[Rev. 2/28/2019 3:13:08 PM]
κ1967 Statutes of Nevada, Page 961κ
Assembly Bill No. 348Mr. Getto
CHAPTER 346
AN ACT to amend chapter 710 of NRS, relating to utilities and carriers owned by counties, by amending pertinent sections relating to telephone systems of counties, to the issuance of bonds and other securities by counties in connection with such systems, and to the construction, other acquisition, equipment, operation, maintenance, improvement, sale and other disposition of properties appertaining thereto, and also relating to property taxes, revenues derived from the operation of such systems, pledges and liens pertaining thereto, and provisions for the protection of investors in such securities; specifying powers, duties, rights, privileges, liabilities and limitations and providing other details in connection with such systems, properties appertaining thereto, securities, property taxes, system revenues and other moneys pertaining thereto, by reference to the Local Government Securities Law; repealing NRS 710.060 to 710.135, inclusive; 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 710.035 is hereby amended to read as follows:
710.035 Notwithstanding the provisions of NRS 710.030, the board of county commissioners of any county controlling and managing a telephone system [may, at any time, call a special election for the purpose of submitting to the registered voters of the county a proposal to issue bonds of the county for the purpose of extending or improving the system. Such special election shall be called and held and registration of electors provided for substantially in compliance with the provisions of NRS 710.151 to 710.159, inclusive, relating to the sale or lease of a county-owned telephone system.] , for the extension, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of the system, including without limitation the purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, telegraphic equipment, other equipment, furnishings, transmission and distribution lines, other facilities, lands in fee simple, easements, rights-of-way, other interests in land, other real and personal property, and appurtenances, may, at any time or from time to time, in the name and on the behalf of the county, issue:
1. In the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:
(a) General obligation bonds, payable from taxes; and
(b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system.
2. Revenue bonds constituting special obligations and payable from such net revenues, without the necessity of the revenue bonds being authorized at any election.
Sec. 2. NRS 710.040 is hereby amended to read as follows:
710.040 1. The total of all [bonds, other than revenue bonds, issued to finance the construction, acquisition, extension or improvement of a county telephone system shall be an] general obligation bonds and other general obligation securities constituting a debt (but excluding revenue bonds and other securities constituting special obligations) issued to finance any undertaking authorized in NRS 710.010 to 710.035, inclusive, shall be in a principal amount not to exceed 10 percent of the assessed valuation of all property in the county for the year in which the bonds shall be issued.
κ1967 Statutes of Nevada, Page 962 (CHAPTER 346, AB 348)κ
finance any undertaking authorized in NRS 710.010 to 710.035, inclusive, shall be in a principal amount not to exceed 10 percent of the assessed valuation of all property in the county for the year in which the bonds shall be issued. Such general obligation securities shall constitute a separate classification of debt of the county and shall not exhaust its debt-incurring power for other purposes under any other statutory debt limitation.
2. No revenue bonds or other securities constituting special obligations of the county payable from the revenues of the system shall be issued for any undertaking authorized in NRS 710.035, unless the earnings derived from the operation of the system for the fiscal year immediately preceding the date of the issuance of such revenue bonds or other securities has been sufficient to pay the operation and maintenance expenses of the system for the fiscal year, and, in addition, sufficient to pay an amount representing 125 percent of the average annual principal and interest requirements of the outstanding bonds and other securities of the county payable from the revenues of the system and the bonds or other securities proposed to be issued.
3. Nothing in this section shall be construed as preventing the county from funding, refunding or reissuing any securities of the county appertaining to the system as provided in the Local Government Securities Law, as from time to time amended, except as therein limited.
Sec. 3. NRS 710.050 is hereby amended to read as follows:
710.050 [The bonds shall be of the denomination of $500 each.] Subject to the provisions of NRS 710.010 to 710.035, inclusive, for any undertaking therein authorized the board of county commissioners, as it may determine from time to time, may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence such obligations by the issuance of bonds and other county securities, and in connection with such undertaking or the system as thereby improved, the board may otherwise proceed, all as provided in the Local Government Securities Law, as from time to time amended.
Sec. 4. NRS 710.060 to 710.135, inclusive, are hereby repealed.
Sec. 5. This act shall become effective upon passage and approval.
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Senate Bill No. 318Committee on Finance
CHAPTER 347
AN ACT to amend chapter 331 of NRS, relating to the buildings and grounds division of the department of administration, by placing all state buildings under the supervision of the division; establishing and abolishing certain funds; to repeal NRS 331.107 and 331.109, relating to certain funds; 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 331.070 is hereby amended to read as follows:
331.070 1. The superintendent shall have supervision over and control of [:
κ1967 Statutes of Nevada, Page 963 (CHAPTER 347, SB 318)κ
(a) The state Capitol Building.
(b) The capitol grounds and state water supply.
(c) The state printing office and grounds.
(d) The Heroes Memorial Building.
(e) The State Office Building.
(f) The governors mansion and grounds.
(g) All other] all state buildings, grounds, and properties not otherwise provided for by law.
2. He shall direct the making of all repairs and improvements on the buildings and grounds mentioned in subsection 1.
3. All officers, departments, boards, commissions and agencies shall make requisition upon him for any repairs or improvements necessary in [the Capitol Building or in other] buildings or parts thereof owned by or leased to the state and occupied by such officers, departments, boards, commissions or agencies.
Sec. 2. NRS 331.090 is hereby amended to read as follows:
331.090 The superintendent is authorized to accept rent moneys from various departments and agencies [that are not supported by legislative appropriation from the general fund,] that are occupying space in the various state-owned buildings. Such rent moneys shall be deposited in the [general fund in the state treasury.] buildings and grounds operating fund in the state treasury.
Sec. 3. Chapter 331 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 7, inclusive, of this act.
Sec. 4. 1. The buildings and grounds operating fund is hereby created in the state treasury.
2. All costs of administering the provisions of this chapter shall be paid out of the buildings and grounds operating fund on claims in the same manner as other claims against the state are paid.
Sec. 5. 1. The superintendent shall:
(a) Maintain accurate records reflecting the costs of administering the provisions of this chapter.
(b) Between July 1 and August 1 of each even-numbered year, determine, on the basis of experience during the 2 preceding fiscal years, the estimated cost per square foot of rentable area of carrying out the functions of the buildings and grounds division for the 2 succeeding fiscal years, and inform each department, agency and institution operating under the provisions of this chapter of such cost.
2. Each department, agency and institution, occupying space in state-owned buildings maintained by the buildings and grounds division, shall include in its budget for each of the 2 succeeding fiscal years an amount of money equal to the cost per budgeted square foot of rentable area, as determined by the superintendent, multiplied by the number of rentable square feet occupied by each department, agency or institution.
3. Except as provided in subsection 5, on July 1 of each year each department, agency or institution shall pay to the superintendent for deposit in the buildings and grounds operating fund the amount of money appropriated to or authorized for such department, agency or institution for building space rental costs pursuant to its budget.
4. All moneys remaining in the buildings and grounds operating fund on June 30 of any year shall revert to the fund to which originally appropriated in proportion to the contribution from such fund.
κ1967 Statutes of Nevada, Page 964 (CHAPTER 347, SB 318)κ
fund on June 30 of any year shall revert to the fund to which originally appropriated in proportion to the contribution from such fund.
5. Any state department, agency or institution may pay building space rental costs required by subsection 3 on a date or dates other than July 1, if compliance with federal law or regulation so requires.
Sec. 6. 1. The general services working capital fund is hereby created. Such fund shall be a continuing fund and no moneys in such fund shall revert to the general fund at any time.
2. Moneys from the general services working capital fund shall be paid out on claims as other claims against the state are paid. Such claims shall be approved by the superintendent.
3. Claims shall be made in accordance with budget and quarterly work allotments and subject to preaudit examination and approval.
Sec. 7. 1. All revenues resulting from:
(a) Postage sold to state officers, departments and agencies;
(b) Charges for proportionate costs of mail service operation; and
(c) Both direct and pro rata charges to state departments and agencies for telephone service,
shall be deposited in the general services working capital fund.
2. The formula for spreading costs of operation shall be adjusted from time to time to preserve the fund at its initial level as nearly as is practicable.
Sec. 8. NRS 331.107 and 331.109 are hereby repealed.
Sec. 9. On July 1, 1967, the unencumbered balances in the mail service working capital fund and the central telephone working capital fund shall be transferred to the general services working capital fund.
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Senate Bill No. 242Senator Farr
CHAPTER 348
AN ACT to amend chapter 474 of NRS, relating to county fire protection districts created by boards of county commissioners, by amending existing sections and adding new sections; relating to the formation of such districts, their purposes, the facilities and services furnished thereby, their properties, contracts with other political subdivisions, the borrowing of money, the other incurrence of obligations, and the issuance of bonds and other securities, the levy and collection of general (ad valorem) property taxes; otherwise providing powers, duties, rights, privileges, liabilities and limitations and other details in connection therewith; 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 474.460 is hereby amended to read as follows:
474.460 1. All territory in each county not included in any other fire protection district, except incorporated areas, may be organized by ordinance by the board of county commissioners of the county in which such territory lies into as many fire protection districts as necessary to provide for the prevention and extinguishment of fires in the county, until such time as such territory may be included in another fire protection district formed in accordance with the provisions of chapter 473 of NRS, or NRS 474.010 to 474.450, inclusive.
κ1967 Statutes of Nevada, Page 965 (CHAPTER 348, SB 242)κ
for the prevention and extinguishment of fires in the county, until such time as such territory may be included in another fire protection district formed in accordance with the provisions of chapter 473 of NRS, or NRS 474.010 to 474.450, inclusive.
2. Each such district shall:
(a) Be a body corporate and politic;
(b) Be a political subdivision of the state; and
(c) Have perpetual existence unless dissolved as provided in this chapter.
3. Each such district may:
(a) Have and use a corporate seal;
(b) Sue and be sued, and be a party to suits, actions and proceedings; and
(c) Arbitrate claims.
4. The board of county commissioners of the county organizing each such district shall ex officio be the governing body of each such district.
5. The chairman of the board of county commissioners shall ex officio be chairman of each such district.
6. The county clerk shall ex officio be clerk of each such district.
7. The county treasurer shall ex officio be treasurer of each such district.
Sec. 2. NRS 474.510 is hereby amended to read as follows:
474.510 1. The board of county commissioners shall prepare a budget for each district organized in accordance with NRS 474.460, estimating the amount of money which will be needed to defray the expenses of the [districts organized in accordance with NRS 474.460,] district, and to meet unforeseen fire emergencies and determine the amount of a fire protection tax sufficient to raise such sums.
2. At the time of making the levy of county taxes for the year, the board of county commissioners shall levy the tax provided by subsection 1, upon all [the real property, together with improvements thereon, and all telephone lines, powerlines and other public utility lines, which are defined as personal property within the provisions of NRS 361.030, in the districts.] property, both real and personal, subject to taxation within the boundaries of the district, including the net proceeds of mines. Any tax levied on interstate or intercounty telephone lines, powerlines and other public utility lines as authorized in this section shall be based upon valuations established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.
3. The amount of tax to be collected for the purposes of this section shall not exceed, in any 1 year, 1 percent of the value of the property described in subsection 2.
4. If levied, the tax shall be entered upon the assessment roll and collected in the same manner as state and county taxes.
5. For the purposes of NRS 474.460 to 474.540, inclusive, the county treasurer shall keep two separate funds [,] for each such district, one to be known as the [county] district fire protection operating fund and one to be known as the [county] district fire emergency fund. The sums collected to defray the expenses of [the districts] any district organized pursuant to NRS 474.460 shall be deposited in the [county] district fire protection operating fund, and the sums collected to meet unforeseen emergencies shall be deposited in the [county] district fire emergency fund.
κ1967 Statutes of Nevada, Page 966 (CHAPTER 348, SB 242)κ
emergencies shall be deposited in the [county] district fire emergency fund. The [county] district fire emergency fund shall be used solely for emergencies and shall not be used for regular operating expenses and shall not exceed the sum of $50,000.
Sec. 3. NRS 474.540 is hereby amended to read as follows:
474.540 1. The county activities set forth under NRS 474.460 to 474.540, inclusive, shall be separate and apart from other county functions except for equipment maintenance and repair.
2. The activities of each district organized in accordance with NRS 474.460 shall be separate and apart from county activities and any other political subdivision in this state.
Sec. 4. Chapter 474 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 10, inclusive, of this act.
Sec. 5. The board of county commissioners of any county in which is located a fire protection district organized pursuant to NRS 474.460, in the name and on behalf of the county by ordinance, and in the name and on behalf of any such district by resolution, may authorize contracts between the county and any such district or among the county and such districts for the prevention and control of fires and concerning the exercise of powers by the respective parties to such contract for that purpose, including without limitation the exercise of the powers provided in NRS 474.470.
Sec. 6. Any district organized pursuant to NRS 474.460, acting by and through the board of county commissioners, by resolution may at any time or from time to time acquire:
1. A system of waterworks, hydrants and supplies of water.
2. Telegraphic fire signals, telephone, telegraph, radio and television service.
3. Fire engines and other vehicles.
4. Hooks, ladders, chutes, buckets, gauges, meters, hoses, pumps, fire extinguishers, fans and artificial lights.
5. Respirators, rescue equipment, other fire protection and firefighting apparatus and other appurtenances.
6. Fixtures, structures, stations, other buildings and sites therefor.
7. Land, interests in land, and improvements thereon for firebreaks and other fire protection.
8. Appurtenances and incidentals necessary, useful or desirable for any such facilities, including without limitation all types of property therefor.
9. Any combination of the properties provided in this section.
Sec. 7. For the purpose of defraying the cost of the acquisition of any properties authorized by section 6 of this act, the board of county commissioners, on the behalf and in the name of any district organized pursuant to NRS 474.460, may, by resolution, at any time or from time to time, borrow money, otherwise become obligated, and evidence or reevidence such obligations by the issuance of bonds and other municipal securities payable from general (ad valorem) taxes and constituting general obligations of the district, as provided in the Local Government Securities Law, as from time to time amended, subject to the limitations therein and in sections 8 and 9 of this act.
Sec. 8. No general obligation bonds of a district shall be issued unless there is a compliance with the provisions of NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive.
κ1967 Statutes of Nevada, Page 967 (CHAPTER 348, SB 242)κ
unless there is a compliance with the provisions of NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive.
Sec. 9. No indebtedness, as defined in section 45 of the Local Government Securities Law, including outstanding indebtedness, shall be incurred by any district organized pursuant to NRS 474.460 in an aggregate principal amount exceeding 5 percent of the total last-assessed valuation of taxable property (excluding motor vehicles) situated within the district.
Sec. 10. 1. An annual general (ad valorem) tax shall be levied and collected by the district sufficient to pay the interest on and the principal of the general obligation securities of the district as the same become due.
2. The proceeds of such taxes are specially appropriated to the payment of such principal and interest.
3. Such appropriation shall not be repealed nor the taxes postponed or diminished until such principal and interest has been wholly paid.
4. The payment of such securities, the levy of such taxes, and the appropriation of the proceeds thereof shall be in the manner delineated in sections 48 to 53, inclusive, of the Local Government Securities Law, and other provisions therein supplemental thereto.
Sec. 11. This act shall become effective upon passage and approval.
________
Senate Bill No. 115Senator Hug (By request)
CHAPTER 349
AN ACT relating to public school teachers; providing a procedure for dismissal and failure to reemploy; providing for a professional review committee; setting forth the grounds for dismissal and failure to reemploy; providing for suspension in certain cases; 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 391.350 is hereby amended to read as follows:
391.350 1. If any teacher employed by any board of trustees of a school district for a specified time shall fail to comply with the provisions of his contract without the written consent of the board of trustees, the teacher shall be deemed guilty of unprofessional conduct. If such teachers failure to comply with the provisions of his contract is the result of his having subsequently executed an employment contract with another board of trustees of a school district in this state without the written consent of the board of trustees first employing him, the second such contract is void.
2. Upon receiving formal complaint from the board of trustees, substantiated by conclusive evidence of such failure, the state board of education may suspend or revoke the certificate of the teacher. [for a period of 1 year.]
3. State education agencies in other states shall be notified of any revocation for the reasons set forth in this section.
κ1967 Statutes of Nevada, Page 968 (CHAPTER 349, SB 115)κ
Sec. 2. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 19, inclusive, of this act.
Sec. 3. The following terms, whenever used or referred to in sections 4 to 19, inclusive, of this act have the following meaning unless a different meaning clearly appears in the context:
1. Administrator means any teacher the majority of whose working time is devoted to service as a superintendent, supervisor, principal, vice principal or the director of a division or its equivalent in a school district.
2. Board means the board of trustees of the school district wherein a teacher affected by this act is employed.
3. Superintendent means the superintendent of a school district or the person acting as such.
4. Teacher means any certificated employee of a board of trustees of a school district.
Sec. 4. 1. A teacher may be dismissed or not reemployed for the following reasons:
(a) Inefficiency;
(b) Immorality;
(c) Unprofessional conduct;
(d) Insubordination;
(e) Neglect of duty;
(f) Physical or mental incapacity;
(g) A justifiable decrease in the number of positions due to decreased enrollment or district reorganization;
(h) Conviction of a felony or of a crime involving moral turpitude;
(i) Inadequate performance;
(j) Evident unfitness for service;
(k) Failure to comply with such reasonable requirements as a board may prescribe;
(l) Failure to show normal improvement and evidence of professional training and growth;
(m) Advocating overthrow of the Government of the United States or of the State of Nevada by force, violence or other unlawful means, or the advocating or teaching of communism with the intent to indoctrinate pupils to subscribe to communistic philosophy;
(n) Any cause which constitutes grounds for the revocation of a teachers state certificate;
(o) Willful neglect or failure to observe and carry out the requirements of this Title; or
(p) Dishonesty.
2. In determining whether the professional performance of a teacher is inadequate, consideration shall be given to the regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the board.
Sec. 5. Whenever a principal or other school administrator charged with supervision of a teacher finds it necessary to admonish a teacher for a reason that he believes may lead to dismissal or cause the teacher not to be reemployed, he shall:
1. Bring the matter to the attention of the teacher involved and make a reasonable effort to assist the teacher to correct whatever appears to be the cause for potential dismissal or failure to reemploy; and
κ1967 Statutes of Nevada, Page 969 (CHAPTER 349, SB 115)κ
a reasonable effort to assist the teacher to correct whatever appears to be the cause for potential dismissal or failure to reemploy; and
2. Except as provided in section 6 of this act, allow sufficient time for improvement.
Sec. 6. 1. Whenever a superintendent has reason to believe that cause exists for the dismissal of a teacher and when he is of the opinion that the immediate suspension of the teacher is necessary in the best interests of the children in the district, the superintendent may suspend the teacher without notice and without a hearing. The superintendent shall notify the teacher in writing of the suspension.
2. Within 10 days after such suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of this chapter to effect the teachers dismissal.
3. If sufficient grounds for dismissal do not exist, the teacher shall be reinstated without loss of compensation.
Sec. 7. 1. A superintendent may, or at the direction of the board shall, recommend that a teacher be dismissed or not reemployed.
2. The board may recommend that a superintendent be dismissed or not reemployed.
Sec. 8. 1. There is hereby created a professional review committee which shall consist of 42 persons of recognized scholarship and professional standing who have been actively engaged in teaching or related administrative or supervisory services in the public schools of this state for the 5 years preceding their appointment. The members of the committee shall be appointed by the superintendent of public instruction and approved by the state board of education.
2. A majority of the committee shall consist of teachers not occupying the position of an administrator. The total committee shall be broadly representative of the teaching profession, including administrators.
3. The superintendent of public instruction shall develop a method of seeking nominations for the committee from the teachers of the state.
4. Except as provided in subsection 6, each member of the committee shall be appointed for a term of 3 years. The state superintendent of public instruction shall fill any vacancy which may occur on the committee. Such appointee must be approved by the state board of education and will serve for the remainder of the term of the member that he was appointed to replace.
5. The superintendent of public instruction shall give the members such instructions as he considers necessary to perform their duties.
6. Of the members of the initial review board, one-third shall be appointed for a term of 1 year, one-third for a term of 2 years and one-third for a term of 3 years.
Sec. 9. 1. At least 15 days before recommending to a board that it dismiss or not reemploy a teacher, the superintendent shall give written notice to the teacher, by registered or certified mail, of his intention to make such recommendation.
2. Such notice shall:
(a) Inform the teacher of the grounds for the recommendation.
(b) Inform the teacher that, if a written request therefor is directed to the superintendent within 10 days after receipt of the notice, the teacher is entitled to a hearing before a panel of the professional review committee.
κ1967 Statutes of Nevada, Page 970 (CHAPTER 349, SB 115)κ
is entitled to a hearing before a panel of the professional review committee.
(c) Refer to chapter 391 of NRS.
3. The superintendent, if he determines that the best interests of education in the district would be served, may also request a panel of the review committee to review the matter.
Sec. 10. 1. If no request for a review is made within the time period allowed, the superintendent shall file his recommendation with the board. The board may, by resolution, act on the recommendation as it sees fit.
2. If a request for a review is made, the superintendent shall not file his recommendation with the board until a report of a panel of the review committee is filed with him.
Sec. 11. 1. If a request for review is made, the superintendent, within 3 days from the receipt of such request, shall notify the superintendent of public instruction who, within 5 days from the receipt of such notice, shall designate a panel consisting of five members of the professional review committee.
2. In school districts with 1,000 or more certificated personnel the panel members shall be appointed from within the district from which the request is made. In districts with less than 1,000 certificated personnel the superintendent of public instruction shall appoint the panel members from within the district or nearby districts.
3. In all proceedings brought under the provisions of sections 11 to 14, inclusive, of this act, the district in which the charge to dismiss or not reemploy is being brought shall pay necessary expenses, if any. Panel members shall not forfeit any salary or sick leave benefits for performing their duties as a panel member.
Sec. 12. The teacher and the superintendent may challenge not more than three members of the professional review committee, and the superintendent of public instruction shall not appoint any challenged person to the panel. The panel members shall be broadly representative of various levels of responsibility within the teaching profession.
Sec. 13. 1. As soon as possible after the time of its designation, the panel shall elect a chairman and shall conduct an investigation to determine whether the grounds for the recommendation are substantiated.
2. The state department of education shall furnish the panel with any assistance which is reasonably required to conduct its investigation, and the panel may require witnesses to give testimony under oath and produce evidence relevant to its investigation.
3. The teacher and superintendent are entitled to be heard, to be represented by counsel and to call witnesses in their behalf.
Sec. 14. 1. Except as provided in subsection 3, within 15 days from the time of its designation, the panel shall complete its investigation and shall prepare and file a written report with the superintendent and the teacher involved.
2. The report shall contain an outline of the scope of its investigation and its findings.
3. If it appears that the report cannot be prepared within 15 days, the teacher and the superintendent shall be so notified prior to the end of such period, and the panel may take the time necessary not exceeding 30 days from the time of its designation properly to perform its duty.
κ1967 Statutes of Nevada, Page 971 (CHAPTER 349, SB 115)κ
Sec. 15. 1. Within 5 days after the superintendent receives the report of the panel he shall either withdraw the charges against the teacher or file his recommendation with the board accompanied by a copy of the report of the panel.
2. Within 5 days after the receipt of the recommendation of the superintendent and before any formal action is taken, the board shall notify the teacher by registered or certified mail of the recommendation of the superintendent. The board shall also notify the teachers immediate supervisor, if other than the superintendent, of the recommendation and furnish him with a report.
3. The teacher may, within 5 days after receipt of the board notice, direct a written request to the board for a hearing.
4. Within 10 days after receipt of such request, the board shall:
(a) Set a time and place for a hearing.
(b) Notify the superintendent and the teacher of the hearing.
5. If the teacher does not make a request for a hearing within the time allowed, the board may, by resolution, act on the recommendation.
Sec. 16. 1. The following provisions apply to any hearing conducted by the board pursuant to section 15 of this act:
(a) The board shall permit all relevant evidence to be presented, including the report of the review panel.
(b) The board may require witnesses to give testimony under oath and produce evidence.
(c) The state board of education shall develop a set of uniform standards and procedures to be used in such hearing. The technical rules of evidence need not apply.
(d) The teacher and superintendent may be represented by counsel.
(e) At the conclusion of the hearing the board shall, within 5 days, render a written decision based on the evidence. A copy of the decision shall be given to the teacher and superintendent.
2. If it is the decision of the board to adopt the recommendation of the superintendent, the board may, by resolution, dismiss or not reemploy the teacher.
Sec. 17. 1. On or before April 1 of each year, the boards of trustees of the several school districts shall notify, in writing, the teachers in their employ concerning their reemployment for the ensuing year. If the board, or the person designated by it, fails to notify a teacher who has been employed by a school district for a majority of the current year of his status for the ensuing year, the teacher shall be deemed to be reemployed for the ensuing year on the same terms as existed during the current year, and the board shall issue a contract to such teacher as though the board had reemployed such teacher in the usual manner.
2. This section does not apply to any teacher who has been recommended to be dismissed or not to be reemployed if no final decision has been made by the board concerning such recommendation.
3. Any teacher who is reemployed pursuant to subsection 1 shall by April 10 notify the board of trustees in writing of his acceptance of the contract. Failure on the part of the teacher to notify the board of acceptance within the specified time limit shall be conclusive evidence of the teachers rejection of the contract.
Sec. 18. (Deleted by amendment.)
κ1967 Statutes of Nevada, Page 972 (CHAPTER 349, SB 115)κ
Sec. 19. (Deleted by amendment.)
Sec. 20. NRS 391.130, 391.300 and 391.310 are hereby repealed.
Sec. 21. This act shall become effective on September 1, 1968.
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Assembly Bill No. 513Committee on State, County and City Affairs
CHAPTER 350
AN ACT to amend NRS 243.045 and 243.235, relating to the boundaries of Douglas and Lyon counties, by changing the boundary between the two counties.
[Approved April 12, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 243.045 is hereby amended to read as follows:
243.045 1. There shall be a county, to be known as Douglas County, to include all that part of the State of Nevada within the boundaries described as follows: Beginning at Masons Ranch on the Walker River and running westerly in a straight line to the mouth of Clear Creek; thence along the middle of Clear Creek to its source; thence due west to the California line; thence south and southeasterly along the line to the western boundary of Lyon County; thence northerly along the boundary to the place of beginning.
2. Notwithstanding anything to the contrary in subsection 1, the north boundary line of Douglas County is redefined on March 2, 1965, and such north boundary line is particularly described as follows: Beginning at Masons Ranch on the Walker River and running westerly in a straight line toward the mouth of Clear Creek to a point where such line intersects the centerline of Eldorado Canyon in section 18, T. 14 N., R. 22 E.; thence northeasterly down the centerline of Eldorado Canyon, a distance of 500 feet, more or less, to its intersection with a point on the north boundary of such section 18 which is also common to a point on the south boundary of section 7, T. 14 N., R. 22 E., the southeast corner of the new south boundary of Ormsby County and from which point the southeast corner of such section 7 bears S. 89°51′ E. a distance of 1,386 feet; thence westerly along the new south boundary of Ormsby County to the Nevada-California state line. All township and range references are to the Mount Diablo Base and Meridian.
3. Notwithstanding anything to the contrary in subsections 1 and 2, the boundary line between Douglas County and Lyon County is redefined on the effective date of this act, and such boundary line is particularly defined as follows: Beginning at a point on the south boundary of Ormsby County and the north boundary of Douglas County, which point is in Eldorado Canyon and lies on the south boundary of section 7, T. 14 N., R. 22 E., such point being further described as bearing N. 89°51′ W. a distance of 1,386 feet from the southeast corner of section 7, T. 14 N., R. 22 E., this point being a common point to Ormsby County, Douglas County and Lyon County, Nevada; thence east along the south section line of sections 7, 8, 9, 10, 11 and 12, T.
κ1967 Statutes of Nevada, Page 973 (CHAPTER 350, AB 513)κ
line of sections 7, 8, 9, 10, 11 and 12, T. 14 N., R. 22 E.; thence continuing east along the south section line of sections 7, 8, 9, 10, 11 and 12, T. 14 N., R. 23 E.; thence continuing east along the south section line of the unsurveyed sections 7 and 8, to the northeast corner of section 17, T. 14 N., R. 24 E.; thence south along the east section line of the unsurveyed sections 17, 20, 29 and 32, T. 14 N., R. 24 E.; thence continuing south along the east section line of sections 5, 8 and 17 to the east-west quarter section line of section 17, T. 13 N., R. 24 E.; thence west along the quarter line of sections 17 and 18 to the northeast corner of the NW 1/4 of the SW 1/4 of section 18, T. 13 N., R. 24 E.; thence south along the east line of the NW 1/4 of the SW 1/4 of section 18 to the southeast corner of the NW 1/4 of the SW 1/4 of section 18, T. 13 N., R. 24 E.; thence west along the south line of the NW 1/4 of the SW 1/4 of section 18 to the east section line of section 13, T. 13 N., R. 23 E.; thence south along the east section line to the southeast corner of section 13, T. 13 N., R. 12 E.; thence west along the south section line of sections 13, 14 and 15 to the northeast corner of section 21, T. 13 N., R. 23 E.; thence south along the east section line of sections 21 and 28 to the southeast corner of section 28, T. 13 N., R. 23 E.; thence west along the south section line of section 28 to the northeast corner of section 32, T. 13 N., R. 23 E.; thence south along the east section line of section 32, to the southwest corner of section 33 and the south township line of T. 13 N., R. 23 E.; thence continuing south along the east section line of sections 5, 8, 17 and 20 to the southeast corner of section 20, T. 12 N., R. 23 E.; thence west along the south section line of section 20 to the northeast corner of section 30, T. 12 N., R. 23 E.; thence south along the east section line of sections 30 and 31 to the southwest corner of section 32, T. 12 N., R. 23 E.; thence east along the south section line of section 32, T. 12 N., R. 23 E., to the northeast corner of section 5, T. 11 N., R. 23 E.; thence south along the east section line of sections 5 and 8 to the southwest corner of section 9, T. 11 N., R. 23 E.; thence east along the south section line of section 9 to the north-south quarter section line of section 16, T. 11 N., R. 23 E.; thence south along the north-south quarter section line of section 16 to the south section line of section 16, T. 11 N., R. 23 E.; thence east along the south section line of section 16 to the northeast corner of section 21, T. 11 N., R. 23 E.; thence south along the east section line of sections 21, 28 and 33 to the southeast corner of section 33, T. 11 N., R. 23 E.; thence west along the south section line of section 33, T. 11 N., R. 23 E., to the northeast corner of section 4, T. 10 N., R. 23 E.; thence south along the east section line of sections 4, 9 and 16 to the southwest corner of the N 1/2 of the N 1/2 of section 15, T. 10 N., R. 23 E.; thence east along the south line of the N 1/2 of the N 1/2 of section 15 to the east section line of section 15, T. 10 N., R. 23 E.; thence north along the east section line of section 15 to the southwest corner of section 11, T. 10 N., R. 23 E.; thence east along the south section line of sections 11 and 12 to the northeast corner of section 13, T. 10 N., R. 23 E.; thence south along the east section line of sections 13, 24, 25 and 36 to the southeast corner of section 36 and the south township line of T. 10 N., R. 23 E.; thence continuing south along the east line of sections 1 and 12, T. 9 N., R. 23 E., to the southwest corner of section 7, T. 9 N., R. 24 E.; thence east along the south section line of section 7 to the northeast corner of section 18, T.
κ1967 Statutes of Nevada, Page 974 (CHAPTER 350, AB 513)κ
south section line of section 7 to the northeast corner of section 18, T. 9 N., R. 24 E.; thence south along the east section line of sections 18, 19, 30 and 31 to the southeast corner of section 31, T. 9 N., R. 24 E.; thence continuing south along the east section line of the unsurveyed sections 6, 7, 18, 19 and 30, T. 8 N., R. 24 E., to the Nevada-California state line. All township and range references are to the Mount Diablo Base and Meridian.
Sec. 2. NRS 243.235 is hereby amended to read as follows:
243.235 1. The eastern boundary line of Lyon County is hereby changed from the present boundary as established by law to the line of longitude 41°40ʺ west from Washington, as laid down on DeGroots map of Nevada Territory, published in 1863.
2. All other boundaries of Lyon County, affected by the change of the eastern boundary, shall follow the lines of that portion of Churchill County ceded to Lyon, as established by law.
3. Notwithstanding anything to the contrary in subsections 1 and 2, the boundary line between Lyon and Washoe counties in the vicinity of Fernley and Wadsworth is hereby established as provided in NRS 243.340.
4. Notwithstanding anything to the contrary in this section or NRS 243.230, the boundary line between Lyon and Douglas counties is hereby established as provided in NRS 243.045.
________
Assembly Bill No. 346Mr. Tim Hafen
CHAPTER 351
AN ACT relating to group insurance and medical and hospital service for public employees; allowing public employees to continue such coverage upon retirement; and providing other matters properly relating thereto.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 287 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada retires under the conditions set forth in NRS 286.510 and, at the time of his retirement was covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, such officer or employee shall have the option upon such retirement to:
(a) Cancel any such coverage that he or his dependents might have; or
(b) Continue any such group insurance or medical and hospital service coverage that he or his dependents may have, upon assuming the full premium or membership costs in such programs, until such time as he may elect to be covered under another group insurance or medical and hospital service coverage.
κ1967 Statutes of Nevada, Page 975 (CHAPTER 351, AB 346)κ
may elect to be covered under another group insurance or medical and hospital service coverage.
2. Notice of the selection of the option shall be given in writing to the group insurance or hospital and medical service carrier. If no notice is given prior to the date that the first premium payment following retirement is due, the retired employee shall be deemed to have selected the option to cancel his coverage. The coverage for any individual receiving benefits will terminate upon that individuals first eligible day for benefits under the Health Insurance for the Aged Act (42 U.S.C. § 1395 et seq.).
________
Senate Bill No. 169Senator Titlow
CHAPTER 352
AN ACT to amend chapter 484 of NRS, relating to traffic laws, by adding new sections restricting the length of vehicles; providing a penalty; and providing other matters properly relating thereto.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. No bus or motortruck shall exceed a length of 40 feet.
2. Except as provided in subsection 3, no combination of vehicles, including any attachments thereto coupled together, may exceed a length of 70 feet.
3. The department of highways, by rule and regulation, shall provide for the operation of vehicle combinations in excess of 70 feet in length, but in no event exceeding 105 feet. Such rules and regulations shall establish standards for the operation of such vehicles, which standards shall be consistent with their safe operation upon the public highways and shall include, but not be limited to, the following:
(a) Types and number of vehicles to be permitted in combination;
(b) Horsepower of a motortruck;
(c) Operating speeds;
(d) Braking ability; and
(e) Driver qualifications.
The operation of such vehicles shall not be permitted on highways where, in the opinion of the department of highways, their use would be inconsistent with the public safety due to narrow roadway, excessive grades, extreme curvature or vehicular congestion.
4. Not later than the 3rd Monday of January 1969, the department of highways shall file with the legislature the standards promulgated under this section and shall make such recommendations as they deem appropriate to assist in making legislative determinations as to future operations under this section.
κ1967 Statutes of Nevada, Page 976 (CHAPTER 352, SB 169)κ
5. This section does not apply to vehicles used by a public utility for the transportation of poles.
Sec. 3. Any person operating or moving any vehicle or equipment over any public road who violates any length limitation in this chapter is guilty of a misdemeanor.
________
Senate Bill No. 402Committee on Commerce
CHAPTER 353
AN ACT to amend certain provisions of the Nevada Installment Loan and Finance Act; authorizing licensees to take credit life and accident and health insurance on the lives of borrowers as security for loans; imposing fees for examination of licensees by the superintendent of banks; and providing other matters properly relating thereto.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 675.300 is hereby amended to read as follows:
675.300 1. A licensee may require a borrower to insure tangible personal property [,] when offered as security for a loan under this chapter against any substantial risk of loss, damage or destruction for an amount not to exceed the actual value of such property and for a term and upon conditions which are reasonable and appropriate considering the nature of the property and the maturity and other circumstances of the loan.
2. A licensee may [insure the life of one obligor covering the unpaid balance scheduled to be outstanding.] provide, obtain or take as security for a loan insurance on the life and on the health or disability, or both, of one party obligated on the loan provided that any such insurance provided or obtained by the licensee shall comply with the applicable provisions of NRS 684.020, 690.310 to 690.450, inclusive, and 692.500 to 692.630, inclusive.
3. In accepting any insurance provided by this [subsection] section as security for a loan, the licensee may deduct the premiums or identifiable charge therefor from the proceeds of the loan, which premium or identifiable charge shall not exceed those filed with [the department of] and approved by the commissioner of insurance, and remit such premiums to the insurance company writing such insurance, and any gain or advantage to the licensee, any employee, officer, director, agent, affiliate or associate from such insurance or its sale shall not be considered as additional or further charge in connection with any loan made under this chapter. [Arranging for and collecting of an identifiable charge shall not be deemed a sale of insurance.] Not more than one policy of life insurance and one policy providing accident and health coverage shall be written by a licensee in connection with any loan transaction under this chapter, and a licensee shall not require the borrower to be insured as a condition of any loan. [The form of such insurance shall be first approved by the commissioner of insurance. The premium charged therefor shall be in such amount as the superintendent may determine after a hearing thereon and shall be subject to modification after a hearing called at the request of the superintendent and upon notice to all licensees or upon a hearing held before the superintendent upon written application therefor by not less than three licensees and upon notice to all licensees.]
κ1967 Statutes of Nevada, Page 977 (CHAPTER 353, SB 402)κ
therefor shall be in such amount as the superintendent may determine after a hearing thereon and shall be subject to modification after a hearing called at the request of the superintendent and upon notice to all licensees or upon a hearing held before the superintendent upon written application therefor by not less than three licensees and upon notice to all licensees.] If the unpaid balance of the loan is prepaid in full by cash or other thing of value, refinancing, renewal, a new loan or otherwise, the charge for any credit life insurance and any credit accident and health insurance shall be refunded or credited in accordance with the method established in NRS 675.290 for refunding or computing credit charges. Whenever insurance is written in connection with a loan transaction pursuant to this section, the licensee shall deliver or cause to be delivered to the borrower the certificate, instrument or other memorandum showing the cost thereof to the borrower, within 30 days from the date of the loan. All such insurance shall be written by a company authorized to conduct such business in this state, and the licensee shall not require the purchase of such insurance from any agent or broker designated by the licensee. [The authority of the superintendent to determine the premium charge for insurance shall not be affected by any contrary provision of any other law.
3.] 4. Every insurance policy or certificate written in connection with a loan transaction, pursuant to subsection 2 shall provide for cancellation of the coverage and a refund of the premium or identifiable charge unearned, upon the discharge of the loan obligation for which such insurance is security, without prejudice to any claim. Such refund shall be under a formula filed by the insurer with the department of insurance.
Sec. 2. NRS 675.400 is hereby amended to read as follows:
675.400 1. At least once each year, the superintendent or his duly authorized representatives shall make an examination of the place of business of each licensee and of the loans, transactions, books, papers and records of such licensee so far as they pertain to the business licensed under this chapter.
2. For each examination the superintendent shall charge and collect from the licensee a fee of $7.50 for each man hour expended in conducting the examination and preparing and typing the examination report.
3. All moneys collected by the superintendent pursuant to subsection 2 shall be deposited in the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 978κ
Senate Bill No. 299Clark County Delegation
CHAPTER 354
AN ACT to amend an act entitled An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 31.4 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as added by chapter 286, Statutes of Nevada 1963, at page 519, is hereby amended to read as follows:
Section 31.4. The legislature finds and declares that the treatment and rehabilitation of [female] alcoholics is a proper governmental purpose and municipal function and that the costs thereof are proper municipal expenditures. The board of commissioners may expend city funds for the treatment and rehabilitation of [female] alcoholics in city facilities or by individuals or private or public institutions, corporations and associations.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 343Senator Dodge
CHAPTER 355
AN ACT relating to savings and loan associations; to provide for penalties for failure to abide by the statutes, rules and regulations governing such associations.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 673.260 is hereby amended to read as follows:
673.260 1. The license mentioned in NRS 673.250 shall authorize the company, association or corporation to whom it is issued to sell its approved securities and contracts within this state for the remainder of the fiscal year ending on June 30 next succeeding. Each license shall be renewable, under like restrictions, annually thereafter.
2. For the issuing of any license provided for in NRS 673.250 and for any renewal thereof, the fee of the commissioner shall be:
(a) For each home office, $200 plus 15 cents for each $1,000 of gross assets of the company, association or corporation as of December 31 of each year.
(b) For each branch office, $100.
3. Such fees shall accompany the license renewal application. A penalty of 10 percent of the fee payable shall be charged for each month or part thereof that the fees are not paid after June 30 of each year.
κ1967 Statutes of Nevada, Page 979 (CHAPTER 355, SB 343)κ
4. All sums so received by the commissioner shall be forthwith delivered to the state treasurer and shall be paid into the general fund in the state treasury.
Sec. 2. NRS 673.430 is hereby amended to read as follows:
673.430 1. Each such foreign or domestic association, company or corporation doing business in this state shall cause to be filed annually with the commissioner on or before March 1, a sworn statement in two sections.
2. One section of the annual report shall contain, in such form and detail as the commissioner may prescribe, the following:
(a) The amount of authorized capital by classes and the par value of each class of shares.
(b) A statement of its assets and liabilities at the close of its last fiscal year.
(c) Salaries paid to each of its officers and to its manager, if any, during its last fiscal year.
(d) The total of its liability to investors at the close of its last fiscal year.
(e) Any other facts which the commissioner may require.
This section of the annual report shall be furnished in duplicate, one copy, duly certified as such, to be returned to the reporting organization, which, with the exception of paragraph (c) of subsection 2, shall be published at least two times in some newspaper having a general circulation in the county in which the association maintains an office. Publication shall be completed on or before May 1, and proof thereof shall be filed in the office of the commissioner.
3. One section of the annual report shall contain such other information as the commissioner may require to be furnished therein. This section need not be published and shall be treated as confidential by the commissioner.
4. [At the time of filing of its annual report, every] Every association shall be required to pay to the commissioner for supervision and examination:
(a) An annual fee of $200 for each home office, and an annual assessment on its gross assets computed per $1,000 as of December 31 of the preceding year at the rate of 15 cents per $1,000 of gross assets.
(b) An annual fee of $100 for each branch office.
5. The commissioner shall determine from the annual statement the amount due from each association and shall submit a bill to the association for such amount by March 15. A penalty of 10 percent of the fee payable shall be charged for each month or part thereof that the fees are not paid after April 15 of each year.
6. All sums so received by the commissioner shall be forthwith delivered to the state treasurer and shall be paid into the general fund in the state treasury.
[6.] 7. At the time of filing its annual report, every foreign savings and loan association, company or corporation, doing business in this state, whether or not doing business by and through agents or representatives in this state, except federally chartered savings and loan associations having their home offices located within the State of Nevada, shall be required to obtain a license to do business within the State of Nevada.
κ1967 Statutes of Nevada, Page 980 (CHAPTER 355, SB 343)κ
The license shall be issued by the commissioner in accordance with the provisions of NRS 673.080 and shall be subject to the provisions of NRS 673.260.
Sec. 3. Chapter 673 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The commissioner may after notice and hearing suspend or revoke the charter of any association for repeated failure to abide by the provisions of this chapter or the rules and regulations promulgated thereunder.
2. Any association aggrieved by the action of the commissioner pursuant to this section is entitled to judicial review of such action as provided in NRS 233B.130.
________
Senate Bill No. 390Senators Herr, Swobe, Fisher, Slattery, Titlow, Hecht, Lamb, Brown and Alleman
CHAPTER 356
AN ACT relating to the casino entertainment tax; to exempt certain small gaming establishments from such tax; to eliminate obsolete references to the federal cabaret tax; and providing other matters properly relating thereto.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.401 is hereby amended to read as follows:
463.401 1. In addition to any other license fees and taxes imposed by this chapter, a tax, to be known as the casino entertainment tax, is hereby levied upon each licensed gaming establishment in this state where music and dancing privileges or any other entertainment, except instrumental or mechanical music alone, are afforded the patrons in connection with the serving or selling of food, refreshment or merchandise. A licensed gaming establishment is not subject to tax under this section if [:] the establishment is licensed for not more than 50 slot machines, not more than three table games or any combination of slot machines and table games within such respective limits, or if:
(a) No distilled spirits, wine or beer is served or permitted to be consumed;
(b) Only light refreshment is served;
(c) Where space is provided for dancing, no charge is made for dancing; and
(d) Where music is provided or permitted, such music is:
(1) Instrumental or other music which is supplied without any charge to the owner, lessee or operator of such establishment or to any concessionaire; or
(2) Mechanical music.
2. The amount of the tax imposed upon each licensed gaming establishment by this section [shall be either:
(a) So long as such tax remains at the rate in effect on January 1, 1965, 50 percent of the federal cabaret taxes imposed under 26 U.S.C.
κ1967 Statutes of Nevada, Page 981 (CHAPTER 356, SB 390)κ
1965, 50 percent of the federal cabaret taxes imposed under 26 U.S.C. § 4231(6) upon such establishment for the same period; or
(b) If the federal cabaret tax so imposed is reduced after January 1, 1965, an amount equal to the difference between the federal cabaret tax applicable to such establishment at the rate prevailing on January 1, 1965, and the tax actually imposed and collected by the Federal Government.] is 10 percent of all amounts paid for admission, merchandise, refreshment or service.
3. The tax imposed by this section shall be paid by the licensee of such establishment.
Sec. 2. NRS 463.403 is hereby amended to read as follows:
463.403 1. Every person required to pay the tax imposed by NRS 463.401 shall file with the commission quarterly, on or before the last day of the month succeeding each calendar quarter, a report showing the amount of [federal cabaret taxes paid] all taxable receipts for such calendar quarter.
2. Each report shall be accompanied by the amount of tax shown to be due for the period covered by the report.
Sec. 3. NRS 463.405 is hereby amended to read as follows:
463.405 1. Every person subject to the tax imposed by NRS 463.401 shall keep accurate and detailed records of all [federal cabaret taxes paid, and shall maintain a copy of any report or return filed with the United States Internal Revenue Service for federal cabaret taxes imposed under 26 U.S.C. § 4231(6)] receipts from admission, merchandise, refreshment or service for a period of not less than 3 years from the date of sale. [or the date of the return.]
2. All records [and copies of reports or returns] required to be maintained by subsection 1 shall be made available at all reasonable times to the commission for the purpose of audit and investigation.
________
Assembly Bill No. 310Washoe and Storey Counties Delegation
CHAPTER 357
AN ACT relating to the selection of trial jurors; to provide for their selection by the jury commissioner if appointed; to provide for keeping the record of jurors selected in a more convenient place; and providing other matters properly relating thereto.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 6.045 is hereby amended to read as follows:
6.045 1. The district court in and for any county with a population of 75,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, may by rule of court designate the clerk of the court or one of his deputies as jury commissioner, and may assign to the jury commissioner such administrative duties in connection with trial juries and jurors as the court finds desirable for efficient administration.
κ1967 Statutes of Nevada, Page 982 (CHAPTER 357, AB 310)κ
2. If a jury commissioner is so selected, he shall in January of each year estimate the number of trial jurors which will be required for attendance on the district court until the next annual selection, and shall select such number from the qualified electors of the county not exempt by law from jury duty, whether registered as voters or not. He shall keep a record of the name, occupation and address of each person so selected.
Sec. 2. NRS 6.050 is hereby amended to read as follows:
6.050 [The] 1. In counties where there is no jury commissioner, the board of county commissioners in each county shall at its first regular meeting in each year, by an order duly made and entered on its minutes, estimate as nearly as possible the number of trial jurors that will be required for attendance on the district court of the county until the next annual selection of trial jurors. The board shall thereupon select from the qualified electors of the county, whether registered or unregistered, not exempt by law from jury duty, such number of qualified electors as it has been estimated to be necessary. [The names of the electors so selected shall be entered upon the minutes of the board, together with the occupation and place of residence of each of the electors so selected.]
2. The board shall transmit to the county clerk, who shall keep a record thereof in his office, the name, occupation and address of each person so selected.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 343Messrs. Bowler, Ashworth, Mrs. Tyson, Messrs. May, White, Close, Espinoza, Hilbrecht, Tim Hafen, Frank Young, Wilson, Bishop, Mrs. Brookman, Messrs. Wood, Jacobsen, Miss Foote, Messrs. Harris, Kean, Homer, Getto, Mello, Wooster, Manning and Prince
CHAPTER 358
AN ACT exempting real estate of certain fraternal organizations and university fraternities and sororities from taxation; to amend NRS 361.100, relating to exemptions of university fraternities, by exempting real estate of university fraternities and sororities from taxation; to amend NRS 361.135, relating to exemptions of lodges and other charitable organizations, by extending such exemption to real estate not used for rental purposes; and providing other matters properly relating thereto.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.100 is hereby amended to read as follows:
361.100 All real property owned by any fraternity or sorority, or chapter thereof, when the same is composed of students of the University of Nevada or Nevada Southern University and used as a home for its members, shall be exempt from taxation. [, but such exemption shall in no case exceed the sum of $5,000 to any one fraternity or chapter thereof.]
Sec. 2. NRS 361.135 is hereby amended to read as follows:
361.135 1. The funds, furniture, paraphernalia and regalia owned by any lodge of the Benevolent Protective Order of Elks, Fraternal Order of Eagles, Free and Accepted Masons, [or the] Independent Order of Odd Fellows, Knights of Pythias or Knights of Columbus, or by any similar charitable organization, or by any benevolent or charitable society, so long as the same shall be used for the legitimate purposes of such lodge or society or for such charitable or benevolent purposes, shall be exempt from taxation, but such exemption shall in no case exceed the sum of $5,000 to any one lodge, society or organization.
κ1967 Statutes of Nevada, Page 983 (CHAPTER 358, AB 343)κ
by any lodge of the Benevolent Protective Order of Elks, Fraternal Order of Eagles, Free and Accepted Masons, [or the] Independent Order of Odd Fellows, Knights of Pythias or Knights of Columbus, or by any similar charitable organization, or by any benevolent or charitable society, so long as the same shall be used for the legitimate purposes of such lodge or society or for such charitable or benevolent purposes, shall be exempt from taxation, but such exemption shall in no case exceed the sum of $5,000 to any one lodge, society or organization.
2. The real estate and fixtures of any such organization or society shall be exempt from taxation, but when any such property is used for purposes other than those of such organization or society, and a rent or other valuable consideration is received for its use, the property so used shall be taxed.
3. Where any structure or parcel of land is used partly for the purposes of such organization or society and partly for rental purposes, the area used for rental purposes shall be assessed separately and that portion only shall be taxed.
________
Assembly Bill No. 361Mr. Jacobsen
CHAPTER 359
AN ACT relating to motor vehicle parking privileges for certain disabled persons; to permit physically handicapped and other persons to park vehicles in certain places without penalty upon compliance with certain requirements; and providing other matters properly relating thereto.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The department shall issue a special parking permit on and after January 1, 1968:
(a) To any person holding a valid operators license issued pursuant to this chapter, who owns a motor vehicle, other than a commercial vehicle, and has a permanent physical handicap which impairs his mobility when not in a motor vehicle.
(b) To any person who:
(1) Does not hold a valid operators license; or
(2) Owns or does not own a motor vehicle; and
(3) Has a permanent physical handicap which impairs his driving ability and impairs his mobility when not in a motor vehicle; and
(4) Has need to be driven by another person to a destination in a motor vehicle.
2. The department shall make such rules and regulations as are necessary to ascertain eligibility for such a parking permit.
3. Applications for a special parking permit shall be made to the department on forms prepared and provided by the department which shall require such information as is necessary to determine the applicants eligibility for such a permit, and shall be accompanied by:
κ1967 Statutes of Nevada, Page 984 (CHAPTER 359, AB 361)κ
shall require such information as is necessary to determine the applicants eligibility for such a permit, and shall be accompanied by:
(a) A certificate from a licensed physician describing the extent of the applicants disability; and
(b) Payment of a permit fee of $1.
4. Only one special parking permit may be issued to any one eligible applicant.
5. Each permit issued pursuant to this section shall expire on December 31 of the year of its issue.
Sec. 2. Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Owners of motor vehicles displaying a special parking permit issued pursuant to section 1 of this act may park such motor vehicles for not more than 2 hours at any one time in parking zones restricted as to the length of time parking is permitted, without penalty, removal of such vehicle or imprisonment, if such parking is otherwise consistent with public safety.
2. This section supersedes all contrary provisions of any local ordinance.
3. This section does not authorize the parking of a motor vehicle in any privately or municipally owned facility for off-street parking without paying the required fee for the time during which such vehicle is so parked.
________
Assembly Bill No. 502Committee on Social Welfare
CHAPTER 360
AN ACT relating to adoption; to clarify that all consents to adoption are irrevocable.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 127.080 is hereby amended to read as follows:
127.080 1. The execution of a written consent to a specific adoption or a relinquishment for adoption pursuant to this chapter shall be irrevocable.
2. A minor parent may execute a relinquishment for adoption and cannot revoke the same upon his or her coming of age.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 985κ
Senate Bill No. 260Senators Fisher and Fransway
CHAPTER 361
AN ACT relating to grazing and ranging; to authorize state grazing boards to disburse moneys from their range improvement funds without action by boards of county commissioners; and providing other matters properly relating thereto.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 568.100 is hereby amended to read as follows:
568.100 [1. Within the provisions of NRS 568.010 to 568.210, inclusive, each state grazing board shall direct and guide the disposition of the range improvement fund of its grazing district.
2. Each board shall record its decisions as to the disposition of such fund in the form of a resolution or resolutions properly adopted by such board, and certified by the chairman and secretary of the board. Such certification shall contain a statement to the effect that at the state grazing board meeting at which any such resolution was adopted a quorum of the board was present, and that at least a majority of the members of the board present voted in favor of adopting the resolution.] All moneys in the range improvement fund of a grazing district shall be paid out on claims signed by the chairman and secretary of the state grazing board of the district. Claims shall be approved by the board and preaudited by the county auditor of the county concerned before they are paid.
Sec. 2. NRS 568.120 is hereby amended to read as follows:
568.120 [Out of the funds at its disposal, each state grazing board is authorized to direct and guide the disposition] Each state grazing board is authorized to pay moneys out of the range improvement fund of its grazing district:
1. For the construction and maintenance of range improvements or any other purpose beneficial to the stockraising and ranching industries and, in turn, the counties situated within the grazing district concerned. None of the funds shall be so disposed of unless some legally constituted and authorized federal or state governmental department, division, bureau, service, board or commission is available for and authorized and willing to undertake direct management and supervision of the project concerned.
2. For the payment of proper administrative costs of the board, including travel and subsistence costs of its members and for the payment of the services of its secretary and his necessary office expenses.
3. For contributions to defray expenses incurred under its written authorization by the central committee of Nevada state grazing boards as provided for under NRS 568.170 to 568.200, inclusive.
Sec. 3. NRS 568.140 is hereby amended to read as follows:
568.140 1. In the case of any project involving construction and maintenance of range improvements as provided for in NRS 568.010 to 568.210, inclusive, and within any grazing district established under the provisions of the Taylor Grazing Act, such project or projects shall be undertaken only under cooperative agreements entered into on the part either of the state grazing boards or the boards of county commissioners, as the case may be, and the federal officials in charge of the grazing district concerned.
κ1967 Statutes of Nevada, Page 986 (CHAPTER 361, SB 260)κ
as the case may be, and the federal officials in charge of the grazing district concerned.
2. In the case of any project involving other than construction and maintenance of range improvements, and in cases where the state grazing boards are empowered by NRS 568.120 to [guide and direct the disposition of the funds,] pay out moneys, such project shall be undertaken only under cooperative agreements entered into on the part of the state grazing boards and either the federal or state officials, as the state grazing boards concerned may decide, who are in charge of the governmental department, division, bureau, service, board or commission in charge of and having jurisdiction over the kind of project concerned.
Sec. 4. NRS 568.110 is hereby repealed.
________
Senate Bill No. 214Committee on Finance
CHAPTER 362
AN ACT relating to personnel of the Colorado River commission; providing that the secretary of the commission shall not be a member thereof and that his salary shall be in an amount fixed by law; providing that commission employees are in the state personnel system and providing other matters properly relating thereto.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 538.110 is hereby amended to read as follows:
538.110 At the first meeting of the commission in each calendar year, the commission shall select officers for the ensuing calendar year consisting of a chairman, vice chairman and secretary. The secretary may [or may] not be a member of the commission, and his compensation shall be [fixed by the commission.] in the amount fixed by law.
Sec. 2. NRS 538.140 is hereby amended to read as follows:
538.140 The commission shall [have the power to] employ, pursuant to chapter 284 of NRS, such assistants and employees as may be [absolutely] necessary to carry the purposes of NRS 538.040 to 538.260, inclusive, into effect. Such assistants and employees shall [receive reasonable salaries, to be fixed by the commission, and shall] have such duties as may be prescribed by the commission.
________
κ1967 Statutes of Nevada, Page 987κ
Assembly Bill No. 498Messrs. White, May, Bowler and Close
CHAPTER 363
AN ACT detaching the area comprising the site of the Rancho High School from the city of Las Vegas and annexing the same to the city of North Las Vegas; to amend an act entitled An Act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended; and to amend an act entitled An Act to incorporate the city of North Las Vegas in Clark county, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto, approved March 27, 1953, as amended.
[Approved April 13, 1967]
Whereas, The city of North Las Vegas, with a population of approximately 32,000 and being the third largest city in Nevada, contributes 70 percent of the students in attendance at Rancho High School; and
Whereas, Community pride and school spirit are enhanced where a high school is located within a citys boundaries; and
Whereas, The city of North Las Vegas does not have a public high school located within its boundaries; and
Whereas, If the area comprising the site of the Rancho High School, now contained within the limits of the city of Las Vegas, is detached from such city and by legislative action annexed to the city of North Las Vegas, such action will engender student spirit and citizenship responsibilities; and
Whereas, Such detachment and annexation will not affect the fiscal affairs of either the city of Las Vegas or North Las Vegas because the area, being owned by a political subdivision, is tax exempt; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 132, Statutes of Nevada 1911, entitled An Act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended, is hereby amended by adding thereto a new section designated section 1.6 which shall immediately follow section 1.5 of Chapter I and shall read as follows:
Section 1.6. That certain area comprising the site of the Rancho High School, the property of the Clark County School District, and any portion of Owens Avenue lying north of such area upon which such school district property fronts, now within the city of Las Vegas, is hereby detached and excluded from the city of Las Vegas.
Sec. 2. Chapter 283, Statutes of Nevada 1953, entitled An Act to incorporate the city of North Las Vegas in Clark county, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto, approved March 27, 1953, as amended, is hereby amended by adding thereto a new section designated section 1.3 which shall immediately follow section 1 of Chapter I and shall read as follows:
κ1967 Statutes of Nevada, Page 988 (CHAPTER 363, AB 498)κ
Section 1.3. That certain area comprising the site of the Rancho High School, the property of the Clark County School District, and any portion of Owens Avenue lying north of such area upon which such school district property fronts and not now within the limits of the city of North Las Vegas is hereby annexed to and made part of the city of North Las Vegas.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 384Mr. Getto
CHAPTER 364
AN ACT relating to irrigation districts; increasing the limitation on the amount of indebtedness which a district may incur and adding a limitation on interest on such indebtedness.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 539.480 is hereby amended to read as follows:
539.480 1. For the purpose of organization, or for any of the purposes of this chapter, the board of directors may, at any time with the approval of the irrigation district bond commission, incur an indebtedness not exceeding in the aggregate the sum of [$30,000,] $50,000, nor in any event exceeding $1 per acre, and may cause warrants of the district to issue therefor, bearing interest at not to exceed 6 percent per annum. The directors shall have the power to levy an assessment of not to exceed $1 per acre on all lands in the district for the payment of such expenses.
2. Thereafter the directors shall have the power to levy an assessment, annually, in the absence of assessments therefor under any of the other provisions of this chapter of not to exceed 50 cents per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. Such assessments shall be collected as provided in this chapter for the collection of other assessments.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 989κ
Assembly Bill No. 193Committee on Fish and Game
CHAPTER 365
AN ACT to amend NRS 503.200, relating to competitive field trials for hunting dogs, by providing for competitive field trials for the sport of falconry; and establishing a maximum fee for all field trial permits; and providing other matters properly relating thereto.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 503.200 is hereby amended to read as follows:
503.200 1. The commission is empowered to authorize, under permit, competitive field trials for hunting dogs [,] or competitive field trials for falconry, and shall prescribe the rules and regulations to be followed by those in charge of such trials insofar as conduct of the field trials has any effect or bearing upon the supply of game and the laws of this state respecting closed and open seasons.
2. The fee for a field trial permit shall not exceed $1.
3. For the purpose of permitting such field trials the commission may authorize shooting of legally acquired upland game birds during any closed season on the species of bird or birds to be hunted.
[3.] 4. Nothing in this Title shall be construed to make it unlawful to break, train or practice hunting dogs, or to hold field trials therefor, between August 1 and March 31, provided that native game birds are not killed, captured or injured thereby.
[4.] 5. All legally acquired upland game birds used in a field trial or for the purpose of training hunting dogs and for falconry training shall be banded with legbands by the person in charge of such field trial or training. [Legbands shall be furnished by the commission at a cost of not to exceed 10 cents per legband.] Such birds shall only be released in an area first approved by a representative of the commission, after which the commission shall authorize, under permit and under such rules and regulations as the commission may prescribe, the releasing of such legally acquired upland game birds for the foregoing purposes.
[5.] 6. All birds killed under the provisions of this section must be accompanied by a receipt, giving the permit number, the date, the name of the person in possession, and signed by the permitholder. Birds killed and accompanied by a receipt under the provisions of this section may be legally possessed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 990κ
Senate Bill No. 231Committee on Taxation
CHAPTER 366
AN ACT relating to the boundaries of local governments; to require that plats of such boundaries be filed with certain taxing authorities and as public records; and providing other matters properly relating thereto.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 234 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Notwithstanding any other provision of law, each local government, as defined in NRS 354.474, shall file a copy of its official plat with:
(a) The county recorder and the county assessor of each county in which its territory or any part thereof is situated.
(b) The Nevada tax commission, if so requested by the commission. The cost of providing such copy, if requested, shall be borne by the Nevada tax commission.
2. All changes in boundaries made subsequent to the original filing and recording of such plat shall be recorded and filed immediately with the offices with which copies of the original plat were filed.
3. Until a local government complies with the requirements of subsections 1 and 2 it shall not levy or receive any ad valorem or other tax or any other mandatory assessment.
4. This section applies to all local governments receiving and expending funds on behalf of the public, regardless of their designation.
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Assembly Bill No. 235Committee on Agriculture, Irrigation and Livestock
CHAPTER 367
AN ACT relating to the appropriation of water; to provide for qualifications and duties of state water right surveyors; and providing other matters properly relating thereto.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 533.080 is hereby amended to read as follows:
533.080 1. All maps, surveys and measurements of water required under the provisions of this chapter shall be made by a state water right surveyor. No survey, map or measurement of flow of water shall be approved by the state engineer unless such survey is made by a state water right surveyor.
2. [Any engineer or surveyor] Any registered professional engineer or land surveyor, qualified and registered in the State of Nevada, who has a practical knowledge of surveying or engineering and who is familiar with land surveying and mapping and the measurement of water, and who is of good moral standing, shall be [entitled to be appointed] considered for appointment as a state water right surveyor upon application to the state engineer.
κ1967 Statutes of Nevada, Page 991 (CHAPTER 367, AB 235)κ
with land surveying and mapping and the measurement of water, and who is of good moral standing, shall be [entitled to be appointed] considered for appointment as a state water right surveyor upon application to the state engineer. The application shall be in the form prescribed by the state engineer [.] and shall be accompanied by a fee of $25.
3. [Every applicant for appointment as a state water right surveyor shall pay a fee of $5 at the time of making his application to the state engineer. If the application is not granted, the fee shall be returned to the applicant.
4.] The state engineer may require any applicant for appointment to the position of state water right surveyor to pass such reasonable examination as to his qualifications as may be provided by the state engineer.
[5.] 4. Whenever the state engineer shall approve the qualifications of an applicant, he shall issue a certificate to such applicant designating him as a state water right surveyor. [The applicant shall, within 10 days thereafter, file with the state engineer a good and sufficient bond, payable to the State of Nevada, in the sum of $500, conditioned for the faithful performance of his duties as a state water right surveyor.]
5. Every water right surveyors certificate shall expire on June 30 of each year unless renewed by application in the form prescribed by the state engineer. A fee of $10 shall be paid each year for renewal. All application and renewal fees shall be kept by the state engineer and used to pay costs pertaining to such certificate and other costs associated therewith.
6. An appointment may be revoked by the state engineer at any time for good cause shown.
7. The state engineer may provide such additional rules and regulations governing the qualifications and official acts of state water right surveyors as may be reasonable and not inconsistent with this chapter.
8. The State of Nevada shall not be liable for the compensation of any state water right surveyor, but he shall be paid by the person employing him.
9. Officers and employees of the United States Government shall be entitled to apply for the position of state water right surveyor and shall be exempt from the qualification of registration as a professional engineer or land surveyor required in subsection 2. Any certificate issued to such officers and employees shall include a restriction limiting such officers and employees to work for the United States Government.
Sec. 2. NRS 533.400 is hereby amended to read as follows:
533.400 On or before the date set in the endorsement of a permit for the application of water to beneficial use, or on the date set by the state engineer under a proper application for extension therefor, any person holding a permit from the state engineer to appropriate the public waters of the State of Nevada, to change the place of diversion or the manner or place of use, shall file with the state engineer a statement under oath, on a form prescribed by the state engineer, which statement shall include:
1. The name and post office address of the person making such proof.
2. The number and date of the permit for which proof is made.
κ1967 Statutes of Nevada, Page 992 (CHAPTER 367, AB 235)κ
3. The source of water supply.
4. The name of the canal or other works by which the water is conducted to the place of use.
5. The name of the original person to whom the permit was issued.
6. The purpose for which the water is used.
7. If for irrigation, the actual number of acres of land upon which the water granted in the permit has been beneficially used, giving the same by 40-acre legal subdivisions when possible.
8. An actual measurement [(taken by some competent person, giving the name of the person)] taken by a licensed state water right surveyor or an official or employee of the state engineers office of the water diverted for such use.
9. The capacity of the works of diversion.
10. If for power, the dimensions and capacity of the flume, pipe, ditch or other conduit.
11. The average grade and difference in elevation between the termini of such conduit.
12. The number of months, naming them, in which water has been beneficially used.
13. The amount of water beneficially used, taken from actual measurements, [by some competent person, naming the person,] together with such other data as the state engineer may require to acquaint himself with the amount of the appropriation for which the proof is filed.
________
Assembly Bill No. 274Mr. Torvinen
CHAPTER 368
AN ACT relating to conditions and limitations on actions brought against the state, its agencies and political subdivisions; to amend NRS 41.032 and 41.033, concerning cases involving failure to take action and employees acts or omissions; to repeal NRS 41.034, relating to acts and omissions of peace officers; and providing other matters properly relating thereto.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41.032 is hereby amended to read as follows:
41.032 No action may be brought under NRS 41.031 or against the employee which is [based] :
1. Based upon an act or omission of an employee of the state or any of its agencies or political subdivisions, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation is valid, [or based] provided such statute or regulation has not been declared invalid by a court of competent jurisdiction; or
2. Based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the state or any of its agencies or political subdivisions or of any employee of any of these, whether or not the discretion involved is abused.
κ1967 Statutes of Nevada, Page 993 (CHAPTER 368, AB 274)κ
Sec. 2. NRS 41.033 is hereby amended to read as follows:
41.033 No action may be brought under NRS 41.031 or against the employee which is based upon:
1. Failure to inspect any building, structure or vehicle, or to inspect the construction of any street, public highway or other public work to determine any hazards, deficiencies or other matters, whether or not there is a duty to inspect;
2. Failure to discover such hazard, deficiency or other matter, whether or not an inspection is made. [; or
3. Failure to take action as the result of any discovery of any such hazard, deficiency or other matter.]
Sec. 3. NRS 41.034 is hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 446Committee on Ways and Means
CHAPTER 369
AN ACT to amend chapter 428 of NRS, relating to indigent persons, by adding new sections establishing a state plan for assistance to the medically indigent; to amend NRS 450.440 relating to compensation of staff physicians of county hospitals; to repeal NRS 425.195, 426.115, 427.155, and 427.290 to 427.500, inclusive, relating to medical aid for certain groups of persons; providing penalties; and providing other matters properly relating thereto.
[Approved April 13, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 428 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 23, inclusive, of this act.
Sec. 2. There is hereby established a state plan for assistance to the medically indigent, pursuant to Title XIX of the Social Security Act (42 U.S.C. §§ 1396-1396d).
Sec. 3. As used in sections 2 to 23, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 12, inclusive, of this act shall have the meanings ascribed to them in such sections.
Sec. 4. Applicant means any individual who has applied for assistance under sections 2 to 23, inclusive, of this act.
Sec. 5. Assistance means state aid to the medically indigent.
Sec. 6. Board means the state welfare board.
Sec. 7. Division means the welfare division of the department of health and welfare.
Sec. 8. Medical or remedial care means any of the following:
1. Inpatient hospital services consisting of the following items furnished to an inpatient in a hospital:
(a) Bed and board;
(b) Drugs; and
κ1967 Statutes of Nevada, Page 994 (CHAPTER 369, AB 446)κ
(c) All in-hospital services including anesthesia, nursing services, equipment, supplies, laboratory and radiological services, whether furnished directly by the hospital or by contractual arrangement made by the hospital.
2. Services of a physician rendered to or in behalf of an inpatient in a hospital or nursing home.
3. Skilled nursing-home services consisting of nursing care in a licensed nursing home provided by a registered professional nurse or a licensed practical nurse, which is prescribed by and performed under the general direction of a physician; other medical services related to such skilled nursing care and bed and board in connection with furnishing of such skilled nursing care.
4. Visiting-nurse services consisting of nursing care provided by a registered professional nurse or a licensed practical nurse in the individuals own home under the general direction of a physician and purchased from a public or private nonprofit agency or paid directly to the nurse as the supplier of the service.
5. Drugs prescribed by a physician and provided by a licensed pharmacist for a patient in a nursing home.
6. Outpatient services consisting of the following items furnished to a patient not in a hospital or nursing home, including but not restricted to items furnished in a physicians office, patients home, hospital emergency room or hospital outpatient clinic:
(a) Drugs prescribed by a physician and provided by a licensed pharmacist;
(b) Services of a physician;
(c) Laborataory, radiological and other ancillary services requested by a physician and deemed essential for adequate medical care.
7. Other items or services furnished to an individual to preserve health and prolong life, including but not limited to:
(a) Dental services;
(b) Optometric services and glasses; and
(c) Home health services.
Sec. 9. An individual is medically indigent who meets the property and income requirements established by the division.
Sec. 10. Physician means a licensed physician and surgeon.
Sec. 11. Recipient means any individual who has received or is still receiving state aid to the medically indigent.
Sec. 12. State aid to the medically indigent means the payment for part or all of the cost of medical or remedial care rendered on behalf of individuals as provided in sections 2 to 23, inclusive, of this act and in the rules and regulations of the division.
Sec. 13. The department of health and welfare through the division shall:
1. Administer the plan for assistance to the medically indigent.
2. Serve as the single state agency responsible for carrying out the provisions of sections 2 to 23, inclusive, of this act.
3. Cooperate with the Federal Government in matters of mutual concern pertaining to state aid to the medically indigent.
4. Make such rules and regulations and take such action as may be necessary or desirable to carry out the provisions of sections 2 to 23, inclusive, of this act, including but not limited to:
κ1967 Statutes of Nevada, Page 995 (CHAPTER 369, AB 446)κ
necessary or desirable to carry out the provisions of sections 2 to 23, inclusive, of this act, including but not limited to:
(a) The establishment of reasonable standards consistent with the objectives of sections 2 to 23, inclusive, of this act, to determine eligibility for medical and connected or other services or for other services; and
(b) The determination of the nature and extent of such assistance.
5. Provide for cooperation between the welfare division and the health division of the department of health and welfare, and cooperate with the state board for vocational education, for maximum utilization of health and vocational rehabilitation services in the provision of medical or remedial care under sections 2 to 23, inclusive, of this act.
Sec. 14. 1. State aid to the medically indigent shall be in effect in all of the counties of the state for individuals specified in subsection 2.
2. Any individual is eligible for assistance who:
(a) Qualified for aid or service under chapters 425, 426 or 427 of NRS, including individuals over 65 years of age in state tuberculosis or mental institutions; or
(b) Would qualify under such chapters except for duration of residence, lien requirements or responsible relative requirements; or
(c) Would qualify for aid or service as totally disabled, pursuant to Title XIV of the Social Security Act (42 U.S.C. §§ 1351-1355), if such a program were in effect in this state; or
(d) Is a medically needy child under the age of 21 years as defined by the board.
Sec. 15. 1. All individuals wishing to make application for assistance under sections 2 to 23, inclusive, of this act shall have the opportunity to do so.
2. The application for assistance shall:
(a) Be made as prescribed by the division; and
(b) Provide such information as may be required by the division.
3. An application need not be made under oath, but any individual making such application who willfully states therein as true any material matter which he knows to be false shall be subject to the penalties for perjury as provided by law.
Sec. 16. 1. No enrollment fee, premium or similar charge may be imposed as a condition of any individuals eligibility for state aid to the medically indigent.
2. A recipient may be required to pay for a part of his medical or remedial care, if the division determines that he has available income or property.
Sec. 17. Every individual claiming or receiving assistance who is aggrieved because of the divisions action or failure to act shall be afforded reasonable notice and an opportunity for a fair hearing by the division.
Sec. 18. 1. No relative of an applicant for or recipient of medical or remedial care may be held liable for contributions for the support of such applicant or recipient except as provided in chapter 123 of NRS.
2. Where income is provided by a relative, only such income as is actually furnished to an applicant or recipient by a relative and is not inconsequential or unpredictable may be deemed available to the applicant or recipient for his support.
κ1967 Statutes of Nevada, Page 996 (CHAPTER 369, AB 446)κ
Sec. 19. No lien may be imposed upon the property of any recipient, except pursuant to the judgment of a court arising from benefits received by fraudulent means, and there shall be no adjustment or recovery of payments correctly paid on behalf of any recipient.
Sec. 20. 1. The board shall establish the rates or fee schedules for medical or remedial care to be provided under sections 2 to 23, inclusive, of this act.
2. Such rates or fees shall reflect a reasonable cost for providing medical or remedial care.
3. The division may enter into contracts providing arrangements under which funds available for medical or remedial care under sections 2 to 23, inclusive, of this act shall be administered and disbursed to providers of medical or remedial care in consideration for services rendered and supplies furnished by them in accordance with the provisions of the applicable contract and any schedule of charges or formula for determining payment established pursuant to such contract.
Sec. 21. The division may, during the period of medical care, provide for personal and incidental needs by direct payment to needy recipients.
Sec. 22. 1. For the purpose of restricting the use or disclosure of any information concerning applicants for and recipients of assistance to purposes directly connected to the administration of sections 2 to 23, inclusive, of this act by the division, and to provide safeguards therefor, under the applicable provisions of the Social Security Act, the division is authorized, empowered and directed to establish and enforce reasonable rules and regulations governing the custody, use and preservation of records, files and communications filed with the division.
2. Wherever, under provisions of law or regulations of the division, names and addresses of, or information concerning, applicants for and recipients of assistance are furnished to or held by any other agency or department of government, such agency or department of government shall be bound by the rules and regulations of the division concerning the use of such information.
3. Except for purposes directly connected with the administration of sections 2 to 23, inclusive, of this act, no person may publish, disclose, use or permit or cause to be published, disclosed or used any confidential information pertaining to a recipient of assistance under the provisions of sections 2 to 23, inclusive, of this act.
Sec. 23. Moneys appropriated for the purposes of sections 2 to 23, inclusive, of this act or received from the United States pursuant to Title XIX of the Social Security Act shall be deposited in the Title XIX fund, which is hereby created in the state treasury, and all expenses of administration and provision of medical or remedial care under such sections shall be paid from such fund.
Sec. 24. NRS 450.440 is hereby amended to read as follows:
450.440 1. The board of hospital trustees shall organize a staff of physicians composed of every regular practicing physician in the county in which the hospital is located who meets the standards fixed by the rules and regulations laid down by the board of hospital trustees.
2. The staff shall organize in a manner prescribed by the board so that there shall be a rotation of service among the members of the staff to give proper medical and surgical attention and service to the indigent sick, injured or maimed who may be admitted to the hospital for treatment.
κ1967 Statutes of Nevada, Page 997 (CHAPTER 369, AB 446)κ
to give proper medical and surgical attention and service to the indigent sick, injured or maimed who may be admitted to the hospital for treatment.
3. No member of the staff nor any other physician who attends an indigent patient shall receive any compensation for his services except as otherwise provided in NRS 450.180 [.] or to the extent that medical care is paid for by any governmental authority or any private medical care program.
Sec. 25. 1. During each of the fiscal years commencing July 1, 1967, and ending June 30, 1968, and commencing July 1, 1968, and ending June 30, 1969, each county shall pay to the state a sum of money equal to the amount produced by the countys annual levy of 11 cents ad valorem tax on each $100 of assessed valuation of taxable property in the county (such payment hereinafter being referred to as the county ad valorem contribution). The required remittances shall be made at least quarterly to the state treasurer, who shall deposit the same in the Title XIX fund.
2. At the end of each fiscal year, after payment of all costs for state aid to the medically indigent, including costs of administration, any moneys remaining in the Title XIX fund deposited pursuant to subsection 1 shall be paid to the counties pursuant to the following formula:
(a) Counties which received less money from the Title XIX fund during the fiscal year for assistance to their medically indigent than their respective county ad valorem contributions shall have priority claims on the moneys in the Title XIX fund up to the amount of difference between their county ad valorem contributions and the cost of assistance in their respective counties. The amount of such priority claim equals the difference between the amount of the county ad valorem contribution and the amount of assistance received in each county divided by the total difference between assistance received and county ad valorem contributions of all counties, the quotient to be multiplied by the amount of moneys to be paid.
(b) Any moneys remaining in the Title XIX fund after the payments are made as provided in paragraph (a) of this subsection shall be paid to the counties in the proportion that the county ad valorem contribution of each county bears to the total amount of the county ad valorem contributions of all the counties to the Title XIX fund.
Sec. 26. NRS 425.195, 426.115, 427.155, and 427.290 to 427.500, inclusive, are repealed effective January 1, 1968, and all moneys made available by the state then in the aid to dependent children medical and remedial care fund, the aid to the blind medical and remedial care fund and the old-age assistance medical and remedial care fund shall be transferred to the general fund in the state treasury.
Sec. 27. Except as provided in section 26, this act shall become effective on July 1, 1967.
________
κ1967 Statutes of Nevada, Page 998κ
Assembly Bill No. 464Committee on Judiciary
CHAPTER 370
AN ACT to repeal chapter 114 of NRS, relating to partition fences.
[Approved April 14, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 114 of NRS is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 50Committee on Taxation
CHAPTER 371
AN ACT to amend Title 32 of NRS, relating to revenue and taxation, by adding a new chapter adopting the Multistate Tax Compact; and providing other matters properly relating thereto.
[Approved April 14, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. The Multistate Tax Compact is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows:
Article I. Purposes
The purposes of this compact are to:
1. Facilitate proper determination of State and local tax liability of multistate taxpayers, including the equitable apportionment of tax bases and settlement of apportionment disputes.
2. Promote uniformity or compatibility in significant components of tax systems.
3. Facilitate taxpayer convenience and compliance in the filing of tax returns and in other phases of tax administration.
4. Avoid duplicative taxation.
Article II. Definitions
As used in this compact:
1. State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any Territory or Possession of the United States.
2. Subdivision means any governmental unit or special district of a State.
3. Taxpayer means any corporation, partnership, firm, association, governmental unit or agency or person acting as a business entity in more than one State.
κ1967 Statutes of Nevada, Page 999 (CHAPTER 371, SB 50)κ
governmental unit or agency or person acting as a business entity in more than one State.
4. Income tax means a tax imposed on or measured by net income including any tax imposed on or measured by an amount arrived at by deducting expenses from gross income, one or more forms of which expenses are not specifically and directly related to particular transactions.
5. Capital stock tax means a tax measured in any way by the capital of a corporation considered in its entirety.
6. Gross receipts tax means a tax, other than a sales tax, which is imposed on or measured by the gross volume of business, in terms of gross receipts or in other terms, and in the determination of which no deduction is allowed which would constitute the tax an income tax.
7. Sales tax means a tax imposed with respect to the transfer for a consideration of ownership, possession or custody of tangible personal property or the rendering of services measured by the price of the tangible personal property transferred or services rendered and which is required by State or local law to be separately stated from the sales price by the seller, or which is customarily separately stated from the sales price, but does not include a tax imposed exclusively on the sale of a specifically identified commodity or article or class of commodities or articles.
8. Use tax means a nonrecurring tax, other than a sales tax, which (a) is imposed on or with respect to the exercise or enjoyment of any right or power over tangible personal property incident to the ownership, possession or custody of that property or the leasing of that property from another including any consumption, keeping, retention, or other use of tangible person property and (b) is complementary to a sales tax.
9. Tax means an income tax, capital stock tax, gross receipts tax, sales tax, use tax, and any other tax which has a multistate impact, except that the provisions of Articles III, IV and V of this compact shall apply only to the taxes specifically designated therein and the provisions of Article IX of this compact shall apply only in respect to determinations pursuant to Article IV.
Article III. Elements of Income Tax Laws
Taxpayer Option, State and Local Taxes
1. Any taxpayer subject to an income tax whose income is subject to apportionment and allocation for tax purposes pursuant to the laws of a party State or pursuant to the laws of subdivisions in two or more party States may elect to apportion and allocate his income in the manner provided by the laws of such State or by the laws of such States and subdivisions without reference to this compact, or may elect to apportion and allocate in accordance with Article IV. This election for any tax year may be made in all party States or subdivisions thereof or in any one or more of the party States or subdivisions thereof without reference to the election made in the others. For the purposes of this paragraph, taxes imposed by subdivisions shall be considered separately from state taxes and the apportionment and allocation also may be applied to the entire tax base. In no instance wherein Article IV is employed for all subdivisions of a State may the sum of all apportionments and allocations to subdivisions within a State be greater than the apportionment and allocation that would be assignable to the State if the apportionment or allocation were being made with respect to a State income tax.
κ1967 Statutes of Nevada, Page 1000 (CHAPTER 371, SB 50)κ
subdivisions of a State may the sum of all apportionments and allocations to subdivisions within a State be greater than the apportionment and allocation that would be assignable to the State if the apportionment or allocation were being made with respect to a State income tax.
Taxpayer Option, Short Form
2. Each party State or any subdivision thereof which imposes an income tax shall provide by law that any taxpayer required to file a return, whose only activities within the taxing jurisdiction consist of sales and do not include owning or renting real estate or tangible personal property, and whose dollar volume of gross sales made during the tax year within the State or subdivision, as the case may be, is not in excess of $100,000 may elect to report and pay any tax due on the basis of a percentage of such volume, and shall adopt rates which shall produce a tax which reasonably approximates the tax otherwise due. The Multistate Tax Commission, not more than once in five years, may adjust the $100,000 figure in order to reflect such changes as may occur in the real value of the dollar, and such adjusted figure, upon adoption by the Commission, shall replace the $100,000 figure specifically provided herein. Each party State and subdivision thereof may make the same election available to taxpayers additional to those specified in this paragraph.
Coverage
3. Nothing in this Article relates to the reporting or payment of any tax other than an income tax.
Article IV. Division of Income
1. As used in this Article, unless the context otherwise requires:
(a) Business income means income arising from transactions and activity in the regular course of the taxpayers trade or business and includes income from tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts of the taxpayers regular trade or business operations.
(b) Commercial domicile means the principal place from which the trade or business of the taxpayer is directed or managed.
(c) Compensation means wages, salaries, commissions and any other form of remuneration paid to employees for personal services.
(d) Financial organization means any bank, trust company, savings bank, industrial bank, land bank, safe deposit company, private banker, savings and loan association, credit union, cooperative bank, small loan company, sales finance company, investment company, or any type of insurance company.
(e) Nonbusiness income means all income other than business income.
(f) Public utility means any business entity (1) which owns or operates any plant, equipment, property, franchise, or license for the transmission of communications, transportation of goods or persons, except by pipe line, or the production, transmission, sale, delivery, or furnishing of electricity, water or steam; and (2) whose rates of charges for goods or services have been established or approved by a Federal, State or local government or governmental agency.
κ1967 Statutes of Nevada, Page 1001 (CHAPTER 371, SB 50)κ
for goods or services have been established or approved by a Federal, State or local government or governmental agency.
(g) Sales means all gross receipts of the taxpayer not allocated under paragraphs of this Article.
(h) State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any Territory or Possession of the United States, and any foreign country or political subdivision thereof.
(i) This State means the State in which the relevant tax return is filed or, in the case of application of this Article to the apportionment and allocation of income for local tax purposes, the subdivision or local taxing district in which the relevant tax return is filed.
2. Any taxpayer having income from business activity which is taxable both within and without this State, other than activity as a financial organization or public utility or the rendering of purely personal services by an individual, shall allocate and apportion his net income as provided in this Article. If a taxpayer has income from business activity as a public utility but derives the greater percentage of his income from activities subject to this Article, the taxpayer may elect to allocate and apportion his entire net income as provided in this Article.
3. For purposes of allocation and apportionment of income under this Article, a taxpayer is taxable in another State if (1) in that State he is subject to a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of doing business, or a corporate stock tax, or (2) that State has jurisdiction to subject the taxpayer to a net income tax regardless of whether, in fact, the State does or does not.
4. Rents and royalties from real or tangible personal property, capital gains, interest, dividends or patent or copyright royalties, to the extent that they constitute nonbusiness income, shall be allocated as provided in paragraphs 5 through 8 of this Article.
5. (a) Net rents and royalties from real property located in this State are allocable to this State.
(b) Net rents and royalties from tangible personal property are allocable to this State: (1) if and to the extent that the property is utilized in this State, or (2) in their entirety if the taxpayers commercial domicile is in this State and the taxpayer is not organized under the laws of or taxable in the State in which the property is utilized.
(c) The extent of utilization of tangible personal property in a State is determined by multiplying the rents and royalties by a fraction, the numerator of which is the number of days of physical location of the property in the State during the rental or royalty period in the taxable year and the denominator of which is the number of days of physical location of the property everywhere during all rental or royalty periods in the taxable year. If the physical location of the property during the rental or royalty period is unknown or unascertainable by the taxpayer, tangible personal property is utilized in the State in which the property was located at the time the rental or royalty payer obtained possession.
6. (a) Capital gains and losses from sales of real property located in this State are allocable to this State.
(b) Capital gains and losses from sales of tangible personal property are allocable to this State if (1) the property had a situs in this State at the time of the sale, or (2) the taxpayers commercial domicile is in this State and the taxpayer is not taxable in the State in which the property had a situs.
κ1967 Statutes of Nevada, Page 1002 (CHAPTER 371, SB 50)κ
are allocable to this State if (1) the property had a situs in this State at the time of the sale, or (2) the taxpayers commercial domicile is in this State and the taxpayer is not taxable in the State in which the property had a situs.
(c) Capital gains and losses from sales of intangible personal property are allocable to this State if the taxpayers commercial domicile is in this State.
7. Interest and dividends are allocable to this State if the taxpayers commercial domicile is in this State.
8. (a) Patent and copyright royalties are allocable to this State: (1) if and to the extent that the patent or copyright is utilized by the payer in this State, or (2) if and to the extent that the patent copyright is utilized by the payer in a State in which the taxpayer is not taxable and the taxpayers commercial domicile is in this State.
(b) A patent is utilized in a State to the extent that it is employed in production, fabrication, manufacturing, or other processing in the State or to the extent that a patented product is produced in the State. If the basis of receipts from patent royalties does not permit allocation to States or if the accounting procedures do not reflect States of utilization, the patent is utilized in the State in which the taxpayers commercial domicile is located.
(c) A copyright is utilized in a State to the extent that printing or other publication originates in the State. If the basis of receipts from copyright royalties does not permit allocation to States or if the accounting procedures do not reflect States of utilization, the copyright is utilized in the State in which the taxpayers commercial domicile is located.
9. All business income shall be apportioned to this State by multiplying the income by a fraction, the numerator of which is the property factor plus the payroll factor plus the sales factor, and the denominator of which is three.
10. The property factor is a fraction, the numerator of which is the average value of the taxpayers real and tangible personal property owned or rented and used in this State during the tax period and the denominator of which is the average value of all the taxpayers real and tangible personal property owned or rented and used during the tax period.
11. Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals.
12. The average value of property shall be determined by averaging the values at the beginning and ending of the tax period but the tax administrator may require the averaging of monthly values during the tax period if reasonably required to reflect properly the average value of the taxpayers property.
13. The payroll factor is a fraction, the numerator of which is the total amount paid in this State during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period.
14. Compensation is paid in this State if:
κ1967 Statutes of Nevada, Page 1003 (CHAPTER 371, SB 50)κ
(a) the individuals service is performed entirely within the State;
(b) the individuals service is performed both within and without the State, but the service performed without the State is incidental to the individuals service within the State; or
(c) some of the service is performed in the State and (1) the base of operations or, if there is no base of operations, the place from which the service is directed or controlled is in the State, or (2) the base of operations or the place from which the service is directed or controlled is not in any State in which some part of the service is performed, but the individuals residence is in this State.
15. The sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this State during the tax period, and the denominator of which is the total sales of the taxpayer everywhere during the tax period.
16. Sales of tangible personal property are in this State if:
(a) the property is delivered or shipped to a purchaser, other than the United States Government, within this State regardless of the f.o.b. point or other conditions of the sale; or
(b) the property is shipped from an office, store, warehouse, factory, or other place of storage in this State and (1) the purchaser is the United States Government or (2) the taxpayer is not taxable in the State of the purchaser.
17. Sales, other than sales of tangible personal property, are in this State if:
(a) the income-producing activity is performed in this State; or
(b) the income-producing activity is performed both in and outside this State and a greater proportion of the income-producing activity is performed in this State than in any other State, based on costs of performance.
18. If the allocation and apportionment provisions of this Article do not fairly represent the extent of the taxpayers business activity in this State, the taxpayer may petition for or the tax administrator may require, in respect to all or any part of the taxpayers business activity, if reasonable:
(a) separate accounting;
(b) the exclusion of any one or more of the factors;
(c) the inclusion of one or more additional factors which will fairly represent the taxpayers business activity in this State; or
(d) the employment of any other method to effectuate an equitable allocation and apportionment of the taxpayers income.
Article V. Elements of Sales and Use Tax Laws
Tax Credit
1. Each purchaser liable for a use tax on tangible personal property shall be entitled to full credit for the combined amount or amounts of legally imposed sales or use taxes paid by him with respect to the same property to another State and any subdivision thereof. The credit shall be applied first against the amount of any use tax due the State, and any unused portion of the credit shall then be applied against the amount of any use tax due a subdivision.
κ1967 Statutes of Nevada, Page 1004 (CHAPTER 371, SB 50)κ
Exemption Certificates, Vendors May Rely
2. Whenever a vendor receives and accepts in good faith from a purchaser a resale or other exemption certificate or other written evidence of exemption authorized by the appropriate State or subdivision taxing authority, the vendor shall be relieved of liability for a sales or use tax with respect to the transaction.
Article VI. The Commission
Organization and Management
1. (a) The Multistate Tax Commission is hereby established. It shall be composed of one member from each party State who shall be the head of the State agency charged with the administration of the types of taxes to which this compact applies. If there is more than one such agency the State shall provide by law for the selection of the Commission member from the heads of the relevant agencies. State law may provide that a member of the Commission be represented by an alternate but only if there is on file with the Commission written notification of the designation and identity of the alternate. The Attorney General of each party State or his designee, or other counsel if the laws of the party State specifically provide, shall be entitled to attend the meetings of the Commission, but shall not vote. Such Attorneys General, designees, or other counsel shall receive all notices of meetings required under paragraph 1(e) of this Article.
(b) Each party State shall provide by law for the selection of representatives from its subdivisions affected by this compact to consult with the Commission member from that State.
(c) Each member shall be entitled to one vote. The Commission shall not act unless a majority of the members are present, and no action shall be binding unless approved by a majority of the total number of members.
(d) The Commission shall adopt an official seal to be used as it may provide.
(e) The Commission shall hold an annual meeting and such other regular meetings as its bylaws may provide and such special meetings as its Executive Committee may determine. The Commission bylaws shall specify the dates of the annual and any other regular meetings, and shall provide for the giving of notice of annual, regular and special meetings. Notices of special meetings shall include the reasons therefor and an agenda of the items to be considered.
(f) The Commission shall elect annually, from among its members, a Chairman, a Vice Chairman and a Treasurer. The Commission shall appoint an Executive Director who shall serve at its pleasure, and it shall fix his duties and compensation. The Executive Director shall be Secretary of the Commission. The Commission shall make provision for the bonding of such of its officers and employees as it may deem appropriate.
(g) Irrespective of the civil service, personnel or other merit system laws of any party State, the Executive Director shall appoint or discharge such personnel as may be necessary for the performance of the functions of the Commission and shall fix their duties and compensation.
κ1967 Statutes of Nevada, Page 1005 (CHAPTER 371, SB 50)κ
functions of the Commission and shall fix their duties and compensation. The Commission bylaws shall provide for personnel policies and programs.
(h) The Commission may borrow, accept or contract for the services of personnel from any State, the United States, or any other governmental entity.
(i) The Commission may accept for any of its purposes and functions any and all donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any governmental entity, and may utilize and dispose of the same.
(j) The Commission may establish one or more offices for the transacting of its business.
(k) The Commission shall adopt bylaws for the conduct of its business. The Commission shall publish its bylaws in convenient form, and shall file a copy of the bylaws and any amendments thereto with the appropriate agency or officer in each of the party States.
(l) The Commission annually shall make to the Governor and legislature of each party State a report covering its activities for the preceding year. Any donation or grant accepted by the Commission or services borrowed shall be reported in the annual report of the Commission, and shall include the nature, amount and conditions, if any, of the donation, gift, grant or services borrowed and the identity of the donor or lender. The Commission may make additional reports as it may deem desirable.
Committees
2. (a) To assist in the conduct of its business when the full Commission is not meeting, the Commission shall have an Executive Committee of seven members, including the Chairman, Vice Chairman, Treasurer and four other members elected annually by the Commission. The Executive Committee, subject to the provisions of this compact and consistent with the policies of the Commission, shall function as provided in the bylaws of the Commission.
(b) The Commission may establish advisory and technical committees, membership on which may include private persons and public officials, in furthering any of its activities. Such committees may consider any matter of concern to the Commission, including problems of special interest to any party State and problems dealing with particular types of taxes.
(c) The Commission may establish such additional committees as its bylaws may provide.
Powers
3. In addition to powers conferred elsewhere in this compact, the Commission shall have power to:
(a) Study State and local tax systems and particular types of State and local taxes.
(b) Develop and recommend proposals for an increase in uniformity or compatibility of State and local tax laws with a view toward encouraging the simplification and improvement of State and local tax law and administration.
κ1967 Statutes of Nevada, Page 1006 (CHAPTER 371, SB 50)κ
(c) Compile and publish information as in its judgment would assist the party States in implementation of the compact and taxpayers in complying with State and local tax laws.
(d) Do all things necessary and incidental to the administration of its functions pursuant to this compact.
Finance
4. (a) The Commission shall submit to the Governor or designated officer or officers of each party State a budget of its estimated expenditures for such period as may be required by the laws of that State for presentation to the legislature thereof.
(b) Each of the Commissions budgets of estimated expenditures shall contain specific recommendations of the amounts to be appropriated by each of the party States. The total amount of appropriations requested under any such budget shall be apportioned among the party States as follows: one-tenth in equal shares; and the remainder in proportion to the amount of revenue collected by each party State and its subdivisions from income taxes, capital stock taxes, gross receipts taxes, sales and use taxes. In determining such amounts, the Commission shall employ such available public sources of information as, in its judgment, present the most equitable and accurate comparisons among the party States. Each of the Commissions budgets of estimated expenditures and requests for appropriations shall indicate the sources used in obtaining information employed in applying the formula contained in this paragraph.
(c) The Commission shall not pledge the credit of any party State. The Commission may meet any of its obligations in whole or in part with funds available to it under paragraph (1)(i) of this Article: provided that the Commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the Commission makes use of funds available to it under paragraph 1(i), the Commission shall not incur any obligation prior to the allotment of funds by the party States adequate to meet the same.
(d) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Commission.
(e) The accounts of the Commission shall be open at any reasonable time for inspection by duly constituted officers of the party States and by any persons authorized by the Commission.
(f) Nothing contained in this Article shall be construed to prevent Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Commission.
Article VII. Uniform Regulations and Forms
1. Whenever any two or more party States, or subdivisions of party States, have uniform or similar provisions of law relating to an income tax, capital stock tax, gross receipts tax, sales or use tax, the Commission may adopt uniform regulations for any phase of the administration of such law, including assertion of jurisdiction to tax, or prescribing uniform tax forms.
κ1967 Statutes of Nevada, Page 1007 (CHAPTER 371, SB 50)κ
tax, capital stock tax, gross receipts tax, sales or use tax, the Commission may adopt uniform regulations for any phase of the administration of such law, including assertion of jurisdiction to tax, or prescribing uniform tax forms. The Commission may also act with respect to the provisions of Article IV of this compact.
2. Prior to the adoption of any regulation, the Commission shall:
(a) As provided in its bylaws, hold at least one public hearing on due notice to all affected party States and subdivisions thereof and to all taxpayers and other persons who have made timely request of the Commission for advance notice of its regulation-making proceedings.
(b) Afford all affected party States and subdivisions and interested persons an opportunity to submit relevant written data and views, which shall be considered fully by the Commission.
3. The Commission shall submit any regulations adopted by it to the appropriate officials of all party States and subdivisions to which they might apply. Each such State and subdivision shall consider any such regulation for adoption in accordance with its own laws and procedures.
Article VIII. Interstate Audits
1. This Article shall be in force only in those party States that specifically provide therefor by statute.
2. Any party State or subdivision thereof desiring to make or participate in an audit of any accounts, books, papers, records or other documents may request the Commission to perform the audit on its behalf. In responding to the request, the Commission shall have access to and may examine, at any reasonable time, such accounts, books, papers, records, and other documents and any relevant property or stock of merchandise. The Commission may enter into agreements with party States or their subdivisions for assistance in performance of the audit. The Commission shall make charges, to be paid by the State or local government or governments for which it performs the service, for any audits performed by it in order to reimburse itself for the actual costs incurred in making the audit.
3. The Commission may require the attendance of any person within the State where it is conducting an audit or part thereof at a time and place fixed by it within such State for the purpose of giving testimony with respect to any account, book, paper, document, other record, property or stock of merchandise being examined in connection with the audit. If the person is not within the jurisdiction, he may be required to attend for such purpose at any time and place fixed by the Commission within the State of which he is a resident: provided that such State has adopted this Article.
4. The Commission may apply to any court having power to issue compulsory process for orders in aid of its powers and responsibilities pursuant to this Article and any and all such courts shall have jurisdiction to issue such orders. Failure of any person to obey any such order shall be punishable as contempt of the issuing court. If the party or subject matter on account of which the Commission seeks an order is within the jurisdiction of the court to which application is made, such application may be to a court in the State or subdivision on behalf of which the audit is being made or a court in the State in which the object of the order being sought is situated.
κ1967 Statutes of Nevada, Page 1008 (CHAPTER 371, SB 50)κ
application may be to a court in the State or subdivision on behalf of which the audit is being made or a court in the State in which the object of the order being sought is situated. The provisions of this paragraph apply only to courts in a State that has adopted this Article.
5. The Commission may decline to perform any audit requested if it finds that its available personnel or other resources are insufficient for the purpose or that, in the terms requested, the audit is impracticable of satisfactory performance. If the Commission, on the basis of its experience, has reason to believe that an audit of a particular taxpayer, either at a particular time or on a particular schedule, would be of interest to a number of party States or their subdivisions, it may offer to make the audit or audits, the offer to be contingent on sufficient participation therein as determined by the Commission.
6. Information obtained by any audit pursuant to this Article shall be confidential and available only for tax purposes to party States, their subdivisions or the United States. Availability of information shall be in accordance with the laws of the States or subdivisions on whose account the Commission performs the audit, and only through the appropriate agencies or officers of such States or subdivisions. Nothing in this Article shall be construed to require any taxpayer to keep records for any period not otherwise required by law.
7. Other arrangements made or authorized pursuant to law for cooperative audit by or on behalf of the party States or any of their subdivisions are not superseded or invalidated by this Article.
8. In no event shall the Commission make any charge against a taxpayer for an audit.
9. As used in this Article, tax, in addition to the meaning ascribed to it in Article II, means any tax or license fee imposed in whole or in part for revenue purposes.
Article IX. Arbitration
1. Whenever the Commission finds a need for settling disputes concerning apportionments and allocations by arbitration, it may adopt a regulation placing this Article in effect, notwithstanding the provisions of Article VII.
2. The Commission shall select and maintain an Arbitration Panel composed of officers and employees of State and local governments and private persons who shall be knowledgeable and experienced in matters of tax law and administration.
3. Whenever a taxpayer who has elected to employ Article IV, or whenever the laws of the party State or subdivision thereof are substantially identical with the relevant provisions of Article IV, the taxpayer, by written notice to the Commission and to each party State or subdivision thereof that would be affected, may secure arbitration of an apportionment or allocation, if he is dissatisfied with the final administrative determination of the tax agency of the State or subdivision with respect thereto on the ground that it would subject him to double or multiple taxation by two or more party States or subdivisions thereof. Each party State and subdivision thereof hereby consents to the arbitration as provided herein, and agrees to be bound thereby.
κ1967 Statutes of Nevada, Page 1009 (CHAPTER 371, SB 50)κ
4. The Arbitration Board shall be composed of one person selected by the taxpayer, one by the agency or agencies involved, and one member of the Commissions Arbitration Panel. If the agencies involved are unable to agree on the person to be selected by them, such person shall be selected by lot from the total membership of the Arbitration Panel. The two persons selected for the Board in the manner provided by the foregoing provisions of this paragraph shall jointly select the third member of the Board. If they are unable to agree on the selection, the third member shall be selected by lot from among the total membership of the Arbitration Panel. No member of a Board selected by lot shall be qualified to serve if he is an officer or employee or is otherwise affiliated with any party to the arbitration proceeding. Residence within the jurisdiction of a party to the arbitration proceeding shall not constitute affiliation within the meaning of this paragraph.
5. The Board may sit in any State or subdivision party to the proceeding, in the State of the taxpayers incorporation, residence or domicile, in any State where the taxpayer does business, or in any place that it finds most appropriate for gaining access to evidence relevant to the matter before it.
6. The Board shall give due notice of the times and places of its hearings. The parties shall be entitled to be heard, to present evidence, and to examine and cross-examine witnesses. The Board shall act by majority vote.
7. The Board shall have power to administer oaths, take testimony, subpoena and require the attendance of witnesses and the production of accounts, books, papers, records, and other documents, and issue commissions to take testimony. Subpoenas may be signed by any member of the Board. In case of failure to obey a subpoena, and upon application by the Board, any judge of a court of competent jurisdiction of the State in which the Board is sitting or in which the person to whom the subpoena is directed may be found may make an order requiring compliance with the subpoena, and the court may punish failure to obey the order as a contempt. The provisions of this paragraph apply only in States that have adopted this Article.
8. Unless the parties otherwise agree the expenses and other costs of the arbitration shall be assessed and allocated among the parties by the Board in such manner as it may determine. The Commission shall fix a schedule of compensation for members of Arbitration Boards and of other allowable expenses and costs. No officer or employee of a State or local government who serves as a member of a Board shall be entitled to compensation therefor unless he is required on account of his service to forego the regular compensation attaching to his public employment, but any such Board member shall be entitled to expenses.
9. The Board shall determine the disputed apportionment or allocation and any matters necessary thereto. The determinations of the Board shall be final for purposes of making the apportionment or allocation, but for no other purpose.
10. The Board shall file with the Commission and with each tax agency represented in the proceeding: the determination of the Board; the Boards written statement of its reasons therefor; the record of the Boards proceedings; and any other documents required by the arbitration rules of the Commission to be filed.
κ1967 Statutes of Nevada, Page 1010 (CHAPTER 371, SB 50)κ
Boards proceedings; and any other documents required by the arbitration rules of the Commission to be filed.
11. The Commission shall publish the determinations of Boards together with the statements of the reasons therefor.
12. The Commission shall adopt and publish rules of procedure and practice and shall file a copy of such rules and of any amendment thereto with the appropriate agency or officer in each of the party States.
13. Nothing contained herein shall prevent at any time a written compromise of any matter or matters in dispute, if otherwise lawful, by the parties to the arbitration proceeding.
Article X. Entry Into Force and Withdrawal
1. This compact shall enter into force when enacted into law by any seven States. Thereafter, this compact shall become effective as to any other State upon its enactment thereof. The Commission shall arrange for notification of all party States whenever there is a new enactment of the compact.
2. Any party State may withdraw from this compact by enacting a statute repealing the same. No withdrawal shall affect any liability already incurred by or chargeable to a party State prior to the time of such withdrawal.
3. No proceeding commenced before an Arbitration Board prior to the withdrawal of a State and to which the withdrawing State or any subdivision thereof is a party shall be discontinued or terminated by the withdrawal, nor shall the Board thereby lose jurisdiction over any of the parties to the proceeding necessary to make a binding determination therein.
Article XI. Effect on Other Laws and Jurisdiction
Nothing in this compact shall be construed to:
(a) Affect the power of any State or subdivision thereof to fix rates of taxation, except that a party State shall be obligated to implement Article III 2 of this compact.
(b) Apply to any tax or fixed fee imposed for the registration of a motor vehicle or any tax on motor fuel, other than a sales tax: provided that the definition of tax in Article VIII 9 may apply for the purposes of that Article and the Commissions powers of study and recommendation pursuant to Article VI 3 may apply.
(c) Withdraw or limit the jurisdiction of any State or local court or administrative officer or body with respect to any person, corporation or other entity or subject matter, except to the extent that such jurisdiction is expressly conferred by or pursuant to this compact upon another agency or body.
(d) Supersede or limit the jurisdiction of any court of the United States.
Article XII. Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any State or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby.
κ1967 Statutes of Nevada, Page 1011 (CHAPTER 371, SB 50)κ
be contrary to the constitution of any State or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any State participating therein, the compact shall remain in full force and effect as to the remaining party States and in full force and effect as to the State affected as to all severable matters.
Sec. 3. The governor shall appoint the member of the Multistate Tax Commission to represent this state, from among the persons made eligible by Article VI 1(a) of the compact.
Sec. 4. The member representing this state on the Multistate Tax Commission may be represented thereon by an alternate designated by him. Any such alternate shall be a principal deputy or assistant of the member of the commission in the agency which the member heads.
Sec. 5. The governor, after consultation with representatives of local governments, shall appoint three persons who are representative of subdivisions affected or likely to be affected by the Multistate Tax Compact. The member of the commission representing this state, and any alternate designated by him, shall consult regularly with these appointees, in accordance with Article VI 1(b) of the compact.
Sec. 6. There is hereby established the Multistate Tax Compact advisory committee composed of the member of the Multistate Tax Commission representing this state, any alternate designated by him, the attorney general or his designee, and two members of the senate, appointed by the president thereof and two members of the assembly, appointed by the speaker thereof. The chairman shall be the member of the commission representing this state. The committee shall meet on the call of its chairman or at the request of a majority of its members, but in any event it shall meet not less than three times in each year. The committee may consider any and all matters relating to recommendations of the Multistate Tax Commission and the activities of the members in representing this state thereon.
Sec. 7. Article VIII of the Multistate Tax Compact relating to interaudits shall be in force in and with respect to this state.
________
κ1967 Statutes of Nevada, Page 1012κ
Senate Bill No. 311Clark County Delegation
CHAPTER 372
AN ACT dissolving and abolishing Clark County Sanitation District No. 2 and annexing the area therein to Clark County Sanitation District No. 1; concerning the debts, obligations, liabilities, duties, privileges, powers, disabilities, immunities and rights of each district, including provisions concerning the sanitary sewer system of each district, the facilities appertaining thereto, and provisions for the continued operation and maintenance of each system, and including provisions concerning outstanding bonds and other obligations of each district, and the refunding of such bonds by Clark County Sanitation District No. 1; relating to taxes and other revenues for the payment of such bonds, including refunding bonds, and to pledges, liens, other moneys and properties appertaining thereto; and providing other matters properly relating thereto.
[Approved April 14, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Clark County Sanitation District No. 2, in the county of Clark and State of Nevada, is dissolved and abolished; and the area formerly comprising the district is annexed to and by this act is made a part of Clark County Sanitation District No. 1, in Clark County.
Sec. 2. Clark County Sanitation District No. 1 by this act succeeds to the debts, except bonded indebtedness, and to the other obligations and liabilities, duties, privileges, powers, disabilities, immunities and rights of Clark County Sanitation District No. 2.
Sec. 3. Clark County Sanitation District No. 1 shall operate and maintain the public sanitary sewer system with collection lines, mains, outfall lines, equipment, rights-of-way, easements and other appurtenant facilities of Clark County Sanitation District No. 2 separately from the operation and maintenance of the facilities comprising the public sanitary sewer system of Clark County Santation District No. 1 immediately prior to the effective date of this act, including without limitation a separate accounting of assets and liabilities appertaining to each system, separate budgets appertaining thereto, and a separate schedule of rates, tolls and charges appertaining to each system, so as to avoid any impairment of the obligation of contracts of Clark County Sanitation District No. 1 and Clark County Sanitation District No. 2 existing immediately prior to the effective date of this act, until such obligations are terminated, including without limitation making provision for the payment in full of outstanding bonds and any other monetary obligations in accordance with the terms of the respective contracts appertaining thereto or as may be agreed upon among the parties to such contracts. Such public sanitary sewer systems may be consolidated, and operated and maintained as a single system whenever Clark County Sanitation District No. 1 can do so without any impairment of the obligation of contracts.
Sec. 4. Bonds outstanding on the effective date of this act of both Clark County Sanitation District No. 1 and Clark County Sanitation District No. 2, respectively, shall continue to be paid in accordance with the terms of the contracts appertaining to such bonds. Any general (ad valorem) taxes for their payment shall be levied against all taxable property located only in the area comprising the district issuing the bonds as it existed immediately prior to the effective date of this act.
κ1967 Statutes of Nevada, Page 1013 (CHAPTER 372, SB 311)κ
Sec. 5. Any bonds, including without limitation any revenue bonds, outstanding on the effective date of this act and issued by either district may be refunded by Clark County Sanitation District No. 1 by the issuance of its general obligation bonds, the payment of which may be additionally secured by a pledge of and lien on the net revenues of the consolidated system or any part thereof as provided in the resolution or other proceedings authorizing the issuance of the refunding bonds, even though by such refunding there may be modified the revenue sources for the payment of the bonds, the pledges of and liens on such revenues to secure the payment of the bonds, and the taxable property subject to the levy of general (ad valorem) taxes for the payment of bonds and resulting from the changes in boundaries made by this act, or otherwise, or any combination of such factors. Except as otherwise expressly provided in this act, any such refunding bonds shall be issued as provided by the Local Government Securities Law.
Sec. 6. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the Local Government Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 7. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 8. This act shall become effective upon passage and approval.
________
Senate Bill No. 250Committee on Commerce
CHAPTER 373
AN ACT relating to building, savings and loan associations; to amend chapter 673 of NRS relating to definitions of terms, branch offices, officers, directors and employees, powers of state associations, stocks, shares and surpluses, investments and borrowing, appraisals, loans and withdrawals; and providing other matters properly relating thereto.
[Approved April 14, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 673.006 is hereby amended to read as follows:
673.006 Direct-reduction loan means a loan repayable in consecutive monthly installments, equal or unequal, beginning not later than [90] 60 days after the date of the advance of the loan, sufficient to retire the debt, interest and principal within 30 years; but the initial loan contract shall not provide for any subsequent monthly installment of any amount more than 50 percent larger than any previous monthly installment.
κ1967 Statutes of Nevada, Page 1014 (CHAPTER 373, SB 250)κ
amount more than 50 percent larger than any previous monthly installment.
Sec. 2. NRS 673.015 is hereby amended to read as follows:
673.015 Improved real estate means real estate on which there is a structure, [which is cultivated, reclaimed, used for the purpose of agriculture in any form, or otherwise occupied, made better, more useful, or of greater value by care so as to produce an enjoyment thereof.] or building lots or sites which, by reason of installations and improvements that have been completed, are building lots or sites ready for building construction thereon.
Sec. 3. NRS 673.112 is hereby amended to read as follows:
673.112 1. A branch office is a legally established place of business of an association, other than the home office, authorized by the board of directors and approved by the commissioner, and at which any and all association business may be conducted.
2. All branch offices shall be subject to direction from the home office.
3. No association may establish or maintain a branch office without prior written approval of the commissioner. Each application for approval of the establishment and maintenance of a branch office shall:
(a) State the proposed location thereof, the need therefor, the functions to be performed therein, the estimated annual expense thereof and the mode of payment therefor.
(b) Be accompanied by a fee of $250, no part of which shall be refunded.
(c) Be accompanied by a budget of the association for the current dividend period and for the next succeeding semiannual period, which reflects the estimated additional expense of the maintenance of such branch office.
4. After receipt of an application the commissioner shall determine:
(a) Whether the establishment and maintenance of the branch office will unduly injure any properly conducted existing association in the community where such branch office is proposed to be established or in any neighboring community; and
(b) Whether or not the establishment and maintenance of the branch office will serve the public interest.
5. If the commissioner finds that no undue injury is likely to result, that the establishment and maintenance of such branch office is advisable and will serve the public interest, he may approve the application.
6. For good cause and after notice to the association, the commissioner may revoke his approval for the maintenance of a branch office. Such revocation may be appealed by the association pursuant to the provisions of NRS 673.047.
7. An association which maintains one or more branch offices shall give each branch office a specific designation by name and include in the designation the word branch and shall prominently display the designation at the place of business of the branch. When an association is operating a branch office or offices, all advertising of or by any such branch office shall state clearly the location of the principal office of such association.
Sec. 4. NRS 673.221 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1015 (CHAPTER 373, SB 250)κ
673.221 1. It is unlawful for an officer, director [or employee] , employee or capital stockholder of an association:
(a) To solicit, accept or agree to accept, directly or indirectly, from any person other than the association, any gratuity, compensation or other personal benefit for any action taken by the association or for endeavoring to procure any such action.
(b) To have any interest, direct or indirect, in the proceeds of a loan or of a purchase or sale made by the association, unless such loan, purchase or sale is authorized expressly by this chapter or by a resolution of the board of directors of the association. Such resolution shall be approved by a vote of at least two-thirds of all the directors of the association, and an interested director shall take no part in the vote.
(c) To have any interest, direct or indirect, in the purchase at less than its face value of any evidence of a savings account or other indebtedness issued by the association [.] , excluding stock certificates and junior capital notes.
2. Any violation of the provisions of subsection 1 is a misdemeanor.
Sec. 5. NRS 673.227 is hereby amended to read as follows:
673.227 An association may purchase or lease property for its office buildings or construct its office buildings on property purchased or leased by it, providing that the total cost of land and improvements does not exceed 70 percent of the sum of the associations capital, surplus and reserves.
Sec. 6. NRS 673.273 is hereby amended to read as follows:
673.273 1. The total permanent stock subscribed and paid plus the total of the surplus, undivided profits and all reserves available for losses shall not at any time be less than 5 percent of the aggregate certificate value of the outstanding investment certificates of the association after the 11th anniversary of the date of insurance of accounts. Such stock surplus, undivided profits and reserves shall be at least equal to the percentage of outstanding investment certificates on each anniversary as stated below:
Date of insurance of accounts........................................................... 3.00 percent
Second anniversary of date of insurance of accounts................... 3.20 percent
Third anniversary of date of insurance of accounts...................... 3.40 percent
Fourth anniversary of date of insurance of accounts.................... 3.60 percent
Fifth anniversary of date of insurance of accounts........................ 3.80 percent
Sixth anniversary of date of insurance of accounts....................... 4.00 percent
Seventh anniversary of date of insurance of accounts................. 4.20 percent
Eighth anniversary of date of insurance of accounts.................... 4.40 percent
Ninth anniversary of date of insurance of accounts...................... 4.60 percent
Tenth anniversary of date of insurance of accounts..................... 4.80 percent
Eleventh anniversary of date of insurance of accounts................ 5.00 percent
2. No dividends shall be declared on permanent stock until the total of the permanent stock, surplus, undivided profits and all reserves available for losses is equal to the percentage required by subsection 1 of the outstanding investment certificates and if payment of such dividends would reduce the capital structure to an amount below such percentage.
κ1967 Statutes of Nevada, Page 1016 (CHAPTER 373, SB 250)κ
outstanding investment certificates and if payment of such dividends would reduce the capital structure to an amount below such percentage.
3. Subject to the provisions of this chapter, permanent stock shall be entitled to the rate of dividend, if earned, fixed by the board of directors.
[4. Stock dividends may be payable out of otherwise unallocated surplus or undivided profits.] Stock dividends may be declared by the board of directors at any time, payable only from otherwise unallocated surplus and undivided profits.
4. No stock dividends shall be declared and paid for any period in which the association has not declared and paid interest upon its withdrawable accounts.
5. The liability of an association on account of any capital notes which are subordinated to all outstanding investment certificates shall be deemed a reserve available for losses for the purposes of subsection 1 and of NRS 673.274, but no dividends shall be declared on permanent stock while any such capital notes are outstanding, without the written permission of the commissioner.
Sec. 7. NRS 673.276 is hereby amended to read as follows:
673.276 1. An association shall have the power to invest in:
(a) Without limit, obligations of, or obligations guaranteed as to principal and interest by, the United States or any state.
(b) Stock of a federal home-loan bank of which it is eligible to be a member.
(c) Any obligations or consolidated obligations of any federal home-loan bank or banks.
(d) Stock or obligations of the Federal Savings and Loan Insurance Corporation.
(e) Stock or obligations of a national mortgage association or any successor or successors thereto.
(f) Demand, time or savings deposits with any bank or trust company, the deposits of which are insured by the Federal Deposit Insurance Corporation.
(g) Stock or obligations of any corporation or agency of the United States or any state, or in deposits therewith to the extent that such corporation or agency assists in furthering or facilitating the associations purposes or powers.
(h) Savings accounts of any insured state-licensed association and of any federal savings and loan association [.] , but each investment in any such other savings and loan association shall be fully insured by the Federal Savings and Loan Insurance Corporation.
(i) Bonds, notes or other evidences of indebtedness which are general obligations of any city, town, county, school district or other municipal corporation or political subdivision of any state.
2. An association may invest any portion of its funds in loans to its borrowing members secured by first lien deeds of trust or mortgages upon real property. Additional loans or advances on the same property, without intervening liens, shall be deemed to be first liens for the purpose of this chapter, but no one loan can be made in excess of 2 percent of the total assets of the association.
3. An association may create loans by investment in real property within 100 miles of its home office, and such investment may include the subdivision and development of such real property principally for residential use.
κ1967 Statutes of Nevada, Page 1017 (CHAPTER 373, SB 250)κ
within 100 miles of its home office, and such investment may include the subdivision and development of such real property principally for residential use. No association shall have investments under this subsection at any time greater than 5 percent of its assets. No investment made pursuant to this subsection may be held by an association for more than 3 years except with the permission of the commissioner.
Sec. 8. NRS 673.319 is hereby amended to read as follows:
673.319 1. The commissioner may require each association to establish and maintain a specific loss reserve for the amount by which the book value of any asset exceeds the commissioners appraisal of such asset.
2. In determining the values of the security properties for a group of loans, the commissioner may use his appraisal of each property or his estimate of the total value of such properties based upon his appraisal of a reasonable sample thereof. If any association contests the validity of the estimate based upon a sample, it may have an appraisal, at its own expense, by an appraiser approved by the commissioner, of all the group from which the sample was drawn, or of a larger sample of the group than was recommended by the commissioner.
3. If the commissioner has directed an association to carry a specific loss reserve on its books, the amount so designated for this purpose by the commissioner cannot be reduced or changed in any manner without his written approval.
4. The provisions of subsections 2 and 3 shall be effective on July 1, 1967, but shall not be applied retroactively.
Sec. 9. NRS 673.325 is hereby amended to read as follows:
673.325 Payments on all monthly installment loans, other than construction loans, insured loans and guaranteed loans, shall begin not later than 60 days after the advance of the loan. Insured loans and guaranteed loans may be repayable upon terms acceptable to the insuring or guaranteeing agency. Monthly payments of principal on any construction loans made on this plan shall begin not later than [12] 18 months after the date of the loan or advance. Interest payments on any construction loans made on this plan shall begin not later than 30 days after the date of the loan or disbursement of any funds.
Sec. 10. NRS 673.326 is hereby amended to read as follows:
673.326 An association may make real property loans for the purpose of construction to eligible members on the straight mortgage plan without amortization of principal but with interest payable at least semiannually; but such loans may be made for an amount not in excess of 80 percent of the value of a home or combination home and business property, or 75 percent of the value of other improved real property, and for a term of not more than 18 months.
Sec. 11. NRS 673.328 is hereby amended to read as follows:
673.328 An association may make loans of the types enumerated in this section on the security of first liens on improved real property only when the resulting aggregate amount of the following investments does not exceed 30 percent of the associations assets:
1. Loans in excess of $50,000, after deducting each part of any such loan if secured by a blanket mortgage, which is apportionable in an amount not exceeding $50,000 to each home or combination of home and business property and residential property which is part of the security or one-fourth of 1 percent of the associations assets, whichever is the greater.
κ1967 Statutes of Nevada, Page 1018 (CHAPTER 373, SB 250)κ
and business property and residential property which is part of the security or one-fourth of 1 percent of the associations assets, whichever is the greater.
2. Loans on improved real property other than homes or combination homes and business property and residential property.
3. Loans on improved real property located outside the regular lending area of the association unless such loans are protected by insurance as provided in the National Housing Act, or the Servicemens Readjustment Act of 1944, as now or hereafter amended.
4. Noninstallment or straight mortgage loans, except construction loans.
5. Loans on one-family, owner-occupied homes, in an amount between 80 percent and 90 percent, inclusive, of the value, providing:
(a) Impounds are collected for taxes and insurance. [; and
(b) There is no secondary financing; and
(c) The loan does not exceed 90 percent of the first $25,000 of value and 80 percent of the additional value; and
(d) The total loan does not exceed $26,500.]
(b) The association has made or obtained, prior to the approval of the loan, a written report on the credit standing of the borrower, showing the financial ability of the borrower to undertake and pay off the obligation involved in the loan.
(c) The association has obtained, prior to approval of the loan, a certification in writing to the association stating:
(1) The purpose for which the loan is sought and, if for the purpose of enabling the borrower to purchase the security property, the name of the vendor or vendors, and the purchase price;
(2) That there will be no liens upon such property other than the lien of the association; and
(3) That the borrower is actually occupying the property as a dwelling or that the borrower in good faith intends to do so.
(d) If the loan is sought for the purpose of enabling a purchaser to acquire the security property, the loan must not exceed 90 percent of so much of the purchase price as does not exceed $25,000 plus 80 percent of so much of such purchase price as exceeds $25,000, or not to exceed 90 percent of so much of the appraised value as does not exceed $25,000 plus 80 percent of so much of the appraised value as exceeds $25,000, whichever is lowest.
(e) If the loan is sought for the purpose of enabling the borrower to refinance the property, the loan must not exceed 90 percent of so much of the appraised value as does not exceed $25,000 plus 80 percent of so much of the appraised value as exceeds $25,000.
(f) If the loan is sought to finance the construction of a single-family dwelling, the amount of such loan as exceeds 80 percent of the appraised value shall not be disbursed until construction has been fully completed.
(g) The total loan does not exceed $26,500.
(h) Loans granted under this chapter will be repayable monthly within 30 years.
(i) The record of each such loan shall show the date and amount of the appraisal on which the loan was made and the date of approval of the loan by the board of directors or the loan committee.
κ1967 Statutes of Nevada, Page 1019 (CHAPTER 373, SB 250)κ
Sec. 12. NRS 673.377 is hereby amended to read as follows:
673.377 [Every association shall have on hand at all times in available funds or bank deposits or United States Government bonds or certificates of insured savings and loan associations or federal home loan evidences of indebtedness or time certificates of federal or state banks or of any indebtedness of any governmental instrumentality a sum not less than 8 percent of the aggregate of share account certificates of members to enable it to pay withdrawals in excess of receipts and to meet accruing expenses.] 1. Every association shall have on hand at all times in available funds, bank deposits, United States Government bonds, certificates of insured savings and loan associations not in excess of the insurable limitations, federal home-loan bank evidences of indebtedness, time certificates of insured federal and state banks or of any indebtedness of any United States Government instrumentality which is by statute fully guaranteed, a sum not less than 5 percent of the aggregate of investment certificates of members to enable it to pay withdrawals in excess of receipts and to meet accruing expenses. The commissioner is authorized to prescribe from time to time different amounts required for liquidity purposes, but such amounts shall not be less than 4 percent or more than 8 percent.
2. No deposit in a bank or association under the control or the possession of appropriate supervisory authority shall be considered as cash. Except deposits in a federal home-loan bank, no time deposit established hereafter, whether time deposit-open account or deposit evidenced by a certificate of deposit, shall be considered as cash for such purposes unless:
(a) Such member itself made the deposit in question;
(b) The deposit, together with all other time deposits of the association in the same bank, does not exceed the greater of one-quarter of 1 percent of such banks total deposits as of the banks last-published statement of condition or $15,000; and
(c) No consideration was received from a third party in connection with the making of the deposit.
3. An association shall not make or purchase any loan, other than advances on the sole security of its savings accounts, at any time when its liquidity drops below the required level. For the purpose of this section, a loan shall be deemed to have been made as of the date the borrower executed the security instrument, and a loan shall be deemed to have been purchased as of the date of the payment therefor.
Sec. 13. Chapter 673 of NRS is hereby amended by adding thereto the provisions set forth as sections 14 to 37, inclusive, of this act.
Sec. 14. Service office means any office or other place of business in this state operated by one or more savings and loan associations other than the principal office or a branch of an association, where activities are confined to processing and storing data and records, accounting, printing, storing of supplies, and such other activities as the commissioner shall approve which involve no personal contact with the public. At a service office, payment on account of savings or loan may be processed, but the association shall have all payments which are initially received at a service office, rather than at the principal office or branch of the association, made by mail only and directed to a post office box and not to the address or location of the service office. The commissioner may require that an associations name not be displayed at or near a service office.
κ1967 Statutes of Nevada, Page 1020 (CHAPTER 373, SB 250)κ
require that an associations name not be displayed at or near a service office.
Sec. 15. Unimproved real property means any real property which has not been improved by installations or improvements for building lots or sites, and on which no structures have been built or placed.
Sec. 16. 1. No association shall open, maintain or conduct a service office without approval from the commissioner.
2. For good cause, and after notice to the association, the commissioner may revoke his approval for the maintenance of a service office.
Sec. 17. 1. The business and affairs of every association shall be managed and controlled by a board of not less than five nor more than 15 directors, of which not more than a minority, but not more than three, may be full-time officers of the association. The persons designated in the articles of incorporation shall be the first directors.
2. Vacancies in the board of directors shall be filled by vote of the members and stockholders at the annual meetings or at a special meeting called for that purpose. The board of directors may fill vacancies occurring on the board, such appointees to serve until the next annual meeting of the members and stockholders.
Sec. 18. No person shall be eligible to serve as a director of an association without the written permission of the commissioner if he:
1. Has been adjudicated a bankrupt or has taken the benefit of any assignment for the benefit of creditors or has suffered a judgment recovered against him for a sum of money to remain unsatisfied of record or not safeguarded by supersedeas bond on appeal for a period of more than 3 months; or
2. Is a director, officer or employee of any other savings and loan association; or
3. Is an officer or employee of a commercial bank in this state; or
4. Is not an investor in such association, owning in his own right or in a representative capacity as an executor, administrator, guardian or trustee stock in the association of the par value of at least $1,000, or full-paid investment certificates in the association of the value of at least $1,000. For the purpose of this chapter, a person who owns stock or investment certificates as a joint tenant with one other person shall be deemed to own, in his own right, one-half of such stock or investment certificates; or
5. Sells or hypothecates all the stock or investment certificates owned by him, or so much thereof that he ceases to be the owner, free from encumbrances, of the amount of stock or investment certificates required by subsection 4.
Sec. 19. If the commissioner notifies the board of directors of any association, in writing, that he has information that any director, officer or employee of such association is failing in the performance of his duties, the board of directors shall meet and consider such matter forthwith. The commissioner shall have notice of the time and place of such meeting. If the board of directors finds the commissioners objection to be well founded, such director, officer or employee shall be removed immediately.
Sec. 20. 1. Any director may be removed from office, if he has become ineligible pursuant to section 19 of this act, by an affirmative vote of two-thirds of the members of the board of directors at any regular meeting of the board of directors or at any special meeting called for that purpose.
κ1967 Statutes of Nevada, Page 1021 (CHAPTER 373, SB 250)κ
vote of two-thirds of the members of the board of directors at any regular meeting of the board of directors or at any special meeting called for that purpose. Such action shall be ratified at the next-succeeding meeting of the stockholders and members.
2. No such vote upon removal of a director shall be taken until he has been advised of the reasons therefor and has had opportunity to submit to the board of directors his statement relative thereto, either oral or written. If the director affected is present at the meeting, he shall retire after his statement has been submitted and prior to the vote upon the matter of his removal.
Sec. 21. Directors and officers of an association shall be deemed to stand in a fiduciary relation to the association and shall discharge the duties of their respective positions in good faith and with that diligence, care and skill which ordinary, prudent men would exercise under similar circumstances in like position.
Sec. 22. The directors of an association shall not charge or receive, directly or indirectly, any pay or emolument for their services as directors. This provision shall not prevent the payment of compensation and expenses to officers of the association who are also directors, nor the payment of compensation and expenses to directors for attendance upon meetings of the board of directors, or for special services performed by directors for the association. All such compensation and expenses shall be approved by the board of directors.
Sec. 23. 1. The board of directors of the association shall elect the officers named in the bylaws of the association, which officers shall serve at the pleasure of the board of directors.
2. The principal officers salaries shall be set by the board of directors.
Sec. 24. 1. The board of directors of each association shall hold a regular meeting at least once each month, at a time to be designated by it in accordance with its bylaws.
2. Special meetings of the board of directors may be held upon notice to each director sufficient to permit his attendance. The president or any three members of the board of directors may call a meeting of the board of directors by giving notice to all of the directors.
3. At any meeting of the board of directors, a majority of the members shall constitute a quorum for the transaction of business.
Sec. 25. Every official communication by the commissioner directed to the board of directors of an association shall be read at the next meeting of the board of directors and made a part of the minutes of such meeting.
Sec. 26. The board of directors, by resolution recorded in the minutes, shall designate an officer whose duty it shall be to prepare and submit, at each regular meeting of the board of directors, a written statement of all the purchases and sales of real estate and securities, and of every loan or contract made or purchased since the last regular meeting of the board of directors, describing the collateral securing such loan. The statement, certified by the designated officer to be correct as of the date of the meeting at which submitted, shall be considered by the board of directors at such meeting and be filed as a part of the minute records.
κ1967 Statutes of Nevada, Page 1022 (CHAPTER 373, SB 250)κ
Sec. 27. An association may provide for pensions, retirement plans and other benefits for its officers and employees, and may contribute to the cost thereof in accordance with the plan adopted by its board of directors.
Sec. 28. The board of directors shall approve the depositary or depositaries for funds of the association.
Sec. 29. 1. No association shall sell, exchange, transfer, pledge, hypothecate or otherwise dispose of or encumber any notes or other obligations held by it, evidencing any loan made or purchased by it, or the mortgages, trust deeds or other security therefor, that has been on the books of the association for 3 years or longer, without the approval of the commissioner. All loans sold shall be sold without recourse and, if under a contract to service the same, then on a basis to provide sufficient compensation to the association to reimburse it for expenses incurred under its service contract.
2. This section does not apply to loans sold in which the association retains a participating interest, nor to loans pledged as security for borrowing as provided in NRS 673.300 and section 31 of this act.
Sec. 30. The power of an association to borrow money and contract debts shall include the power to issue capital notes evidencing such borrowings and to subordinate the same to investment certificates and other liabilities. An association may confer upon the holders of any capital notes, issued or to be issued by the association, such rights to vote in the election of directors and on any other matters as shall be stated and expressed in the articles of incorporation, or in any amendment thereto.
Sec. 31. The aggregate amount of all borrowings of any association in force at any one time, excluding borrowings from the federal home-loan banks, the Federal Savings and Loan Insurance Corporation, or other similar federal agencies, shall not exceed 5 percent of the total assets of the association without the approval of the commissioner.
Sec. 32. Every association shall appraise each parcel of real estate prior to the granting of a loan. The appraisal shall be in ink or typed, be dated and identify the security, specify separate valuations for land and improvements, show the fair market value, and be signed in ink. The appraised value shall be the value of the land and the permanent improvements thereon. If the appraisal covers land only, it shall show that the appraisal covers unimproved land, or covers building lots or sites which by reason of installations and improvements are ready for the construction of buildings thereon. The appraisal shall be reviewed by the board of directors, or by a loan committee designated by the board of directors, in which case all actions of the loan committee shall be affirmed at the next board of directors meeting.
Sec. 33. A reserve for uncollected interest shall be maintained equivalent to all interest which has been due for 90 days or more and which is carried as income on the books of the association.
Sec. 34. 1. No association shall make any loans to a corporation of which a majority of the stock is owned or controlled individually or collectively by any one or more of the directors, officers or majority stockholders of such association, unless such loan is authorized expressly by this chapter or by a resolution of the board of directors of the association.
κ1967 Statutes of Nevada, Page 1023 (CHAPTER 373, SB 250)κ
by this chapter or by a resolution of the board of directors of the association. Such resolution shall be approved by a vote of at least two-thirds of all disinterested directors of the association.
2. An association may make loans to any corporation in which any director or officer of such association is a minority stockholder, on authorization of or confirmation within 30 days after making such loan by the affirmative vote of all the disinterested directors of such association present at the meeting authorizing or confirming such loan, when such affirmative vote constitutes a majority of all the directors. The interested director or officer shall not vote or participate in any manner in the action of the board of directors upon the loan. The authorization or confirmation shall be entered in the minutes of the association. Such loan shall in all other respects comply with the provisions covering the granting of loans.
3. If a loan is made to a corporation as set forth in subsection 2, and if the director or officer of the association owns more than 5 percent of the paid-in capital of such corporation, or if any two or more officers or directors own more than 20 percent of the paid-in capital of such corporation, the association shall file reports with the commissioner showing the following:
(a) The fact of making the loan.
(b) The names of the directors authorizing or confirming the loan.
(c) The corporate name of the borrower.
(d) The name of each director or officer of the association who is a stockholder, officer or director of the corporation to which the loan is made.
(e) The amount of stock held by the officer or director in such corporation.
(f) The amount of the loan, the rate of interest thereon, the time when the loan becomes due, the amount, character and value of the security given therefor, and the fact of final payment when made.
Sec. 35. Any loan of a type that an association may make on a monthly installment basis, except loans on unimproved real property, may also be made without full amortization of principal, but with interest payable at least semiannually, for an amount not in excess of 60 percent of the value of the security and for a term of not more than 5 years. When the directors of an association have authorized loans to be made without full amortization for an amount exceeding 60 percent of the value of the security, such loans may be made up to the percentage of value authorized by the directors, but not in excess of 70 percent of the value and for a term of not more than 3 years.
Sec. 36. 1. No association shall hold at one time loans to any one borrower, or under any one transaction, or applicable to any one project, or tract, if the loans are in excess of whichever of the following is the lesser:
(a) Ten percent of its total assets.
(b) An amount equal to the sum of its capital, surplus, undivided profits, loan reserve, federal insurance reserve, capital notes and such other reserves as the commissioner may prescribe.
κ1967 Statutes of Nevada, Page 1024 (CHAPTER 373, SB 250)κ
2. For the purpose of this section, the term one borrower means:
(a) Any person or entity that is, or that upon the making of a loan will become, obligor on a loan on the security of real estate.
(b) Nominees of such obligor.
(c) All persons, trusts, partnerships, syndicates and corporations of which such obligor is a nominee or a beneficiary, partner, member, or record or beneficial stockholder owning 10 percent or more of the capital stock.
(d) If such obligor is a trust, partnership, syndicate or corporation, all trusts, partnerships, syndicates and corporations of which any beneficiary, partner, member, or record or beneficial stockholder owning 10 percent or more of the capital stock is also a beneficiary, partner, member or record or beneficial stockholder owning 10 percent or more of the capital stock of such association.
3. For the purpose of this section, the term loans to any one borrower means the amount of the new loan plus the total balances of all outstanding loans on the security of real estate owed to the association by such borrower. Notwithstanding any other limitations of this section, any such loan may be made if the new loan when added to the total balances of all outstanding loans on the security of real estate owed to the association by such borrower does not exceed $100,000.
4. For the purpose of this section, the term balances of all outstanding loans means the original amounts loaned by the association plus any additional advances and interest due and unpaid, less repayments and participating interests sold and exclusive of any loan on the security of real estate the title to which has been conveyed to a bona fide purchaser of such real estate.
5. If an association makes a loan to any one borrower, as defined in this section, in an amount which, when added to the total balances of all outstanding loans on the security of real estate owed to the association by such borrower, exceeds $100,000, the records of such association with respect to such loan shall include documentation showing that such loan was made within the limitations of this section. For the purpose of such documentation, the association may require, and may accept in good faith, a certification by the borrower identifying the persons, entities and interests described in the definition of one borrower in subsection 2.
Sec. 37. Any association director, officer or other person who knowingly and willingly participates in any violation of the laws of this state relative to savings and loan associations shall be liable for all damage which the savings and loan association, its stockholders, members or creditors, in consequence of such violation, sustain.
________
κ1967 Statutes of Nevada, Page 1025κ
Senate Bill No. 296Senator Bunker
CHAPTER 374
AN ACT relating to predatory animals and rodents; extending the provisions of NRS 567.010 to 567.090, inclusive, to include a crop-destroying bird.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 567.010 is hereby amended to read as follows:
567.010 As used in NRS 567.010 to 567.090, inclusive [, committee] :
1. Committee means the state predatory animal and rodent committee.
2. Crop-destroying bird means the starling.
Sec. 2. NRS 567.020 is hereby amended to read as follows:
567.020 For the purpose of cooperating with the Fish and Wildlife Service of the United States Department of the Interior for the control of predatory animals, crop-destroying birds and rodents within the State of Nevada, with such funds as may be made available to it by contributions either by private or public agencies, or otherwise, there is hereby created the state predatory animal and rodent committee.
Sec. 3. NRS 567.080 is hereby amended to read as follows:
567.080 The committee shall enter into agreements from time to time with the Fish and Wildlife Service of the United States Department of the Interior covering cooperative control of predatory animals, crop-destroying birds and rodents in and by such manners and methods whereby a maximum of protection against losses of livestock, poultry, game birds, animals and crops on a state-wide basis best can be assured with a maximum of returns for the funds expended.
Sec. 4. NRS 567.090 is hereby amended to read as follows:
567.090 1. The committee is authorized to accept contributions of money for furthering the purpose for which it is established.
2. All such contributions shall be promptly converted by the committee into a special fund to be known as the state predatory animal and rodent fund to be held in trust by the state treasurer for predatory animal, crop-destroying bird and rodent control work only, under the provisions of this chapter.
3. All claims against the state predatory animal and rodent fund shall be approved by at least one member of the committee, designated for that purpose by the committee, and the secretary of the committee and by the state board of examiners.
________
κ1967 Statutes of Nevada, Page 1026κ
Senate Bill No. 361Senator Swobe
CHAPTER 375
AN ACT prescribing a simplified form of acknowledgment for individuals, corporations and partnerships and validating similar acknowledgments made prior to July 1, 1967; and providing other matters properly relating thereto.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 111.270 is hereby amended to read as follows:
111.270 1. A certificate, when made for an acknowledgment by an individual, corporation or partnership, shall be in substantially the following form:
|
State of Nevada
County of................................. |
} |
ss. |
[On this .................... day of .............................., A.D. ...................., personally appeared before me, a notary public (or judge or other officer, as the case may be), in and for .......................... County, A.B., known (or proved) to me to be the person described in and who executed the foregoing instrument, who acknowledged to me that he (or she) executed the same freely and voluntarily and for the uses and purposes therein mentioned.]
On ....................................................................................... personally appeared
(date)
before me, a notary public (or judge or other officer, as the case may be), ..................................................., who acknowledged that he executed the above instrument.
.............................................................................
(signature)
2. Any acknowledgment made prior to July 1, 1967, which is in a form substantially the same as that contained in subsection 1, is a valid acknowledgment.
Sec. 2. NRS 111.275 is hereby repealed.
________
κ1967 Statutes of Nevada, Page 1027κ
Senate Bill No. 355Committee on Judiciary
CHAPTER 376
AN ACT to amend chapter 463 of NRS, relating to gambling licensing and control, by giving the Nevada gaming commission and state gaming control board additional powers; providing additional regulations for licensed gaming establishments and licensees; providing for the preparation of a list of persons to be excluded or ejected from gaming establishments; providing for the collection of gaming taxes; providing a penalty; and providing other matters properly relating thereto.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.020 is hereby amended to read as follows:
463.020 [1. As used in this chapter, unless the context otherwise requires:
(a) Applicant means any person who has applied for or is about to apply for a state gaming license under the provisions of this chapter or a pari-mutuel wagering license under the provisions of chapter 464 of NRS.
(b) Application means a request for the issuance of a state gaming license under the provisions of this chapter or a pari-mutuel wagering license under the provisions of chapter 464 of NRS.
(c) Board means the state gaming control board as established by this chapter.
(d) Certificate or certificate of eligibility means a certificate of eligibility for a state gaming or pari-mutuel wagering license, as provided for in this chapter or chapter 464 of NRS.
(e) Chairman means the chairman of the state gaming control board or the chairman of the Nevada gaming commission.
(f) City means any incorporated or unincorporated city or town.
(g) Commission means the Nevada gaming commission.
(h) Commissioner means a member of the Nevada gaming commission.
(i) Establishment means any premises wherein or whereon any gaming is done.
(j) Game or gambling game means any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine, but shall not include social games played solely for drinks, or cigars or cigarettes served individually or games played in private homes or residences for prizes.
(k) Gaming or gambling means to deal, operate, carry on, conduct, maintain or expose for play any game as herein defined.
(l) Gaming device means any mechanical contrivance or machine used in connection with gaming or any game.
(m) Gross revenue means the total of all sums received as winnings less only the total of all sums paid out as losses by a licensee under a state gaming license during a calendar quarter.
κ1967 Statutes of Nevada, Page 1028 (CHAPTER 376, SB 355)κ
(n) Hearing examiner means a member of the state gaming control board or Nevada gaming commission or other person authorized by the state gaming control board or Nevada gaming commission to conduct investigative hearings.
(o) License or gaming license means any license issued by the state or any political subdivision thereof pursuant to this chapter or chapter 464 of NRS which authorizes the person named therein to engage in gaming or pari-mutuel wagering.
(p) Licensee means any person to whom a valid gaming or pari-mutuel wagering license has been issued.
(q) License fees means any moneys required by law to be paid to obtain or renew a gaming or pari-mutuel wagering license.
(r) Member or board member or commission member means a member of the state gaming control board or a member of the Nevada gaming commission.
(s) Operation means the conduct of gaming.
(t) Party means the state gaming control board and any licensee or other person appearing of record in any proceeding before the commission; or the Nevada gaming commission and any licensee or other person appearing of record in any proceeding for judicial review of any action, decision or order of the commission.
(u) Person means any corporation or association as well as a natural person.
(v) Quarter or calendar quarter means a period of 3 consecutive months commencing on the 1st day of January, April, July or October in any year.
(w) Respondent means any licensee or other person against whom the board has filed a complaint with the commission.
(x) Slot machine means any mechanical, electrical or other device, contrivance or machine which, upon insertion of a coin, token or similar object therein, or upon payment of any consideration whatsoever, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens or any thing of value whatsoever, whether the payoff is made automatically from the machine or in any other manner whatsoever.
2.] In construing the provisions of this chapter, save when otherwise plainly declared or clearly apparent from the context:
[(a)] 1. Words in the present tense shall include the future tense.
[(b)] 2. Words in the masculine shall include the feminine and neuter genders.
[(c)] 3. Words in the singular shall include the plural, and in the plural shall include the singular.
Sec. 2. NRS 463.080 is hereby amended to read as follows:
463.080 1. The board may: [, with the consent of the commission:]
(a) Establish, and from time to time alter, such plan or organization as it may deem expedient.
(b) Employ, discipline and discharge such personnel as it may deem necessary.
(c) Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and all other things as it may deem necessary or desirable in carrying out its functions.
κ1967 Statutes of Nevada, Page 1029 (CHAPTER 376, SB 355)κ
motor vehicles and all other things as it may deem necessary or desirable in carrying out its functions.
(d) Incur such other expenses, within the limit of funds available to it, as it may deem necessary.
(e) Except as otherwise provided in this chapter, all costs of administration incurred by the board shall be paid out on claims from the general fund in the same manner as other claims against the state are paid.
2. The board shall classify its employees as executive, supervisory, investigative and clerical, as it shall deem appropriate. No member or employee of the board, other than those designated as clerical employees, shall be included in the classified service nor be subject to any of the provisions of chapter 284 of NRS or any acts amendatory of or supplemental thereto except NRS 284.350 and 284.355.
Sec. 3. NRS 463.160 is hereby amended to read as follows:
463.160 1. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
(a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any game or slot machine as defined in this chapter, or to operate, carry on, conduct or maintain any horserace book or sports pool; or
(b) To provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or
(c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running, carrying on or permitting the same to be carried on,
without having first procured, and thereafter maintaining in full force and effect, all federal, state, county and municipal gaming licenses as required by statute or ordinance or by the governing board of any unincorporated city or town.
2. It is unlawful for any person to lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest or any percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license for the same.
3. It is unlawful for any person to lend, let, lease or otherwise deliver or furnish, except by a bona fide sale, any slot machine under guise of any agreement whatever whereby any consideration whatever is paid or is payable for the right to possess or use such slot machine, whether such consideration is measured by a percentage of the revenue derived from such machine or by a fixed fee or otherwise, without having first procured a state gaming license for the same.
4. Any person who shall knowingly permit any gambling game, slot machine or device to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, except by a person who is licensed hereunder, or his employee, shall be guilty of a gross misdemeanor.
5. Any licensee who puts additional games or slot machines into play or displays such games or slot machines in a public area without authority of the commission to do so [or any licensee who fails to remit when due any license fee provided for by this chapter shall be liable for the penalty provided for in NRS 463.400 in addition to the penalty provided for in this section.]
κ1967 Statutes of Nevada, Page 1030 (CHAPTER 376, SB 355)κ
of the commission to do so [or any licensee who fails to remit when due any license fee provided for by this chapter shall be liable for the penalty provided for in NRS 463.400 in addition to the penalty provided for in this section.] is subject to the penalties provided in NRS 463.310.
Sec. 4. NRS 463.220 is hereby amended to read as follows:
463.220 1. After final order approving an application, the board will [issue to the applicant or applicants named, under the name or style therein designated, a certificate of eligibility for a state gaming license. The board may limit such certificate or place such conditions thereon as it may, in the public interest, deem necessary. The board may, by unanimous vote, and if satisfied of the necessity of such action, issue a probationary certificate. No certificate of eligibility shall be assigned either in whole or in part.
2. After final order of the state gaming control board approving an application, the] present its recommendation to the commission at the next meeting of the commission.
2. The commission may, after considering the recommendation of the board, issue to the applicant or applicants named, as individuals, and to the licensed gaming establishment, as a business entity, under the name or style therein designated, a state gaming license, or deny the same. The commission may limit such license or place such conditions thereon as it may deem necessary in the public interest. The commission may, if satisfied of the necessity of such action, issue a probationary license. No state gaming license shall be assigned either in whole or in part.
3. After final order of the state gaming control board recommending denial of an application, the commission, after considering the recommendation of the board, may:
(a) Deny the application;
(b) Remand the matter to the board for such further investigation and reconsideration as the commission may order; or
(c) By unanimous vote of the [commission,] members present, grant the application for a license.
4. If the commission is not satisfied that an applicant approved by the state gaming control board is qualified to be licensed hereunder, the commission may cause to be made such investigation into and conduct such hearings concerning the qualifications of the applicant in accordance with its regulations as it may deem necessary.
If the commission desires further investigation be made or to conduct such hearings, it shall, within 30 days after presentation [and filing of a certificate of eligibility,] of the recommendation of the board so notify the applicant and set a date for hearing, if a hearing is requested by the applicant. Final action by the commission shall be taken within 120 days after [presentation and filing of the certificate of eligibility.] the recommendation of the board has been presented to the commission. Failure of the commission to take [affirmative] action within such [30-day] 120-day period shall be deemed to constitute approval of such applicant by the commission, and a license shall be issued forthwith upon compliance by the applicant with the provisions of subsection 6 of this section.
5. The commission shall have full and absolute power and authority to deny any application for a license for any cause deemed reasonable by such commission.
κ1967 Statutes of Nevada, Page 1031 (CHAPTER 376, SB 355)κ
to deny any application for a license for any cause deemed reasonable by such commission. In the event an application is denied, the commission shall prepare and file its written decision upon which its order denying such application is based.
6. If satisfied that an applicant is eligible to receive a state gaming license, and upon tender of all license fees as required by law and regulation of the commission and such bond as the commission may require for the payment of license fees and the faithful performance of all requirements imposed by law or regulation or the conditions of the license, the commission will issue to the applicant or applicants named, under the name or style designated, such license as may be appropriate or as is provided by law.
In any case in which the establishment for which a license is to be issued has not operated for the full period of the preceding calendar quarter, or if for any reason a record of the past full quarter cannot be obtained, a provisional license may be issued for the current quarter on an estimate of the license fees due upon filing of a sufficient bond or undertaking in a penal sum not exceeding $50,000 conditioned on the payment in arrears at the end of the first full calendar quarter of operation of the license fee due on the basis of the gross revenue for such full quarter, and any partial quarter preceding such full quarter.
In any case in which the establishment for which a license is to be issued has been operated for the full period of the preceding calendar quarter, the gross revenue of such establishment during such preceding full calendar quarter may be used in determining the license fees due hereunder.
Sec. 5. NRS 463.310 is hereby amended to read as follows:
463.310 1. The board shall investigate any apparent violations of this chapter or chapter 464 of NRS or any regulations adopted thereunder which come to its attention and, when disciplinary or other action is to be taken against a licensee, shall conduct such investigative hearings with respect thereto as may be necessary. The commission may direct the board to investigate any apparent violations of this chapter or chapter 464 of NRS or any regulations which come to its attention.
2. If, after such investigation the board is satisfied that a license should be limited, conditioned, suspended or revoked, it shall initiate a hearing before the commission by filing a complaint with the commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the board.
3. Upon receipt of the complaint of the board, the commission shall review the same and all matter presented in support thereof, and, if satisfied that probable grounds exist for disciplinary or other action, shall conduct further proceedings in accordance with NRS 463.312. If the commission is not satisfied that probable grounds exist for disciplinary or other action, it may order the complaint withdrawn without prejudice to the filing of another complaint after further investigation and reconsideration by the board.
4. After the provisions of subsections 1, 2 and 3 above have been complied with, the commission shall have full and absolute power and authority to: [limit, condition, revoke or suspend any license for any cause deemed reasonable by the commission.]
κ1967 Statutes of Nevada, Page 1032 (CHAPTER 376, SB 355)κ
complied with, the commission shall have full and absolute power and authority to: [limit, condition, revoke or suspend any license for any cause deemed reasonable by the commission.]
(a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;
(b) Order a licensed gaming establishment to keep an individual licensee from the premises of such licensed gaming establishment or not to pay such licensee any remuneration for services or any profits, income or accruals on his investment in such licensed gaming establishment; and
(c) Fine a licensed gaming establishment in an amount not to exceed $100,000 for the first violation by such establishment, or any individual licensee in an amount not to exceed $50,000 for the first violation by such individual,
for any cause deemed reasonable by the commission. All fines shall be paid to the state treasurer for deposit in the general fund in the state treasury.
5. For the second violation by any licensed gaming establishment or individual licensee, the commission shall revoke the license of such establishment or individual.
6. In the event the commission shall limit, condition, suspend or revoke any license [,] or impose a fine, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which such order is based.
[6.] 7. Any such limitation, condition, revocation, [or] suspension or fine so made shall be and remain effective until reversed or modified upon judicial review, except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.
[7.] 8. Judicial review of any such order or decision of the commission may be had in accordance with NRS 463.315.
Sec. 6. NRS 463.312 is hereby amended to read as follows:
463.312 1. The complaint referred to in NRS 463.310 and 464.080 shall be a written statement of charges which shall set forth in ordinary and concise language the acts or omissions with which the respondent is charged. It shall specify the statutes and regulations which the respondent is alleged to have violated, but shall not consist merely of charges raised in the language of the statutes or regulations.
2. Upon the filing of the complaint, the commission shall serve a copy of the complaint upon the respondent either personally, or by registered mail at his address on file with the commission.
3. The commission shall include with the copy of the complaint served upon respondent three copies of a form entitled Notice of Defense which, when completed and signed by or on behalf of the respondent and returned to the commission, will acknowledge service of the complaint and constitute a Notice of Defense under subsection 5 hereof.
4. The notice of defense shall read substantially as follows:
κ1967 Statutes of Nevada, Page 1033 (CHAPTER 376, SB 355)κ
Notice of Defense
Instructions to Respondents: Two copies of this form should be filed with the Nevada gaming commission, Carson City, Nevada, within 15 days after service upon you of the enclosed complaint. The form must be signed by you or on your behalf. You will note that blanks are provided for any information you wish to supply.
Yes No
1. Do you request a hearing?.................................................................... □ □
2. Do you admit the facts stated in the complaint?................................ □ □
If you admit some of the facts stated in the complaint, but deny others, please specify:
(space for answer)
3. Are there any defenses or explanations which you believe the commission should consider?............................................................................... □ □
If so, please specify:
(space for answer)
4. Do you wish to state any legal objections to the complaint?.......... □ □
If so, please specify:
(space for answer)
Note: If you fail to file two copies of this form as specified, the commission may proceed upon the complaint without a hearing.
5. Within 15 days after service upon him of the complaint, the respondent may file with the commission a notice of defense in which he may:
(a) Request a hearing;
(b) Admit the accusation in whole or in part;
(c) Present new matter or explanations by way of defense; and
(d) State any legal objections to the complaint.
Within the time specified respondent may file one or more notices of defense upon any or all of the above grounds, but all such notices shall be filed within the period specified above unless the commission, in its discretion, authorizes the filing of a later notice.
6. The respondent shall be entitled to a hearing on the merits if he files a notice of defense within the time allowed by subsection 5, and any such notice shall be deemed a specific denial of all parts of the complaint not expressly admitted. Failure to file a notice of defense within the time allowed by subsection 5 shall constitute a waiver of respondents right to a hearing and to judicial review of any decision or order of the commission, but the commission, in its discretion, may nevertheless order a hearing. All affirmative defenses must be specifically stated and unless objection is taken as provided in paragraph (d) of subsection 5, all objections to the form of the complaint shall be deemed waived.
7. The commission shall determine the time and place of the hearing as soon as is reasonably practical after receiving the respondents notice of defense.
κ1967 Statutes of Nevada, Page 1034 (CHAPTER 376, SB 355)κ
notice of defense. The commission shall deliver or send by registered mail a notice of hearing to all parties at least 10 days prior to the hearing. Unless respondent consents, the hearing shall not be prior to the expiration of the time within which the respondent is entitled to file a notice of defense.
8. The notice of hearing shall be substantially in the following form, but may include other information:
You Are Hereby Notified that a hearing will be held before the Nevada gaming commission at (here insert place of hearing) on the .......... day of ...................., 19....., at the hour of ..............., upon the charges made in the complaint served upon you. You may be present at the hearing and may be, but need not be, represented by counsel. You may present any relevant evidence, and you will be given full opportunity to cross-examine all witnesses testifying against you. You are entitled to the issuance of subpenas to compel the attendance of witnesses and the production of books, documents, or other things by applying to the Nevada gaming commission.
9. Notwithstanding any other provisions of this section, the commission may issue an emergency order for suspension, limitation or conditioning of a license or requiring a licensed gaming establishment to keep an individual licensee from the premises of such licensed gaming establishment or not to pay such licensee any remuneration for services or any profits, income or accruals on his investment in such licensed gaming establishment in the following manner:
(a) An emergency order [for the suspension, limitation or conditioning of a license] shall be issued only when the commission believes that:
(1) There has been a violation of NRS 463.340;
(2) Such action is necessary to prevent a violation of NRS 463.340; or
(3) Such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare.
(b) The emergency order shall set forth the grounds upon which it is issued, including a statement of facts constituting the alleged emergency necessitating such action.
(c) An emergency order may be issued only with the approval of and upon signature by not less than three members of the commission.
(d) The emergency order shall be effective immediately upon issuance and service upon the licensee [and shall operate as an immediate suspension, limitation or conditioning of the license. Such suspension, limitation or condition] or resident agent of the licensee. The emergency order may suspend, limit, condition or take other action in relation to the license of one or more individuals in an operation without affecting other individual licensees or the licensed gaming establishment. The emergency order shall remain effective until further order of the commission or final disposition of the case.
(e) Within 5 days after issuance of an emergency order, the commission shall cause a complaint to be filed and served upon the licensee in accordance with the provisions of subsections 1 to 4, inclusive, of this section.
(f) Thereafter, the licensee shall be entitled to a hearing before the commission in accordance with this section, and to judicial review of the decision and order of the commission thereon in accordance with NRS 463.315.
κ1967 Statutes of Nevada, Page 1035 (CHAPTER 376, SB 355)κ
commission in accordance with this section, and to judicial review of the decision and order of the commission thereon in accordance with NRS 463.315.
10. Prior to a hearing before the commission, and during a hearing upon reasonable cause shown, the commission shall issue subpenas and subpenas duces tecum at the request of a party. All witnesses appearing pursuant to subpena, other than parties, officers or employees of the State of Nevada or any political subdivision thereof, shall receive fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the district courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day shall be entitled, in addition to witness fees and in lieu of mileage, to the per diem compensation for subsistence and transportation authorized by NRS 281.160 for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings. Fees, subsistence and transportation expenses shall be paid by the party at whose request the witness is subpenaed. The commission may, in its discretion, award as costs the amount of all such expenses to the prevailing party.
11. The testimony of any material witness residing within or without the State of Nevada may be taken by deposition in the manner provided by the Nevada Rules of Civil Procedure.
12. Affidavits may be received in evidence at any hearing of the commission in accordance with the following:
(a) The party wishing to use such affidavit shall, not less than 10 days prior to the day set for hearing, serve upon the opposing party or counsel, either personally or by registered mail, a copy of the affidavit which he proposes to introduce in evidence together with a notice as provided in paragraph (c).
(b) Unless the opposing party, within 7 days after such service, mails or delivers to the proponent a request to cross-examine affiant his right to cross-examine such affiant is waived and the affidavit, if introduced in evidence, shall be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made in accordance herewith, the affidavit may be introduced in evidence, but shall be given only the same effect as other hearsay evidence.
(c) The notice referred to in paragraph (a) shall be substantially in the following form:
The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing set for the ....................day of ..............., 19...... (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question him unless you notify the undersigned that you wish to cross-examine him. To be effective your request must be mailed or delivered to the undersigned on or before 7 days from the date this notice and the enclosed affidavit are served upon you.
.......................................................................
(Party or Counsel)
.......................................................................
(Address)
κ1967 Statutes of Nevada, Page 1036 (CHAPTER 376, SB 355)κ
13. The following procedures shall apply at all hearings of the commission other than investigative hearings:
(a) At least three members of the commission shall be present at every hearing, and they shall exercise all powers relating to the conduct of the hearing and shall enforce all decisions with respect thereto.
(b) The proceedings at the hearing shall be reported either stenographically or by a phonographic reporter.
(c) Oral evidence shall be taken only upon oath or affirmation administered by the commission.
(d) Every party to a hearing shall have the right:
(1) To call and examine witnesses;
(2) To introduce exhibits relevant to the issues of the case, including the transcript of testimony at any investigative hearing conducted by or on behalf of the board or the commission;
(3) To cross-examine opposing witnesses on any matters relevant to the issues of the case, even though the matter was not covered in a direct examination;
(4) To impeach any witness regardless of which party first called him to testify; and
(5) To offer rebuttal evidence.
(e) If the respondent does not testify in his own behalf, he may be called and examined as if under cross-examination.
(f) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and shall be sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action.
(g) The parties or their counsel may by written stipulation agree that certain specified evidence may be admitted even though such evidence might otherwise be subject to objection.
14. The commission may take official notice of any generally accepted information or technical or scientific matter within the field of gaming, and of any other fact which may be judicially noticed by the courts of this state. The parties shall be informed of any information, matters or facts so noticed, and shall be given a reasonable opportunity, on request, to refute such information, matters or facts by evidence or by written or oral presentation of authorities, the manner of such refutation to be determined by the commission.
15. The commission may, in its discretion before submission of the case for decision, permit the filing of amended or supplemental pleadings and shall notify all parties thereof, and provide a reasonable opportunity for objections thereto.
16. If any person in proceedings before the commission disobeys or resists any lawful order or refuses to respond to a subpena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during the hearing or so near the place thereof as to obstruct the proceeding, the commission may certify the facts to the district court in and for the county where the proceedings are held. The court shall thereupon issue an order directing the person to appear before the court and show cause why he should not be punished as for contempt.
κ1967 Statutes of Nevada, Page 1037 (CHAPTER 376, SB 355)κ
person to appear before the court and show cause why he should not be punished as for contempt. The court order and a copy of the statement of the commission shall be served on the person cited to appear. Thereafter the court shall have jurisdiction of the matter; and the same proceedings shall be had, the same penalties may be imposed and the person charged may purge himself of the contempt in the same way as in the case of a person who has committed a contempt in the trial of a civil action before a district court.
17. Failure of a respondent to file a notice of defense or to request or appear at the hearing shall constitute an admission of all matters and facts contained in the complaint filed with respect to such respondent. In such cases the commission may take action based upon such admission or upon any other evidence, including affidavits, and without any further notices whatever to respondent. In such cases the commission shall prepare and file a record containing the evidence upon which its action was based.
18. After the hearing of a contested matter, the commission shall render a written decision on the merits which shall contain findings of fact, a determination of the issues presented and the penalty to be imposed, if any; and shall thereafter make and enter its written order in conformity to such decision. No member of the commission who did not hear the evidence shall vote on the decision. The affirmative votes of a majority of the whole commission shall be required to impose any penalty. Copies of the decision and order shall be served on the parties personally or sent to them by registered mail. The decision shall become and remain effective upon such service, unless the commission shall otherwise order.
19. The commission may, upon motion therefor made within 10 days after service of a decision and order, order a rehearing before the commission upon such terms and conditions as it may deem just and proper if a petition for judicial review of the decision and order has not been filed. Such motion shall not be granted except upon a showing that there is additional evidence which is material and necessary and reasonably calculated to change the decision of the commission, and that sufficient reason existed for failure to present such evidence at the hearing of the commission. The motion shall be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced at the hearing. Upon rehearing, rebuttal evidence to the additional evidence shall be permitted. After rehearing, the commission may modify its decision and order as the additional evidence may warrant.
Sec. 7. NRS 463.390 is hereby amended to read as follows:
463.390 1. Any person, firm, association or corporation desiring to conduct, operate or carry on any gambling game, slot machine or any game of chance [enumerated or provided for in NRS 463.020] shall, upon proper application to the sheriff of the county wherein it is proposed that such slot machine, game or games shall be conducted or operated, be issued a license for each particular device or game or slot machine under the following conditions and regulations:
(a) The person, firm, association or corporation so applying for a license shall furnish a complete description of the particular room and premises in which the licensee desires to carry on or conduct such slot machine, device or game, together with the location of the building, its street number, if such there be, and any other information by which it may be definitely and readily located and recognized.
κ1967 Statutes of Nevada, Page 1038 (CHAPTER 376, SB 355)κ
machine, device or game, together with the location of the building, its street number, if such there be, and any other information by which it may be definitely and readily located and recognized.
(b) The person, firm, association or corporation so applying for a license shall state definitely the particular type of slot machine or the particular game or device which the licensee desires to carry on or conduct in the room and premises, and as so stated the same shall be specifically described in and entered upon the license.
(c) Card games, that is, stud and draw poker, bridge, whist, solo, and panguingui for money, shall be licensed independently of other games mentioned in this section, regardless of locality or population, at the rate of $25 per table per month, payable 3 months in advance.
(d) A license fee of $50 per month, payable for 3 months in advance, shall be paid to the sheriff for each game or device license issued except those games as otherwise provided for herein and except slot machines. For each money slot machine the license fee shall be $10 per month, payable for 3 months in advance. When a combination of units are operated by one handle the license fee shall be the sum of $10 per month, payable for 3 months in advance, for each and every unit paying in identical denominations operated thereby.
(e) The license shall entitle the holder or holders, or his or their employee or employees, to carry on, conduct and operate the specific slot machine, game or device for which the license is issued in the particular room and premises described therein, but not for any other slot machine, game or device than that specified therein, or the specified slot machine, game or device in any other place than the room and premises so described, for a period of 3 months next succeeding the date of issuance of the license.
2. The licensee shall be entitled to carry on, conduct and operate two or more slot machines, games or devices mentioned in NRS 463.020, in the same room, by paying the license fee herein provided for, for each slot machine, game or device and otherwise complying with the terms of this section.
3. The sheriff of any county shall not issue the licenses provided for in this section unless the applicant for such licenses shall first have obtained from the commission the licenses provided for in NRS 463.380.
Sec. 8. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 to 43, inclusive, of this act.
Sec. 9. As used in this chapter, the words and terms defined in sections 10 to 33, inclusive, of this act have the meanings ascribed to them in sections 10 to 33, inclusive, of this act unless a different meaning clearly appears in the context.
Sec. 10. Applicant means any person who has applied for or is about to apply for a state gaming license under the provisions of this chapter or a pari-mutuel wagering license under the provisions of chapter 464 of NRS.
Sec. 11. Application means a request for the issuance of a state gaming license under the provisions of this chapter or a pari-mutuel wagering license under the provisions of chapter 464 of NRS.
Sec. 12. Board means the state gaming control board as established by this chapter.
κ1967 Statutes of Nevada, Page 1039 (CHAPTER 376, SB 355)κ
Sec. 13. Chairman means the chairman of the state gaming control board or the chairman of the Nevada gaming commission.
Sec. 14. City means any incorporated or unincorporated city or town.
Sec. 15. Commission means the Nevada gaming commission.
Sec. 16. Commissioner means a member of the Nevada gaming commission.
Sec. 17. Establishment means any premises wherein or whereon any gaming is done.
Sec. 18. Game or gambling game means any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine, but shall not include social games played solely for drinks, or cigars or cigarettes served individually or games played in private homes or residences for prizes.
Sec. 19. Gaming or gambling means to deal, operate, carry on, conduct, maintain or expose for play any game as herein defined.
Sec. 20. Gaming device means any mechanical contrivance or machine used in connection with gaming or any game.
Sec. 21. Gross revenue means the total of all sums received as winnings less only the total of all sums paid out as losses by a licensee under a state gaming license during a calendar quarter.
Sec. 22. Hearing examiner means a member of the state gaming control board or Nevada gaming commission or other person authorized by the state gaming control board or Nevada gaming commission to conduct investigative hearings.
Sec. 23. License or gaming license means any license issued by the state or any political subdivision thereof pursuant to this chapter or chapter 464 of NRS which authorizes the person named therein to engage in gaming or pari-mutuel wagering.
Sec. 24. License fees means any moneys required by law to be paid to obtain or renew a gaming or pari-mutuel wagering license.
Sec. 25. Licensed gaming establishment means any premises licensed pursuant to the provisions of this chapter wherein or whereon gaming is done.
Sec. 26. Licensee means any person to whom a valid gaming or pari-mutuel wagering license has been issued.
Sec. 27. Member or board member or commission member means a member of the state gaming control board or a member of the Nevada gaming commission.
Sec. 28. Operation means the conduct of gaming.
Sec. 29. Party means the state gaming control board and any licensee or other person appearing of record in any proceeding before the commission; or the Nevada gaming commission and any licensee or other person appearing of record in any proceeding for judicial review of any action, decision or order of the commission.
Sec. 30. Person means any corporation or association as well as a natural person.
κ1967 Statutes of Nevada, Page 1040 (CHAPTER 376, SB 355)κ
Sec. 31. Quarter or calendar quarter means a period of 3 consecutive months commencing on the 1st day of January, April, July or October in any year.
Sec. 32. Respondent means any licensee or other person against whom the board has filed a complaint with the commission.
Sec. 33. Slot machine means any mechanical, electrical or other device, contrivance or machine which, upon insertion of a coin, token or similar object therein, or upon payment of any consideration whatsoever, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens or any thing of value whatsoever, whether the payoff is made automatically from the machine or in any other manner whatsoever.
Sec. 34. The commission may exercise any proper power and authority necessary to perform the duties assigned to it by the legislature, and is not limited by any enumeration of powers in this chapter.
Sec. 35. 1. The commission shall initiate and direct the proceedings, actions or prosecutions instituted to enforce the provisions of this chapter.
2. The commission may call upon the district attorney of any county, or, if a district attorney refuses to take appropriate action, upon the attorney general, to institute and conduct such criminal proceedings as are requested by the commission.
Sec. 36. 1. At any time within 3 years after any tax or any amount of tax required to be collected pursuant to the provisions of this chapter becomes due and payable, and at any time within 3 years after the delinquency of any tax or any amount of such tax, the commission may bring a civil action in the courts of this state, or any other state, or of the United States, in the name of the State of Nevada to collect the amount delinquent together with penalties and interest.
2. If the action is brought in this state:
(a) A writ of attachment may issue, and no bond or affidavit previous to the issuing of the attachment is required.
(b) The records of the commission shall be prima facie evidence of the determination of the tax or the amount of the tax, the delinquency of the amount set forth and compliance by the commission with all the provisions of this chapter in relation to the computation and determination of the amounts.
Sec. 37. 1. The amounts required to be paid under this chapter together with interest and penalties thereon 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 shall not apply to give the state a preference over:
κ1967 Statutes of Nevada, Page 1041 (CHAPTER 376, SB 355)κ
(a) Any recorded lien which attached prior to the date when the amounts required to be paid under this chapter became a lien;
(b) Costs of administration, funeral expenses, expenses of last illness or family allowances;
(c) Debts preferred by the laws of the United States; or
(d) Wages, as provided in NRS 150.220.
Sec. 38. 1. The commission may by regulation provide for the establishment of a list of persons who are to be excluded or ejected from any licensed gaming establishment. This list may include any person:
(a) Who is of notorious or unsavory reputation;
(b) Who has been convicted of a crime which is a felony is the State of Nevada or under the laws of the United States or a crime involving moral turpitude; or
(c) Whose presence in a licensed gaming establishment would, in the opinion of the board or commission, be inimical to the interests of the State of Nevada, or of licensed gambling, or both.
2. Race, color, creed, national origin or ancestry, or sex shall not be grounds for placing the name of a person upon such list.
3. Any list compiled by the board or commission of persons to be excluded or ejected shall not be deemed an all-inclusive list, and licensed gaming establishments have a duty to keep from their premises persons known to them to be inimical to the interests of the State of Nevada, or of licensed gambling, or both.
Sec. 39. Whenever the name and description of any person is placed on a list pursuant to section 38 of this act, the board shall serve notice of such fact to such person:
1. By personal service;
2. By certified mail to the last-known address of such person; or
3. By publication daily for 1 week in one of the principal newspapers published in the city of Reno and in one of the principal newspapers published in the city of Las Vegas, Nevada.
Sec. 40. 1. Within 30 days after service by mail or in person or 60 days from the time of the last publication, as provided in section 39 of this act, the person named may demand a hearing before the commission and show cause why he should have his name taken from such a list. Failure to demand such a hearing within the time allotted in this section shall preclude such person from having an administrative hearing, but shall in no way affect his right to petition for judicial review as provided in paragraph (b) of subsection 3.
2. Upon receipt of a demand for hearing, the commission shall set a time and place for the hearing, which shall be held in the offices of the board at Carson City or Las Vegas, Nevada. Such hearing shall not be later than 30 days after receipt of the demand for such a hearing, unless the time and place of the hearing are changed by agreement of the commission and the person demanding the hearing.
3. If, upon completion of the hearing, the commission determines that:
(a) The regulation does not or should not apply to the person so listed, the commission shall notify all persons licensed under NRS 463.220 of such determination.
κ1967 Statutes of Nevada, Page 1042 (CHAPTER 376, SB 355)κ
(b) Placing the person on the exclusion or ejection list was proper, the commission shall make and enter in its minutes an order to that effect. Such order shall be subject to review by any court of competent jurisdiction in accordance with the provisions of NRS 463.315.
Sec. 41. The commission may revoke, limit, condition, suspend or fine the licensed gaming establishment or individual licensee, in accordance with the laws of the State of Nevada and the regulations of the commission, if such licensed gaming establishment or any individual licensee fails to exclude or eject from the premises of any licensed gaming establishment any person placed on the list of persons to be excluded or ejected.
Sec. 42. Any person who has been placed on the list of persons to be excluded or ejected from any licensed gaming establishment pursuant to section 38 of this act is guilty of a gross misdemeanor if he thereafter enters the premises of a licensed gaming establishment without first having obtained a determination by the commission that he should not have been placed on the list of persons to be excluded or ejected.
Sec. 43. 1. If any dealer in a licensed gaming establishment is convicted of a violation of NRS 463.340, or if in investigating an alleged violation of this chapter by any licensee the commission finds that a dealer employed by such licensee has been guilty of cheating the commission shall after a hearing as provided in NRS 463.310 and 463.312:
(a) If such dealer holds a work permit issued by the board, revoke such work permit.
(b) If such dealer holds a work permit issued by a county or city licensing authority, notify such authority to revoke such permit, and the county or city licensing authority shall revoke such permit.
2. A work permit shall not be issued by any authority in this state to a person whose work permit has previously been revoked pursuant to this section.
3. If the dealer has not been convicted by a court of record of a violation of NRS 463.340, he is entitled to judicial review of the commissions action in the manner prescribed by NRS 463.315.
Sec. 44. This act shall become effective upon passage and approval.
________
Assembly Bill No. 382Washoe and Storey Counties Delegation
CHAPTER 377
AN ACT to amend NRS 624.230 and 624.300, relating to contractors licenses, by providing that bids made by unlicensed bidders are void and providing for suspension or revocation of the license of a contractor who permits an unlicensed person, firm or corporation to use the license of such contractor.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 624.230 is hereby amended to read as follows:
624.230 It shall be unlawful for any person, firm, copartnership, corporation, association or other organization, or any combination of any thereof, to engage in the business or act in the capacity of a contractor within this state or to bid a job situated within this state without having a license therefor as provided in this chapter, unless such person, firm, copartnership, corporation, association or other organization, or any combination of any thereof, is exempted as provided in this chapter.
κ1967 Statutes of Nevada, Page 1043 (CHAPTER 377, AB 382)κ
any thereof, to engage in the business or act in the capacity of a contractor within this state or to bid a job situated within this state without having a license therefor as provided in this chapter, unless such person, firm, copartnership, corporation, association or other organization, or any combination of any thereof, is exempted as provided in this chapter. If any person, firm, copartnership, corporation, association or other organization, or any combination of any thereof, submits a bid to do any work within the State of Nevada for which a license is required by this chapter, without first having a valid license, the bid of such person, firm, copartnership, corporation, association or other organization shall be void.
Sec. 2. NRS 624.300 is hereby amended to read as follows:
624.300 The board shall have power either to suspend or revoke licenses already issued and to refuse renewals of licenses when the applicant or licensee:
1. Has been guilty of acts of conduct harmful to either the safety or protection of the public; or
2. Has been guilty of dishonesty, fraud and deceit whereby injury has been sustained by another; or
3. Cannot establish financial responsibility at the time of renewal; or
4. Has failed to comply with and complete a contract; [or]
5. Has been guilty of improper diversion of funds, misuse or misappropriation of funds, willful delay in completion of construction and the like [.] ; or
6. Permits any person, firm or corporation not licensed under this chapter to use the license of such licensee to perform work in the state which would require a license under this chapter.
________
Senate Bill No. 328Committee on Commerce
CHAPTER 378
AN ACT relating to real estate brokers and salesmen; to create the real estate education, research and recovery fund, for the purpose of financing real estate education and research and to provide a bond for licensed real estate salesmen and brokers; and providing other matters properly relating thereto.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. As used in sections 3 to 14, inclusive, of this act, fund means the real estate education, research and recovery fund.
Sec. 3. There is hereby created in the state treasury the real estate education, research and recovery fund. A balance of not more than $20,000 shall be maintained in the fund, to be used for satisfying claims against persons licensed under this chapter, as provided in sections 2 to 14, inclusive, of this act.
κ1967 Statutes of Nevada, Page 1044 (CHAPTER 378, SB 328)κ
14, inclusive, of this act. Any balance over $20,000 at the end of any fiscal year shall be set aside and used by the commission for real estate education and research.
Sec. 4. Upon renewal of every real estate brokers and real estate salesmans license on or before June 30, 1967, and on or before June 30 of each year thereafter, every licensed broker and salesman, when renewing any such license, shall pay in addition to the renewal fee, a fee of $10. Such additional fee shall be paid into the state treasury and credited to the fund, and shall be used solely for the purposes provided in sections 2 to 14, inclusive, of this act.
Sec. 5. 1. When any person obtains a final judgment in any court of competent jurisdiction against any licensee under this chapter, upon grounds of fraud, misrepresentation or deceit with reference to any transaction for which a license is required under this chapter and which cause of action arose on or after July 1, 1967, such person may, upon termination of all proceedings, including appeals in connection with any judgment, file a verified petition in the court in which the judgment was entered for an order directing payment out of the fund in the amount of actual damages included in the judgment and unpaid, but not more than $10,000.
2. A copy of the petition shall be served upon the administrator and an affidavit of such service shall be filed with the court.
3. The court shall act upon such petition within 30 days after such service and, upon the hearing thereof, the petitioner shall be required to show that:
(a) He is not the spouse of the debtor, or the personal representative of such spouse.
(b) He has complied with all the requirements of sections 2 to 14, inclusive, of this act.
(c) He has obtained a judgment of the kind described in subsection 1, stating the amount thereof and the amount owing thereon at the date of the petition.
(d) A writ of execution has been issued upon such judgment and that no assets of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of such of them as were found under such execution was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due.
(e) He has made reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment.
(f) The petition has been filed no more than 1 year after the termination of all proceedings, including reviews and appeals, in connection with the judgment.
(g) He has posted a bond to guarantee costs should his application be denied, in the amount of 10 percent of the actual damages he seeks from the fund.
Sec. 6. 1. Whenever the court proceeds upon a petition as provided in section 5 of this act, the administrator may answer and defend any such action against the fund on behalf of the fund and in the name of the defendant and may use any appropriate method of review on behalf of the fund.
κ1967 Statutes of Nevada, Page 1045 (CHAPTER 378, SB 328)κ
defendant and may use any appropriate method of review on behalf of the fund.
2. The judgment set forth in the petition shall be considered as prima facie evidence only and the findings of fact therein shall not be conclusive for the purposes of sections 2 to 14, inclusive, of this act.
3. The administrator may, subject to court approval, compromise a claim based upon the application of a petitioner. He shall not be bound by any prior compromise of the judgment debtor.
Sec. 7. If the court finds after the hearing that the claim should be levied against the portion of the fund allocated for the purpose of carrying out the provisions of sections 2 to 14, inclusive, of this act, the court shall enter an order directed to the administrator requiring payment from the fund of whatever sum it finds to be payable upon the claim pursuant to the provisions of and in accordance with the limitations contained in sections 2 to 14, inclusive, of this act.
Sec. 8. If the administrator pays from the fund any amount in settlement of a claim or towards satisfaction of a judgment against a licensed broker or salesman, the license of such broker or salesman shall be automatically suspended upon the effective date of an order by the court as set forth herein authorizing payment from the fund. No such broker or salesman shall be granted reinstatement until he has repaid in full, plus interest at the rate of 4 percent per annum, the amount paid from the fund on his account.
Sec. 9. If, at any time, the money deposited in the fund and allotted for satisfying claims against licensees is insufficient to satisfy any authorized claim or portion thereof, the administrator shall, when sufficient money has been deposited in the fund, satisfy such unpaid claims or portions thereof, in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of 4 percent per annum. Any sums received by the real estate division pursuant to sections 2 to 14, inclusive, of this act shall be deposited in the state treasury and credited to the fund.
Sec. 10. 1. It is unlawful for any person to file with the administrator any notice, statement or other document required under the provisions of sections 2 to 14, inclusive, of this act which is false or which contains any willful, material misstatement of fact.
2. Violation of subsection 1 is a gross misdemeanor.
Sec. 11. When the administrator has paid from the fund any sum to the judgment creditor, the administrator is subrogated to all other rights of the judgment creditor and the judgment creditor shall assign all his right, title and interest in the judgment to the administrator and any amount and interest so recovered by the administrator on the judgment shall be deposited to the fund.
Sec. 12. The failure of a person to comply with all of the provisions of sections 2 to 14, inclusive, of this act shall constitute a waiver of any rights hereunder.
Sec. 13. The bond required by section 5 of this act shall be furnished in accordance with chapter 20 of NRS and shall be conditioned upon compliance with the requirements of sections 2 to 14, inclusive, of this act. Recovery against the bond shall be authorized by the court if, after proceeding upon a petition, it rules in favor of the administrator on behalf of the fund.
κ1967 Statutes of Nevada, Page 1046 (CHAPTER 378, SB 328)κ
proceeding upon a petition, it rules in favor of the administrator on behalf of the fund.
Sec. 14. Nothing contained in sections 2 to 14, inclusive, of this act limits the authority of the commission to take disciplinary action against a licensee for a violation for any of the provisions of chapter 645 of NRS, or of the rules and regulations of the commission, nor shall the repayment in full of all obligations to the fund by any licensee nullify or modify the effect of any other disciplinary proceeding brought pursuant to the provisions of chapter 645 of NRS or the rules and regulations promulgated thereunder.
Sec. 15. NRS 645.830 is hereby amended to read as follows:
645.830 The following fees shall be charged by and paid to the real estate division:
For each real estate brokers examination...................................................... $40
For each original real estate brokers, broker-salesmans or corporate officers license..................................................................................................... 40
For each renewal real estate brokers, broker-salesmans or corporate officers license, [on and after July 1, 1964,] for 1 year or fraction thereof.. 40
For each licensed real estate brokers or salesmans original license or renewal, in addition to the renewal fee, for the real estate education, research and recovery fund......................................................................................... 10
For each real estate salesmans examination................................................. 40
For each original real estate salesmans license............................................ 25
For each renewal real estate salesmans license, [on and after July 1, 1964,] for 1 year or fraction thereof......................................................................... 25
For each branch office brokers license, for 1 year or fraction thereof...... 25
For each change of name or address.............................................................. 10
For each transfer of real estate salesmans license on change of employer 10
For each duplicate license or pocket card where the original license or pocket card is lost or destroyed, and affidavit made thereof............................... 10
For each reinstatement of a real estate brokers or salesmans license..... 10
For each reinstatement of a real estate brokers or salesmans license when a licensee fails to give written notice to the commission within 30 days of a change of name, address or broker-employer................................... 20
For each change of status from broker to broker-salesman, or the reverse 10
For each certificate issued to an out-of-state broker licensee for 1 year or fraction thereof..................................................................................................... 40
Sec. 16. NRS 645.500 is hereby repealed.
Sec. 17. This act shall become effective upon passage and approval for the purposes of requiring payment of the additional renewal fee prescribed by sections 4 and 15 of this act and of establishing the fund created by section 3 of this act. For all other purposes this act shall become effective on July 1, 1967.
________
κ1967 Statutes of Nevada, Page 1047κ
Senate Bill No. 191Committee on Finance
CHAPTER 379
AN ACT relating to salaries and compensation of employees of the State of Nevada in the classified service; appropriating moneys from the general fund and the state highway fund in the state treasury for the purpose of effecting pay grade adjustments for employees of the State of Nevada in the classified service for the biennium commencing July 1, 1967, and ending June 30, 1969; imposing certain duties on the chief of the personnel division of the department of administration and the state board of examiners; providing for the reversion of unexpended moneys; to amend NRS 284.175, relating to the state pay plan, by adding certain limitations; and providing other matters properly relating thereto.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. Except as otherwise provided in section 2, there is hereby appropriated from the general fund in the state treasury, for the fiscal periods from July 1, 1967, to June 30, 1968, and from July 1, 1968, to June 30, 1969, the sums of $600,000 and $600,000, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may be created between the appropriated funds of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 54th session of the legislature, and the salary requirements of classified personnel of such departments, commissions and agencies needed under an adjusted pay plan to become effective on and after July 1, 1967.
2. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of the funds herein appropriated, such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs of such respective departments, commissions and agencies under the adjusted pay plan.
Sec. 2. 1. There is hereby appropriated from the state highway fund for the fiscal periods from July 1, 1967, to June 30, 1968, and from July 1, 1968, to June 30, 1969, the sums of $185,000 and $192,000, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may exist between the appropriated funds of the department of motor vehicles as fixed by the 54th session of the legislature, and the salary requirements of classified personnel of the department of motor vehicles needed under an adjusted pay plan to become effective on and after July 1, 1967.
2. There is hereby appropriated from the state highway fund for the fiscal periods from July 1, 1967, to June 30, 1968, and from July 1, 1968, to June 30, 1969, the sums of $6,311 and $6,920, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may exist between the appropriated funds of the public service commission of Nevada as fixed by the 54th session of the legislature, and the salary requirements of classified personnel of the public service commission of Nevada needed under an adjusted pay plan to become effective on and after July 1, 1967.
κ1967 Statutes of Nevada, Page 1048 (CHAPTER 379, SB 191)κ
the salary requirements of classified personnel of the public service commission of Nevada needed under an adjusted pay plan to become effective on and after July 1, 1967.
3. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the department of motor vehicles and the public service commission of Nevada out of the funds appropriated by subsections 1 and 2 such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amounts of money required to meet and pay the salary needs of the department of motor vehicles and the public service commission of Nevada under the adjusted pay plan.
Sec. 3. The balance of any moneys appropriated by sections 1 and 2 for a specific fiscal year remaining unexpended at the end of such fiscal year shall revert to the fund from which such moneys were appropriated.
Sec. 4. NRS 284.175 is hereby amended to read as follows:
284.175 1. After consultation with appointing authorities and state fiscal officers, and after a public hearing and approval by the commission, the chief shall prescribe rules and regulations for a pay plan for all employees in the classified service.
2. The pay plan and amendments thereto shall become effective only after approval by the commission and the governor.
3. The chief shall prepare a pay plan and ranges for each class, grade or group of positions in the classified service. Each employee shall be paid at one of the rates set forth in the pay plan for the class of position in which he is employed and at such time as necessary funds are made available for such payment.
4. The chief shall prescribe rules and regulations that provide for progression through the rate ranges based on merit and fitness alone. Upon approval of the commission such rules and regulations shall become effective.
5. No employee in the classified service may receive a salary exceeding $20,000 a year, unless such salary has been set or changed by legislative action.
6. Except as otherwise provided in this subsection, no employee in the classified service may receive a salary in excess of 95 percent of the salary received by his immediate supervisor if his immediate supervisor is in the unclassified service. The provisions of this subsection shall not:
(a) Be construed to effect a reduction of the salary of any employee in the classified service on the effective date of this act.
(b) Apply to physicians, surgeons and dentists in full-time employment with the state and to engineers employed by the state planning board.
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κ1967 Statutes of Nevada, Page 1049κ
Assembly Bill No. 457Mr. Lowman
CHAPTER 380
AN ACT relating to childrens camps; to provide for licensing and inspection of childrens camps; to prescribe minimum standards; to exempt certain employees from the wage and hour law; providing a penalty; and providing other matters properly relating thereto.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 444 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in sections 2 to 12, inclusive, of this act:
1. Childrens camp means any land with permanent buildings, tents or other structures established or maintained as living quarters where both food and lodging or the facilities therefor are provided for minors, operated continuously on a 24-hour basis for a period of 5 days or more each year for religious, recreational or vacation purposes, either free of charge or for a fee, but does not include any camps owned or leased for individual or family use, penal or correctional purposes, or places operated for the education, care or treatment of children.
2. Person means any individual, partnership, firm, corporation or association.
Sec. 3. 1. The boards of health of health districts and counties shall issue licenses to qualified applicants for the operation of childrens camps. No childrens camp may be operated without first obtaining such a license.
2. Annually or before May 1, every person operating or seeking to operate a childrens camp shall make application in writing to the board of health of the appropriate health district or county for a license to conduct a childrens camp. The application shall be in such form and shall contain such information as the board of health finds necessary to determine that the childrens camp will be operated and maintained in accordance with the standards prescribed by sections 2 to 12, inclusive, of this act.
3. When a person operates or is seeking to operate more than one childrens camp, a separate application shall be made, and license obtained, for each camp.
4. The license shall be posted in a conspicuous place on the premises occupied by each camp.
Sec. 4. The fee for a childrens camp license shall be $25 for the first license and $10 for each renewal of the license thereafter.
Sec. 5. 1. Every childrens camp shall be located on well drained ground near an adequate safe water supply.
2. The general layout of a childrens camp shall be planned to lessen fire, accident and disease hazards.
3. In every childrens camp all kitchen, toilet, bath and other drainage shall be disposed of in such manner as to prevent fly and mosquito breeding and the pollution of any water or food supply.
4. A reasonable number of watertight metal garbage containers with lids shall be provided. The containers shall be emptied and cleaned as necessary, and the garbage disposed of in accordance with minimum standards of the appropriate board of health of a health district or county.
κ1967 Statutes of Nevada, Page 1050 (CHAPTER 380, AB 457)κ
necessary, and the garbage disposed of in accordance with minimum standards of the appropriate board of health of a health district or county.
Sec. 6. 1. All food storage, preparation and service space and equipment in childrens camps shall be maintained clean and free from dust and insects, and the equipment shall be disinfected after each use.
2. Refrigeration equipment in such camps shall be available with provisions for preserving perishable foods in a temperature of not over 50° F.
3. Each such camp shall be provided with a water supply of sufficient quantity of a safe sanitary quality, meeting the minimum standards of the board of health of the appropriate health district or county.
4. Cross- or back-flow connections with contaminated water supplies or other possible sources of contamination are prohibited in such camps.
Sec. 7. 1. Every childrens camp shall be provided with privies or with suitable toilets and with disposal systems meeting minimum health requirements of the board of health of the appropriate health district or county.
2. One toilet or one privy shall be provided for every 15 persons or fraction thereof in the camp population.
3. Privies shall be located at least 125 feet from any source of domestic water and shall at all times be maintained in good repair and in a clean and sanitary condition.
Sec. 8. 1. The board of health of the appropriate health district or county may make such inspections of each childrens camp as it finds necessary and when it is found that there is a failure to comply with any of the standards prescribed by sections 2 to 12, inclusive, of this act, such board of health shall give notice to the camp operator of such failure, which notice shall set forth the law violated.
2. The childrens camp operator shall have a reasonable time after receiving such notice in which to correct such failure and to comply with the standards prescribed by this chapter.
3. In the event the camp operator fails to comply with the requirements of such notice within a reasonable time such board of health may suspend or revoke his license.
Sec. 9. When a license has been suspended or revoked by the board of health of an appropriate health district or county, it shall be reinstated upon compliance with the standards prescribed by sections 2 to 12, inclusive, of this act.
Sec. 10. Any person employed by a childrens camp on a written contract basis for a specified term longer than 1 week is exempt from the provisions of NRS 608.250 to 608.290, inclusive, and chapter 609 of NRS relating to daily and weekly hours of labor only if such camp is operated by a nonprofit organization which is exempt from federal income tax under I.R.C. § 501.
Sec. 11. Nothing in sections 2 to 12, inclusive, of this act shall be interpreted to limit the powers and duties of the health division prescribed by NRS 439.170 and 439.570.
Sec. 12. Any person who violates any provision of sections 2 to 10, inclusive, of this act is guilty of a misdemeanor.
________
κ1967 Statutes of Nevada, Page 1051κ
Assembly Bill No. 6Mr. Tim Hafen
CHAPTER 381
AN ACT making an appropriation from the general fund in the state treasury to the University of Nevada for the purpose of agricultural research and demonstration in the Pahrump Valley.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the University of Nevada for agricultural research and demonstration in the Pahrump Valley and other associated areas:
For the fiscal year ending June 30, 1968................................................. $26,000
For the fiscal year ending June 30, 1969................................................. 26,500
________
Assembly Bill No. 70Mr. Bishop, Miss Dungan, Mr. Harris, Mesdames Brookman, Tyson, Messrs. Mello, Manning, May, Garfinkle, Mrs. Frazzini, Messrs. Hilbrecht, Schouweiler and Dini
CHAPTER 382
AN ACT to amend chapter 477 of NRS, relating to the state fire marshal, by authorizing him to appoint one deputy.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 477 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state fire marshal is authorized to appoint one deputy to assist him in carrying out the provisions of this chapter.
2. The deputy appointed by the state fire marshal pursuant to subsection 1 shall be in the classified service of the state in accordance with the provisions of chapter 284 of NRS.
________
κ1967 Statutes of Nevada, Page 1052κ
Assembly Bill No. 237Committee on Agriculture, Irrigation and Livestock
CHAPTER 383
AN ACT relating to underground waters; to increase the number of petitioners required for supervision by the state engineer; to require a permit before diverting certain waters; and providing other matters properly relating thereto.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 534.030 is hereby amended to read as follows:
534.030 1. Upon receipt by the state engineer of a petition requesting him to administer the provisions of NRS 534.010 to 534.190, inclusive, as relating to designated areas, signed by not less than [15] 40 percent of the [owners of wells,] appropriators of record in the office of the state engineer, in any particular basin or portion therein, having a legal right to appropriate underground water therefrom, he shall:
(a) Cause to be made the necessary investigations to determine if such administration would be justified.
(b) If his findings are affirmative, designate such area by basin, or portion therein, and shall make an official order describing the boundaries by legal subdivision as nearly as possible.
(c) Proceed with the administration of NRS 534.010 to 534.190, inclusive, as provided for herein.
2. In the absence of such a petition from the owners of wells in a ground water basin which the state engineer has found, after due investigation, to be in need of administration as relating to designated areas, the state engineer may upon his own motion enter an order in the same manner as if a petition, as described in subsection 1, had been received.
3. Such order of the state engineer may be reviewed by the district court of the county pursuant to NRS 533.450.
4. Such supervision shall be exercised on all wells tapping artesian water or water in definable underground aquifers drilled subsequent to March 22, 1913, and on all wells tapping percolating water, the course and boundaries of which are incapable of determination, drilled subsequent to March 25, 1939, except those wells coming under the provisions of NRS 534.180.
5. Within any ground water basin which has been designated or which may hereafter be so designated by the state engineer, except ground water basins subject to the provisions of NRS 534.035, and wherein a water conservation board has been created and established or wherein a water district has been created and established by law to furnish water to an area or areas within the basin or for ground water conservation purposes, the state engineer, in his discretion and in the administration of the ground water law, is hereby authorized and directed to avail himself of the services of the governing body of such water district or the water conservation board, or either or both of them, in an advisory capacity. Upon request of the state engineer, the governing body or water board shall furnish such advice and assistance to the state engineer as he may deem necessary for the purpose of the conservation of ground water within the areas affected. The services of such governing body or water conservation board shall be without compensation from the state, and the services so rendered shall be upon reasonable agreements effected with and by the state engineer.
κ1967 Statutes of Nevada, Page 1053 (CHAPTER 383, AB 237)κ
conservation board shall be without compensation from the state, and the services so rendered shall be upon reasonable agreements effected with and by the state engineer.
Sec. 2. NRS 534.050 is hereby amended to read as follows:
534.050 1. Every person desiring to sink or bore a well in any basin or portion therein in the state designated by the state engineer, as provided for in NRS 534.010 to 534.190, inclusive, shall first make application to and obtain from the state engineer a permit to appropriate such water, in accordance with the provisions of chapter 533 of NRS relating to the appropriation of the public waters, before performing any work in connection with the boring or sinking of such well.
2. In other basins or portions therein which have not been designated by the state engineer no application or permit to appropriate such water is necessary until after the well is sunk or bored and water developed. Before any legal diversion of water can be made from the well, the appropriator must make application to and obtain from the state engineer, in accordance with the provisions of chapter 533 of NRS, [for] a permit to appropriate such water.
3. Any person using water after a permit has been withdrawn, denied, canceled, revoked or forfeited is guilty of a misdemeanor. Each day of violation of this subsection shall constitute a separate offense and be separately punishable.
Sec. 3. NRS 534.090 is hereby amended to read as follows:
534.090 1. Failure for 5 successive years on the part of the holder of any right, whether it be an adjudicated right, an unadjudicated right, or permitted right, and further whether such right be initiated after or before March 25, 1939, to use beneficially all or any part of the underground water for the purpose for which such right shall be acquired or claimed, shall work a forfeiture of both undetermined rights and [an abandonment of] determined rights of the right to the use of such water to the extent of such nonuse. Upon the forfeiture of a right to the use of ground water, such water shall revert to the public and shall be available for further appropriation, subject to existing rights. If, upon notice by registered or certified mail to the person of record whose right has been declared forfeited, such person fails to appeal such ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the forfeiture becomes final.
2. A right to use underground water whether it be vested or otherwise may be lost by abandonment. If the state engineer, in investigating a ground water source, upon which there has been a prior right, for the purpose of acting upon an application to appropriate water from the same source, is of the belief from his examination that an abandonment has taken place, he shall so state in his ruling approving the application. If, upon notice by registered or certified mail to the person of record who had the prior right, such person fails to appeal such ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the alleged abandonment declaration as set forth by the state engineer becomes final.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1054κ
Assembly Bill No. 245Committee on Social Welfare
CHAPTER 384
AN ACT to amend NRS 422.270, relating to the powers and duties of the director of the department of health and welfare, by recognizing the welfare division of the department of health and welfare as the single state agency to administer the Older Americans Act.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 422.270 is hereby amended to read as follows:
422.270 The director, through the welfare division, shall:
1. Administer all public welfare programs of this state, including old-age assistance, blind assistance, aid to dependent children, general assistance, child welfare services, and such other welfare activities and services as now are or hereafter may be authorized or provided for by the laws of this state and vested in the welfare division.
2. Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal funds granted to the state to aid in the furtherance of any services and activities as set forth in subsection 1 [.] , including such federal funds granted to the state pursuant to 42 U.S.C. §§ 3001-3053.
3. Make rules and regulations for the administration of this chapter which shall be binding upon all recipients and local units.
4. Monitor, explore and research the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting such needs, employing or contracting for such personnel and services as may be provided through legislative appropriations from the general fund or may become available through legislatively authorized or new funds from federal or other sources.
5. Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of such methods of administration as may be found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious utilization of new federal grants which will assist the division to fulfill the terms of this chapter.
6. Make all investigations required by a court in adoption proceedings as provided by law.
7. Establish reasonable minimum standards and regulations for foster homes, and shall license the same as provided by law.
8. Provide services and care to children, shall receive any child for placement, and shall provide for their care directly or through agents.
9. Cooperate and advise with the state welfare board and the superintendent of the Nevada state childrens home in such matters as may be referred to the welfare division by the state welfare board or the superintendent of the Nevada state childrens home.
10. Have the power to enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1055κ
Assembly Bill No. 290Committee on Education
CHAPTER 385
AN ACT relating to the Western Regional Higher Education Compact, providing that a Nevada student who attends an out-of-state school under such compact is not required to practice his profession in Nevada.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 397.060 is hereby amended to read as follows:
397.060 [1.] The commissioners shall:
[(a)] 1. Choose from among Nevada residents who apply those most qualified for contract places; and
[(b)] 2. Certify them to receiving institutions.
[2. Before certifying a student the commissioners shall, on behalf of the state, enter into a written contract with the student. The contract shall:
(a) Set forth the methods and terms of repayment by the student to the state and shall be on terms and conditions and in a form provided by the commissioners.
(b) Provide that the student shall, within 1 year after completing his professional education and internship, begin the practice of his profession within Nevada.
(c) Provide that if the student engages in the practice of his profession within the state his indebtedness to the state may be discharged:
(1) If he practices his profession in a city or town of 3,000 population or less, at the rate of 1 year of practice for each 1 year of study for which a portion of the cost was paid by the state; or
(2) By payment to the state of all sums owed by the student within 6 years after the completion of his professional education and internship together with interest at the rate of 4 percent per annum from the date or dates of disbursement by the state.
3. No student shall be required to repay to the state more than an amount equal to the tuition he would have been required to pay as an out-of-state student for the period of his attendance at the university he attends, notwithstanding that the state may have expended a larger amount on his behalf.]
Sec. 2. The State of Nevada hereby relinquishes its right to receive any payment in money or services accruing after the effective date of this act under any contract made pursuant to NRS 397.060 prior to its amendment by this act.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1056κ
Assembly Bill No. 306Clark County Delegation
CHAPTER 386
AN ACT to amend NRS 426.600, relating to blind persons, by eliminating the age requirement as a condition for receiving services to the blind.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 426.600 is hereby amended to read as follows:
426.600 No blind person who may benefit from services authorized under NRS 426.520 to 426.620, inclusive, [and who is 16 years of age or older, or who will be 16 years of age or older upon completion of such services,] shall be denied such services except the services for which a determination of economic need is required by the Federal Government as a condition of reimbursement to this state.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 322Clark County Delegation
CHAPTER 387
AN ACT to amend NRS 321.536, relating to the use of the Fort Mohave Valley development fund, by providing for the deposit of funds from the development or disposition of lands in the Fort Mohave Valley development fund instead of the general fund.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 321.536 is hereby amended to read as follows:
321.536 1. The Colorado River commission may use so much of the moneys in the Fort Mohave Valley development fund as may be necessary to develop and dispose of the lands described in NRS 321.534.
2. Any moneys received from the development or disposition of such lands shall be deposited in the [general fund.] Fort Mohave Valley development fund.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1057κ
Assembly Bill No. 339Committee on Judiciary
CHAPTER 388
AN ACT relating to the administration of estates of deceased persons; to amend NRS 139.040, relating to the order of priority of right to letters of administration and priority of nominees, by providing that a nonresident may nominate a resident for appointment with the same priority as a resident nominator; to amend NRS 253.050, relating to the compensation of public administrators, by authorizing compensation to be paid public administrators for services performed in preserving certain assets of estates of deceased persons; and providing other matters properly relating thereto.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 139.040 is hereby amended to read as follows:
139.040 1. Administration of the estate of a person dying intestate shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order:
(a) The surviving husband or wife.
(b) The children.
(c) The father or the mother.
(d) The brother.
(e) The sister.
(f) The grandchildren.
(g) Any other of the kindred entitled to share in the distribution of the estate.
(h) Creditors who have become such during the lifetime of the deceased.
(i) The public administrator.
(j) Any of the kindred not above enumerated, within the fourth degree of consanguinity.
(k) Any person or persons legally competent.
2. [Persons in each of the foregoing classes shall have the right of nomination and appointment, and a nominated and appointed person shall have the same priority as his nominator and appointer.] A person in each of the foregoing classes is entitled:
(a) To appointment, if such person is a resident of the State of Nevada.
(b) To nominate a resident of the State of Nevada for appointment, whether or not the nominator is a resident of the State of Nevada. The nominee shall have the same priority as his nominator. Such priority is independent of the residence of the nominator.
Sec. 2. NRS 253.050 is hereby amended to read as follows:
253.050 1. For the administration of the estates of deceased persons, public administrators shall be paid as other administrators or executors are paid.
2. The public administrator may be compensated by the court for services performed in preserving the personal property of an estate of a deceased person prior to the appointment of an administrator.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1058κ
Assembly Bill No. 406Committee on State Institutions and Libraries
CHAPTER 389
AN ACT relating to public libraries; to group and harmonize the provisions concerning county, district and town libraries; to conform the provisions concerning city libraries to other laws concerning cities; and providing other matters properly relating thereto.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 379 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in NRS 379.010 to 379.060, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires:
1. County library means a library established pursuant to NRS 379.010.
2. District library means a library established pursuant to section 3 of this act.
3. Town library means a library existing pursuant to section 5 of this act.
Sec. 3. 1. Whenever in any county a petition or petitions praying for the formation of a county library district and the establishment of a free public library therein setting forth the boundaries of the proposed library district, certified by the district judge of any judicial district as being signed by 10 percent of the taxpayers or by taxpayers representing 10 percent of the taxable property in the proposed county library district, as shown by the last-preceding assessment roll of the county, is presented to the board of county commissioners of the county in which the territory of the proposed county library district is situated, accompanied by an affidavit or affidavits of one or more of the signers thereof that the signatures thereto are genuine, the board of county commissioners shall, at their next regular meeting after the petition or petitions are so presented:
(a) Pass a resolution to the effect that a county library district with properly defined boundaries is to be established and cause to be published a notice thereof in a newspaper of general circulation within the district once a week for a period of 2 weeks; and
(b) Allow 30 days after the first publication of the notice during which all taxpayers of the district in which the district library is to be situated shall have the right to file protests with the county clerk.
2. If the aggregate of protests is less than 10 percent of the taxpayers voting in the last general election, the board of county commissioners shall order the creation of such county library district and the establishment of a free public library therein and levy taxes in support and continued maintenance of such library in accordance with subsection 5.
3. If the aggregate of protests is more than 10 percent of the taxpayers voting in the last general election, the board of county commissioners shall:
(a) Proceed no further with reference to the establishment of a county library district without submitting the question to the voters; and
(b) Hold the election as soon as practicable and as nearly as may be in accordance with the general election laws of the state.
κ1967 Statutes of Nevada, Page 1059 (CHAPTER 389, AB 406)κ
4. If the majority of votes cast at such election is against the establishment of the county library district, it shall be deemed lost and the board of county commissioners shall proceed no further. If the majority of votes is in favor of the county library district, the board of county commissioners shall, within 10 days after such election, order the creation of the county library district and establishment of a free public library therein.
5. Upon the creation of a county library district and establishment of a free public library therein, the board of county commissioners shall, at the next time for levying taxes and in each year thereafter, at the time and in the manner other taxes are levied, levy a tax upon all taxable property in the county library district of not more than 15 cents on each $100 valuation thereof, for the purpose of creating and maintaining a fund known as the library fund.
Sec. 4. 1. After ordering the creation of a county library district and the establishment of a free public library therein as provided in section 3 of this act, the board of county commissioners shall appoint five competent persons who are residents of such county library district who shall be known as district library trustees. The trustees so appointed shall serve until their successors have been elected and qualified. The first election of trustees shall be at the first general election which occurs more than 4 months following the creation of the county library district. The terms of all district library trustees appointed subsequent to March 1, 1965, shall expire on the election and appointment of their successors. District library trustees appointed prior to March 1, 1965, shall determine whether appointment or election of trustees is in the best interests of library service in the districts which they serve, and proceed accordingly.
2. At the first election of district library trustees in any county library district, five trustees shall be elected at large as follows:
(a) Three persons shall be elected for a term of 2 years.
(b) Two persons shall be elected for a term of 4 years.
(c) Thereafter, at each general election, the offices of district library trustees shall be filled for terms of 4 years in the order in which the terms expire.
3. If a board of district library trustees has determined pursuant to subsection 1 that trustees should be appointed, the term of each member of such board shall expire on the date provided at the time of his appointment, and at the expiration of each such term the board of county commissioners shall appoint a competent person resident in the county library district to serve for a term of 4 years.
4. A vacancy in the office of district library trustee which occurs other than by expiration of the term shall be filled by appointment by the board of county commissioners for the unexpired term.
5. District library trustees shall serve without compensation.
Sec. 5. 1. Any free public library existing on the effective date of this act which was established in an unincorporated town pursuant to the provisions of chapter 90, Statutes of Nevada 1895, or of NRS 379.070 to 379.120, inclusive, may be maintained pursuant to NRS 379.010 to 379.040, inclusive, and section 2 of this amendatory act.
2. So long as such library is so maintained, the board of county commissioners of the county in which such library exists shall each year, at the time and in the manner other taxes are levied, levy a tax of not more than 15 cents on each $100 of assessed valuation upon all taxable property in such unincorporated town for the purpose of maintaining a fund to be known as the town library fund.
κ1967 Statutes of Nevada, Page 1060 (CHAPTER 389, AB 406)κ
the time and in the manner other taxes are levied, levy a tax of not more than 15 cents on each $100 of assessed valuation upon all taxable property in such unincorporated town for the purpose of maintaining a fund to be known as the town library fund.
Sec. 6. NRS 379.010 is hereby amended to read as follows:
379.010 1. Each board of county commissioners of the several counties may set apart a sum of money to be used in the establishment and maintenance of a free public library in the county seat of each county; and each year thereafter the board of county commissioners may set apart an amount of money adequately sufficient to maintain the same.
2. The fund so created shall be known as the [public] county library fund.
Sec. 7. NRS 379.020 is hereby amended to read as follows:
379.020 1. The board of county commissioners shall appoint five competent persons who are residents of the county, who shall be known as county library trustees. Three [library] trustees shall hold office for the terms of 1, 2 and 3 years respectively, and two [library] trustees shall hold office for terms of 4 years. Annually thereafter, the board of county commissioners shall appoint one [library] trustee who shall hold office for a term of 4 years, except that in those years in which the terms of two [library] trustees expire, the board of county commissioners shall appoint two [library] trustees for terms of 4 years. [Library] County library trustees shall hold office until their successors are appointed and qualified.
2. All vacancies which may occur at any time in the office of county library trustee shall be filled by appointment by the board of county commissioners.
3. [Library] County library trustees shall serve without compensation.
Sec. 8. NRS 379.025 is hereby amended to read as follows:
379.025 1. The library trustees of any county [free public] , district or town library, and their successors, shall [hold] :
(a) Hold and possess the property and effects of the library and reading room in trust for the public.
(b) In the case of a county library, submit annual budgets to the board of county commissioners, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.
(c) In the case of a district or town library, prepare annual budgets in accordance with NRS 354.470 to 354.626, inclusive.
2. The library trustees may:
(a) Establish, supervise and maintain a library and reading room.
(b) Make purchases and secure rooms.
(c) Appoint a librarian and other officers and employ assistants.
(d) Establish bylaws and regulations for the management of the library and their own management.
(e) Manage all the property, real and personal, of the library.
(f) [Submit annual budgets to the governing body of the county, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.
κ1967 Statutes of Nevada, Page 1061 (CHAPTER 389, AB 406)κ
(g)] Acquire and hold real and personal property, by gift, purchase or bequest, for the library and reading room.
[(h)] (g) Administer any trust declared or created for the library and reading room.
[(i)] (h) Maintain or defend any action in reference to the property or affairs of the library and reading room.
[(j)] (i) Do all acts necessary for the orderly and efficient management and control of the library.
Sec. 9. NRS 379.026 is hereby amended to read as follows:
379.026 1. The library trustees of any county [free public] , district or town library are authorized to establish with the county treasurer, as custodian, a special fund, which fund shall be known as the county library gift fund [.] , the .................... district library gift fund, or the .................... town library gift fund, as the case may be. The moneys in such fund shall be derived from all or any part of any gift, bequest or devise, including the interest thereon. Such fund shall be a separate and continuing fund and no moneys in such fund shall revert to the general fund of the county at any time.
2. The moneys in a [county] library gift fund may be used for construction of new library buildings, capital improvements to library buildings, special library services, or other library purposes. No expenditure from a [county] library gift fund shall be made until authorized by the library trustees.
3. The library trustees [of a county free public library] may invest or reinvest all or part of the moneys in the [county] library gift fund in any investment authorized for city and county moneys under chapter 355 of NRS.
Sec. 10. NRS 379.027 is hereby amended to read as follows:
379.027 The librarian of any county [free public] , district or town library shall administer all functions of the library and carry out the policies established by the library trustees.
Sec. 11. NRS 379.030 is hereby amended to read as follows:
379.030 1. All claims for indebtedness incurred or created by the library trustees of any county, district or town library shall:
(a) Be audited by a majority of the library trustees; and
(b) Be presented to and acted upon by the board of county commissioners; and
(c) Be paid out of the [public] appropriate library fund in the same manner as claims against the county are presented, acted upon and paid.
2. No indebtedness in excess of the amount provided for in NRS 379.010, section 3 or section 5 of this act, respectively, shall be incurred by the library trustees or allowed by the board of county commissioners. In no case shall any claim except for library and reading room purposes be allowed or paid out of the [public] appropriate library fund.
3. Any moneys remaining in the [public] county library fund on June 30 of any year shall revert to the general fund of the county.
Sec. 12. NRS 379.040 is hereby amended to read as follows:
379.040 The library and reading room of any county, district or town library shall forever be and remain free and accessible to the public, subject to such reasonable rules and regulations as the library trustees may adopt.
κ1967 Statutes of Nevada, Page 1062 (CHAPTER 389, AB 406)κ
Sec. 13. NRS 379.050 is hereby amended to read as follows:
379.050 1. Whenever a new [public] county library shall be provided for in any county having a population of 15,000 or more persons, the library trustees of any [county library] district library in the county previously established are authorized to transfer all books, funds, equipment or other property in the possession of such trustees to the new library upon the demand of the library trustees of the new library.
2. Whenever there are two or more county library districts in any county having a population of 15,000 or more persons, such districts may merge into one county library district upon approval of the library trustees of the merging districts.
3. All expenses incurred in making such transfer or merger shall be paid out of the general fund of the new library.
Sec. 14. NRS 379.060 is hereby amended to read as follows:
379.060 1. The library trustees of any county [free] or district library shall cooperate with and enter into contracts with the board of county commissioners of any other county, or with any city or town in any other county, or with any school district, when necessary to secure to the residents of such other county, or to the residents of such city or town in such other county, or to the pupils of the school district, the same privileges of the county [free] or district library as are granted to or enjoyed by the residents of the county [having a county free library,] or county library district, or such privileges as may be agreed upon in the contract. The consideration agreed upon shall be specified in the contract, and the same shall be paid into the [public] county or district library fund or a special fund for library purposes of the county providing the service.
2. Any contracting county, city, town or school district may terminate any such contract which may be entered into upon such terms as may be agreed upon by the parties thereto.
3. Any county, city or town wherein a library has been established may cooperate with and contract with the library trustees of any county [free] , district or town library to obtain for the residents of such county, city or town an increase in library services or such privileges as may be agreed upon.
4. The library trustees of any county [free] or district library may cooperate with and contract with the board of county commissioners of any other county, relative to any phase of library service.
5. Any county, city or town contracting for such library service may at any time establish a library for the use of its inhabitants, whereupon its contract for such service may be continued or terminated on such terms as may be agreed upon by the parties thereto.
6. The tax-levying body of any county, city or town contracting to receive such library services is authorized to budget for and levy a tax in an amount not to exceed 10 cents per $100 of assessed valuation to meet the terms of the contract. The board of trustees of a school district may budget to meet the terms of the contract.
7. The library trustees of the county [free] or district library providing such services may expend any amounts received in consideration of any such contract in addition to the amount budgeted for the county [free] or district library.
κ1967 Statutes of Nevada, Page 1063 (CHAPTER 389, AB 406)κ
8. Any law which conflicts with the financial provisions of this section shall not apply to any contract entered into under the provisions of this section.
Sec. 15. NRS 379.070 is hereby amended to read as follows:
379.070 [1. Whenever in any county a petition or petitions praying for the establishment of a free public library, certified by the district judge of any judicial district as being signed by a majority of the taxpayers or by taxpayers representing a majority of the taxable property, as shown by the last preceding assessment roll of any city or unincorporated town, shall be presented to the board of county commissioners of the county in which the city or unincorporated town is situated, accompanied by an affidavit or affidavits of one or more of the signers thereof that the signatures thereto are genuine, the board of county commissioners shall, within 10 days after the petition or petitions are so presented:
(a) Order the establishment of the free public library; and
(b) Levy a tax upon all taxable property in the city or unincorporated town of not less than 5 cents nor more than 15 cents of each $100 valuation of taxable property therein for the purpose of creating a fund to be known as the library fund.
2. Each year thereafter, at the time and in the manner other taxes are levied, the board of county commissioners shall levy a tax upon such property for such purpose of not more than 15 cents on each $100 valuation thereof.] Any free public library which has been established in a city pursuant to chapter 90, Statutes of Nevada 1895, or any other law prior to the effective date of this act or which is established after the effective date of this act may be maintained and shall be governed by the provisions of NRS 379.070 to 379.120, inclusive.
Sec. 16. NRS 379.105 is hereby amended to read as follows:
379.105 1. The [library trustees of any city or town free public library, and their successors, shall:
(a) Hold and possess the property and effects of the library and reading room in trust for the public.
(b) Prepare annual budgets in accordance with NRS 354.470 to 354.626, inclusive.
2. The] governing body of the city shall determine whether:
(a) To constitute itself the governing authority of the library; or
(b) To appoint a board of trustees as such governing authority.
2. If library trustees are appointed, they and their successors shall:
(a) Hold and possess the property and effects of the library and reading room in trust for the public; and
(b) Submit annual budgets to the governing body of the city, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.
3. If appointed, the library trustees may:
(a) Establish, supervise and maintain a library and reading room.
(b) Make purchases and secure rooms.
(c) Appoint a librarian and other officers and employ assistants.
(d) Establish bylaws and regulations for the management of the library and their own management.
(e) Manage all the property, real and personal, of the library.
κ1967 Statutes of Nevada, Page 1064 (CHAPTER 389, AB 406)κ
(f) Acquire and hold real and personal property, by gift, purchase or bequest, for the library and reading room.
(g) Administer any trust declared or created for the library and reading room.
(h) Maintain or defend any action in reference to the property or affairs of the library and reading room.
(i) Do all acts necessary for the orderly and efficient management and control of the library.
Sec. 17. NRS 379.106 is hereby amended to read as follows:
379.106 1. The [library trustees] governing authority of any city [or town] free public library [are] is authorized to establish with the [county] city treasurer, as custodian, a special fund, which shall be known as the .................... city [(town)] library gift fund. The moneys in such fund shall be derived from all or any part of any gift, bequest or devise, including the interest thereon. Such gift fund shall be a separate and continuing fund and no moneys in such fund shall revert to the general fund of the [county] city at any time.
2. The moneys in a city [or town] library gift fund may be used for construction of new library buildings, capital improvements to library buildings, special library services, or other library purposes. No expenditure from a city [or town] library gift fund shall be made until authorized by the [library trustees.] governing authority.
3. The [library trustees] governing authority of a city [or town] free public library may invest or reinvest all or part of the moneys in the city [or town] library gift fund in any investment authorized for city and county moneys under chapter 355 of NRS.
Sec. 18. NRS 379.107 is hereby amended to read as follows:
379.107 The librarian of any city [or town] free public library shall administer all functions of the library and carry out the policies established by the [library trustees.] governing authority.
Sec. 19. NRS 379.120 is hereby amended to read as follows:
379.120 The library and reading room shall forever be and remain free and accessible to the people of the city, [unincorporated town or county library district,] subject to such reasonable rules and regulations as the [library trustees] governing authority may adopt.
Sec. 20. NRS 379.080, 379.090, 379.110, 379.130 and 379.140 are hereby repealed.
________
Assembly Bill No. 472Mr. Bryan Hafen
CHAPTER 390
AN ACT relating to public employees retirement; providing that survivor benefits will accrue to certain dependents of a member whose death occurs while he is on leave of absence under certain circumstances.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.672 is hereby amended to read as follows:
286.672 1. If a deceased member has had 2 years of accredited contributing service in the 2 1/2 years immediately preceding his death and not less than 6 months of accredited contributing service in the 7 months immediately preceding his death, or if he was receiving at the time of his death a disability allowance under NRS 286.620, certain of his dependents shall be eligible for payments as provided in NRS 286.671 to 286.6791, inclusive.
κ1967 Statutes of Nevada, Page 1065 (CHAPTER 390, AB 472)κ
and not less than 6 months of accredited contributing service in the 7 months immediately preceding his death, or if he was receiving at the time of his death a disability allowance under NRS 286.620, certain of his dependents shall be eligible for payments as provided in NRS 286.671 to 286.6791, inclusive. If the death of such member resulted from a mental or physical condition which required him to leave active service, such eligibility shall extend for 18 months after such member left active service.
2. If the death of a member occurs while he is on leave of absence granted by his employer for further training, and if he met the requirements of subsection 1 at the time such leave began, certain of his dependents shall be eligible for payments as provided in subsection 1.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 507Committee on Ways and Means
CHAPTER 391
AN ACT to amend Title 23 of NRS, relating to public officers and employees, by adding a new chapter providing for merit awards to state employees who offer suggestions that are put into effect to improve state government; making an appropriation; and providing other matters properly relating thereto.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 23 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in this chapter:
1. Adoption means the putting of an employee suggestion into effect.
2. Board means the merit award board.
3. Employee suggestion means a proposal by a state employee which would:
(a) Reduce or eliminate state expenditures; or
(b) Improve the operation of state government.
4. Merit award means an award to a state employee for an adopted suggestion in the form of either the governors certificate of commendation or a cash payment.
5. State employee means any person employed by a state agency who is not the head of the department.
Sec. 3. 1. There is hereby established a merit award program for state employees.
2. The award shall be designated as the governors award for achievement of excellence in state service.
Sec. 4. 1. The controlling authority of the merit award program shall be known as the merit award board.
κ1967 Statutes of Nevada, Page 1066 (CHAPTER 391, AB 507)κ
2. The board shall be composed of five members as follows:
(a) Two members of the Nevada State Employees Association designated by the executive committee of that association.
(b) One member from the budget division of the department of administration appointed by the chief of the budget division.
(c) One member from the personnel division of the department of administration appointed by the chief of the personnel division.
(d) One member appointed by and representing the governor.
3. The member from the budget division of the department of administration shall serve as the secretary of the board.
4. The board shall make rules and regulations for transacting its business and carrying out the provisions of this chapter.
Sec. 5. The board shall investigate, review and evaluate the merits of each recommendation proposed.
Sec. 6. 1. Every state employee is eligible to offer an employee suggestion.
2. A state employee is not eligible for an award for a suggestion pertaining to a subject assigned to him for research, development or a solution for which he has a clear and specific responsibility as part of his normal job responsibilities.
3. To be eligible for an award an employee must propose a change which is not currently under active consideration by the state agency affected.
4. If duplicate suggestions are submitted, only the first suggestion received is eligible for an award.
Sec. 7. 1. Employee suggestions shall be submitted in writing to the board.
2. The board may establish such additional standards for submission of suggestions as it deems proper.
3. The secretary of the board shall receive, record and acknowledge receipt of suggestions, and shall notify the suggestor of any undue delays in the consideration of his suggestion.
4. Suggestions shall be referred at once to the state agency or agencies affected for consideration. Within 30 days the agency shall report its findings and recommendations to the board. The agency report shall indicate:
(a) Whether a suggestion has been adopted.
(b) If adopted, the day on which a suggestion was placed in effect.
(c) If adopted, any actual or estimated reduction, elimination or avoidance of expenditures or improvement in operations made possible by an employees suggestion.
(d) If rejected, the reasons for rejection.
5. The board shall review agency findings and recommendations and may obtain additional information or take such other action as is necessary for prompt, thorough and impartial consideration of each suggestion.
6. The board shall evaluate each suggestion, taking into consideration agency action, staff recommendations and the objectives of the merit award program. For each suggestion eligible for an award the board shall formulate an official recommendation covering the merit of the suggestion, and the amount of recommended award.
κ1967 Statutes of Nevada, Page 1067 (CHAPTER 391, AB 507)κ
Sec. 8. 1. Insofar as it may be equitable and practicable, the amount of the cash award allowed for an employees suggestion shall be predicated upon the savings to the state. No cash award may exceed $200.
2. Cash payments to employees arising out of adopted suggestions shall be paid from moneys appropriated by the legislature for such purpose.
3. No more than $2,000 each fiscal year may be expended on merit award plans.
Sec. 9. There is hereby appropriated from the general fund in the state treasury the sum of $4,000 for the use of the merit award board in making cash payments to employees pursuant to the provisions of section 8 of this act.
________
Assembly Bill No. 510Committee on State, County and City Affairs
CHAPTER 392
AN ACT providing for air pollution control through state and county action; creating state and county agencies for air pollution control; providing penalties; and providing other matters properly relating thereto.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 445 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 40, inclusive, of this act.
Sec. 2. As used in sections 2 to 40, inclusive, of this act, the words and terms defined in sections 3 to 10, inclusive, of this act, have the meanings ascribed to them in sections 3 to 10, inclusive, of this act, unless a different meaning clearly appears in the context.
Sec. 3. Control officer means the person designated by the state board of health or any county or district board of health to enforce air pollution regulations of such board.
Sec. 4. County board of health means the board of health of each county established pursuant to NRS 439.280.
Sec. 5. District board of health means the board of health of a health district created pursuant to NRS 439.370.
Sec. 6. Federal Act means the Clean Air Act, being c. 360, 69 Stat. 322, approved July 14, 1955, as amended, also designated as 42 U.S.C. §§ 1857 to 1857.1, inclusive.
Sec. 7. Health district means a health district created pursuant to NRS 439.370.
Sec. 8. Hearing board means any state, county or district air pollution control hearing board.
Sec. 9. Interstate agency means an agency of two or more states, or of two or more municipalities located in different states, having power or duties pertaining to the abatement of pollution of air.
κ1967 Statutes of Nevada, Page 1068 (CHAPTER 392, AB 510)κ
Sec. 10. Secretary means the Secretary of Health, Education, and Welfare.
Sec. 11. The department of health and welfare is:
1. Designated as the air pollution control agency of the state for the purposes of:
(a) Adopting through the state board of health state minimum air pollution abatement rules and regulations; and
(b) The Federal Act insofar as it pertains to state programs.
2. Authorized to take all action necessary or appropriate to secure to this state the benefits of the Federal Act.
Sec. 12. In carrying out the purposes of sections 2 to 40, inclusive, of this act, the department of health and welfare, in addition to any other action which may be necessary or appropriate to carry out such purposes, is authorized:
1. To cooperate with the Secretary and other agencies of the Federal Government, other states, interstate agencies, local governmental agencies and other interested parties in all matters relating to air pollution control in preventing or controlling the pollution of the air in any area.
2. On behalf of this state, to apply for and receive funds made available to the department for state programs under the Federal Act by any agency of the Federal Government. All moneys received from any federal agency as herein provided shall be paid into the state treasury and shall be expended, under the direction of the department, solely for the purpose or purposes for which the grant or grants have been made.
3. To recommend measures for control of air pollution originating in this state.
4. To certify to the appropriate federal authority that facilities are in conformity with the state program and requirements for control of air pollution, or will be in conformity with the state program and requirements for control of air pollution if such facility is constructed and operated in accordance with the application for certification.
Sec. 13. The department of health and welfare, through the state board of health, may:
1. Promulgate, amend and enforce reasonable rules and regulations; and
2. Delegate authority to enforce state rules and regulations relating to air pollution control to districts, counties, cities or towns.
Sec. 14. 1. Nothing in sections 2 to 40, inclusive, of this act shall diminish or supersede the powers given districts, counties or cities to adopt and enforce laws, ordinances, rules and regulations for the control of air pollution if such laws, ordinances, rules and regulations are consistent with the rules and regulations adopted pursuant to section 11 of this act.
2. The governing body of any district, county or city may adopt laws, ordinances, rules and regulations which are more restrictive than the rules and regulations adopted pursuant to section 11 of this act.
Sec. 15. There is hereby created a state air pollution control advisory council whose members shall consist of:
1. A person who is a member of the state board of health designated by the state board of health; and
2. Ten persons appointed by the governor who are knowledgeable in the field of air pollution, of whom two shall represent the public at large and eight may represent various groups of interests, including:
κ1967 Statutes of Nevada, Page 1069 (CHAPTER 392, AB 510)κ
the field of air pollution, of whom two shall represent the public at large and eight may represent various groups of interests, including:
(a) Agriculture.
(b) Industry.
(c) Mining.
(d) Construction contractors.
(e) Public utilities.
(f) Tourism.
(g) Transportation.
(h) Incorporated cities and towns.
Sec. 16. 1. Other than the member from the state board of health, each member of the state air pollution control advisory council shall serve for a term of 3 years, except that of those members first appointed, five shall be appointed for terms of 1 year, three shall be appointed for terms of 2 years and two shall be appointed for the full term of 3 years.
2. The council shall elect a chairman, vice chairman and such other officers as it deems necessary, and shall meet at the request of the state board of health or on its own initiative.
Sec. 17. Members of the state air pollution control advisory council shall serve without compensation, but are entitled to subsistence allowances and travel expenses pursuant to the provisions of NRS 281.160 while engaged in the performance of official duties.
Sec. 18. The state board of health before promulgating or approving any rules or regulations pertaining to air pollution control shall consult with the state air pollution advisory council.
Sec. 19. 1. There is hereby created a state air pollution control hearing board, consisting of five members, appointed by the governor from the members of the state air pollution control advisory council. No member of the state air pollution control hearing board nor of the state air pollution control advisory council may be an employee of the state or any county or other political subdivision of the state.
2. The term of office of a member of the state air pollution control hearing board shall expire upon the expiration of his term of office as a member of the state air pollution control advisory council.
Sec. 20. Each member of the state air pollution control hearing board shall receive the sum of $20 per day while attending meetings of the board, together with travel expenses and subsistence allowances, pursuant to the provisions of NRS 281.160, while engaged in the performance of his official duties.
Sec. 21. The county or district board of health shall appoint a county or district air pollution control hearing board.
Sec. 22. 1. The county or district air pollution hearing board shall consist of three or five members, as established by resolution of the county or district board of health, who are not employees of the state or any political subdivision of the state. One member of the hearing board shall be an attorney admitted to practice law in Nevada, and one member shall be a professional engineer registered in Nevada.
2. Each member of a hearing board shall serve for a term of 3 years. Of the members of a three-member board first appointed, one shall be appointed for a term of 1 year, one appointed for a term of 2 years and one appointed for a term of 3 years. Of the members of a five-member board first appointed, two shall be appointed for a term of 1 year, two shall be appointed for a term of 2 years and one shall be appointed for a term of 3 years.
κ1967 Statutes of Nevada, Page 1070 (CHAPTER 392, AB 510)κ
board first appointed, two shall be appointed for a term of 1 year, two shall be appointed for a term of 2 years and one shall be appointed for a term of 3 years.
3. The hearing board shall select a chairman and vice chairman and such other officers as it deems necessary, and, subject to the approval of the county or district board of health, may adopt a manual of procedures to govern its operation.
Sec. 23. The state board of health may act to enforce the provisions of sections 2 to 40, inclusive, of this act only where the state air pollution control hearing board, at the conclusion of a hearing requested by the state board of health determines that a reasonable time has been allowed for action by the county or district and that:
1. An air pollution source is releasing into the atmosphere air contaminants that cause air pollution beyond the territorial limits of the county in which the source is located;
2. The county or district board of health of a county or health district in which an air pollution source is located has failed to act to reasonably enforce its rules and regulations or ordinances for air pollution control or the rules or regulations of the state board of health; or
3. The county or district board of health specifically requests that the state board of health assume jurisdiction over an air pollution source or area located within the county or health district, or over the entire county or health district.
Sec. 24. The county or district board of health may:
1. Adopt rules and regulations as necessary and feasible to reduce the release into the atmosphere of air contaminants originating within territorial limits of the county or health district in order to control air pollution.
2. Determine facts and make investigations consistent with the provisions of sections 2 to 40, inclusive, of this act, and in connection therewith enter at all reasonable times in or upon any private or public property, except private residences, which is reasonably believed to be a source of contaminants contributing to air pollution.
3. Institute in a court of competent jurisdiction legal proceedings to compel compliance with the provisions of sections 2 to 40, inclusive, of this act or any rule or regulation adopted by such county or district board of health.
4. Advise, consult and cooperate with municipalities, counties, other states, the Federal Government and other interested persons or groups in regard to matters of common interest in the field of air quality control.
5. Encourage and make every reasonable effort to obtain the voluntary cooperation of persons in the preservation or the restoration of a reasonable degree of air purity.
6. Accept, receive and administer grants or other funds or gifts from public and private agencies, including the Federal Government, or from any person.
Sec. 25. Before the adoption or amendment of any rule or regulation, the state board of health or any county or district board of health shall hold a public hearing. Notice of such hearing shall be given 20 days before the date of such hearing and the notice shall state the proposed rules or regulations to be adopted or the proposed amendments to existing rules or regulations.
κ1967 Statutes of Nevada, Page 1071 (CHAPTER 392, AB 510)κ
rules or regulations to be adopted or the proposed amendments to existing rules or regulations.
Sec. 26. In adopting rules and regulations pursuant to this act, the state board of health or the county or district board of health shall take into consideration all of the facts and circumstances bearing upon the reasonableness of the emission of air contaminants involved, including but not limited to:
1. The character and degree of injury to or interference with health and property or the reasonable use and enjoyment of property or conduct of business;
2. The social and economic value of the source of air contaminants;
3. The technical practicability and economic reasonableness of reducing or eliminating the emission of air contaminants from such source;
4. The location involved, the density of population, the atmospheric condition, and the relationship of the emissions to the general air pollution conditions of the area;
5. The cost and effectiveness of control equipment available; and
6. Efforts previously made and the equipment previously installed to control or decrease such emissions.
Sec. 27. Rules or regulations adopted pursuant to the provisions of sections 11, 13, 14 or 24 of this act:
1. Shall be consistent with any federal laws relating to the control of emissions from motor vehicles.
2. Shall not specify:
(a) The type, design or method of installation of any equipment, except equipment used to dispose of combustible refuse;
(b) The type of construction of any plant; or
(c) The manufacturing process, method or fuel used,
to control air pollution or reduce the release of air contaminants.
Sec. 28. 1. When the county board of health, the district board of health or the state board of health or a control officer of any such board has reasonable cause to believe that a person is violating any rule or regulation adopted pursuant to sections 11, 13 or 24 of this act, a notice of violation shall be served upon such person by registered or certified mail or personally. The notice of violation shall state:
(a) With particularity, the act being done that constitutes the violation;
(b) In its entirety, the certain rule or regulation being violated.
2. A reasonable time for compliance shall be allowed if a person receiving a notice of violation provides a written response within 10 days after receipt of the notice of violation setting forth the nature of and time needed for corrective action and makes such periodic reports as may be necessary to demonstrate reasonable progress toward final compliance.
Sec. 29. 1. Any person believing himself aggrieved by action of the state board of health, any county or district board of health or any control officer may request, in writing, that the hearing board of the state, county or health district hold a hearing. Such hearing board, within 30 days after receipt of such request, shall hold a hearing to determine whether:
(a) The act set forth in the notice of violation constitutes a violation of the rules or regulations adopted pursuant to sections 11, 13 or 24 of this act;
κ1967 Statutes of Nevada, Page 1072 (CHAPTER 392, AB 510)κ
the rules or regulations adopted pursuant to sections 11, 13 or 24 of this act;
(b) A variance is justified; and
(c) A reasonable time has been allowed for compliance.
2. Upon making the determinations required by subsection 1, the hearing board may issue a cease and desist order. The order may be conditional and require a person to refrain from the particular act unless certain conditions are met. However, no order of the hearing board shall restrict or otherwise limit the type or design of equipment to be used in reducing the release of air contaminants.
Sec. 30. A hearing board shall meet within 30 days after receipt of a request by the state board of health or the board of health of such county or health district.
Sec. 31. The chairman or, in his absence, the vice chairman of the state air pollution control hearing board or of a county or district air pollution control hearing board may issue subpenas to compel attendance of any person at a hearing and require the production of books, records and other documents material to a hearing.
Sec. 32. 1. A majority of the total membership must concur in all decisions of any hearing board, and all decisions shall be in writing and of public record.
2. All decisions of a hearing board shall become effective not less than 30 days after they are issued unless:
(a) A rehearing is granted which will have the effect of staying the decisions.
(b) It is determined that an emergency exists which justifies an earlier effective date.
Sec. 33. Upon the failure or refusal of a person to comply with a cease and desist order of a hearing board, an action may be filed in the district court of the county concerned to restrain and enjoin the person from engaging in further acts violating such order. The court shall proceed as in other actions for injunctions.
Sec. 34. 1. Any person aggrieved by a decision of a hearing board may, at any time within 30 days after the filing of the decision, petition the district court in and for a county involved in such decision or where such person resides or does business for review of the hearing boards decision. The review shall be by trial de novo.
2. Any hearing had in a district court pursuant to subsection 1 shall take precedence over all other matters in the court, with the exception of criminal matters.
Sec. 35. A hearing board may revoke or modify a cease and desist order or a variance only after first holding a hearing of which at least 30 days public notice has been given.
Sec. 36. No person may refuse entry or access to any authorized representative or employee of the state or any county or district board of health who requests entry for purposes of inspection, presents appropriate credentials and provides reasonable advance notice of entry, nor may any person obstruct, hamper or interfere with any such inspection.
Sec. 37. Upon request, the owner or operator of the premises inspected pursuant to section 36 of this act is entitled to receive a report setting forth all facts found which relate to the compliance status of such premises.
κ1967 Statutes of Nevada, Page 1073 (CHAPTER 392, AB 510)κ
setting forth all facts found which relate to the compliance status of such premises.
Sec. 38. Any records or other information furnished to or obtained by any member of the state board of health, county board of health or district board of health or any officer, concerning one or more air pollution sources, which records and information relate to production or sales figures or to the processes or production unique to the owner or operator or affect the competitive position of such owner or operator, shall be confidential and used only by any of the boards or officers named in sections 2 to 40, inclusive, of this act, in the administration of sections 2 to 40, inclusive, of this act, unless such owner or operator expressly agrees to their publication or availability to the public.
Sec. 39. If there is a conflict between any provision of sections 2 to 40, inclusive, of this act and any rule or regulation of any county or district board of health in existence on the effective date of this act, the county or district board of health shall have a period of 1 year after the effective date of this act to conform such regulation or rule to the provisions of sections 2 to 40, inclusive, of this act.
Sec. 40. 1. Any person, association, partnership or corporation that violates or fails to comply with any rule or regulation adopted pursuant to sections 11, 13 or 24, of this act is guilty of a misdemeanor. Each day of any such violation shall constitute a separate offense.
2. A violation of a rule or regulation adopted pursuant to sections 11, 13 or 24, of this act in relation to air pollution control constitutes a public nuisance and may be enjoined or abated as provided by NRS 40.140.
3. All remedies provided for the enforcement of the rules and regulations adopted pursuant to sections 11, 13 or 24, of this act, are cumulative and not exclusive.
________
Assembly Bill No. 517Messrs. Dini and Getto
CHAPTER 393
AN ACT to amend NRS 584.165 and 584.170, relating to the labeling and marking of oleomargarine, by authorizing the optional use of the words oleomargarine or margarine.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 584.165 is hereby amended to read as follows:
584.165 Every person who shall manufacture for sale any article or substance in semblance of butter that is not the legitimate product of the dairy, and not made exclusively of milk or cream, but into which vegetable products or the oil or fat of animals, not produced from milk, enters as a component part, or into which melted butter, or any oil thereof, has been introduced, to take the place of cream, unless the package containing such article or substance shall be labeled or branded with the word [oleomargarine,] oleomargarine or margarine, as provided in NRS 584.170, [shall be] is guilty of a misdemeanor.
κ1967 Statutes of Nevada, Page 1074 (CHAPTER 393, AB 517)κ
[oleomargarine,] oleomargarine or margarine, as provided in NRS 584.170, [shall be] is guilty of a misdemeanor.
Sec. 2. NRS 584.170 is hereby amended to read as follows:
584.170 1. Every person who shall sell, or offer or expose for sale, or have in his possession with intent to sell, any of the article or substance mentioned in NRS 584.165, shall distinctly mark, brand or label every package containing such article or substance, whether at wholesale or retail, with the word [oleomargarine.] oleomargarine or margarine.
2. Every person who shall sell, or offer for sale, such article or substance not so branded, marked or labeled [shall be] is guilty of a misdemeanor.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 525Committee on Taxation
CHAPTER 394
AN ACT authorizing boards of county commissioners, governing bodies of incorporated cities and boards of trustees of school districts in this state to file amended budgets before July 15, 1967, with the Nevada tax commission; placing certain limitations on such amended budgets; and providing other matters properly relating thereto.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of any other law, each board of county commissioners, each governing body of the incorporated cities and each board of trustees of the school districts in this state may, prior to July 15, 1967, file an amended budget for the fiscal year commencing on July 1, 1967, and ending on June 30, 1968, with the Nevada tax commission increasing anticipated revenues and expenditures over the revenues and expenditures contained in the budget filed theretofore, pursuant to law for the fiscal year commencing July 1, 1967, and ending on June 30, 1968, but such amended budgets shall not exceed the amount of anticipated revenues made available to the counties, incorporated cities and school districts by the provisions of certain acts of the 54th session of the legislature which will become effective on July 1, 1967.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1075κ
Senate Bill No. 482Committee on Finance
CHAPTER 395
AN ACT making a supplemental appropriation from the general fund in the state treasury for the support of the health division of the department of health and welfare for tuberculosis care for the fiscal year ending June 30, 1967.
[Approved April 15, 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 $60,000 for the support of the health division of the department of health and welfare for tuberculosis care as an additional and supplemental appropriation to that allowed and made by section 27 of chapter 489, Statutes of Nevada 1965.
2. 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.
________
Senate Bill No. 244Committee on Judiciary
CHAPTER 396
AN ACT to amend NRS 483.520, relating to judicial review of the cancellation, revocation and suspension by the department of motor vehicles of operators and chauffeurs licenses, by permitting judicial review of mandatory cancellations and revocations.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.520 is hereby amended to read as follows:
483.520 Any person denied a license or whose license has been canceled, suspended or revoked by the department [, except where such cancellation or revocation is mandatory under the provisions of NRS 483.010 to 483.630, inclusive,] shall have the right to file a petition within 30 days thereafter for a hearing in the matter in the district court in the county wherein such person shall reside, and such court is hereby vested with jurisdiction and it shall set the matter for hearing upon 30 days written notice to the administrator, and thereupon shall take testimony and examine into the facts [of the case] resulting in the action by the department and shall determine whether the petitioner is entitled to a license or is subject to suspension, cancellation or revocation of license under the provisions of NRS 483.010 to 483.630, inclusive.
________
κ1967 Statutes of Nevada, Page 1076κ
Senate Bill No. 498Senator Titlow
CHAPTER 397
AN ACT to amend an act entitled An Act fixing the compensation of certain county officers of Esmeralda County, Nevada; authorizing and empowering the board of county commissioners of Esmeralda County, Nevada, to regulate the appointment, number and compensation of deputies of county officers and other county employees; repealing certain acts and parts of acts; and other matters properly relating thereto, approved March 27, 1957, as amended.
[Approved April 15, 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 143, Statutes of Nevada 1957, as last amended by chapter 191, Statutes of Nevada 1965, at page 336, is hereby amended to read as follows:
Section 1. [The sheriff of Esmeralda County for services as sheriff shall receive an annual salary of $3,000. For his services as ex officio county assessor he shall receive an annual salary of $3,000.] 1. On and after July 1, 1967, the sheriff of Esmeralda County for his services as sheriff and as ex officio county assessor shall receive an annual salary of not less than $6,000 nor more than $7,800.
2. The sheriff is hereby authorized to appoint one deputy sheriff who shall receive [an annual salary of $2,550 as deputy sheriff and an annual salary of $2,550 as ex officio deputy county assessor.] on and after July 1, 1967, an annual salary of not less than $2,550 nor more than $3,600 as deputy sheriff and an annual salary of not less than $2,550 nor more than $3,600 as ex officio deputy county assessor.
Sec. 2. Section 2 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, as last amended by chapter 191, Statutes of Nevada 1965, at page 337, is hereby amended to read as follows:
Section 2. [The] On and after July 1, 1967, the county clerk and treasurer for his services as county clerk and treasurer shall receive an annual salary of [$5,400.] not less than $5,400 nor more than $7,200.
Sec. 3. Section 3 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, as last amended by chapter 191, Statutes of Nevada 1965, at page 337, is hereby amended to read as follows:
Section 3. [The] On and after July 1, 1967, the county recorder and ex officio auditor shall receive an annual salary of [$5,400.] not less than $5,400 nor more than $7,200.
Sec. 4. Section 4 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, as last amended by chapter 191, Statutes of Nevada 1965, at page 337, is hereby amended to read as follows:
Section 4. [The] On and after July 1, 1967, the district attorney for his services as district attorney shall receive an annual salary of [$5,400.] not less than $5,400 nor more than $7,200.
Sec. 5. Section 5 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, as amended by chapter 178, Statutes of Nevada 1963, at page 287, is hereby amended to read as follows:
Section 5. [The] On and after July 1, 1967, the county commissioners of Esmeralda County shall receive the sum of [$2,000] not less than $2,000 nor more than $3,000 per annum each, and mileage at the rate of 10 cents per mile in going to and returning from the county seat when attending a session of the board.
κ1967 Statutes of Nevada, Page 1077 (CHAPTER 397, SB 498)κ
than $2,000 nor more than $3,000 per annum each, and mileage at the rate of 10 cents per mile in going to and returning from the county seat when attending a session of the board.
Sec. 6. Section 6 of the above-entitled act, being chapter 143, Statutes of Nevada 1957, as amended by chapter 178, Statutes of Nevada 1963, at page 287, is hereby amended to read as follows:
Section 6. 1. The salaries enumerated in sections 1, 2, 3, 4 and 5 of this act shall be paid in two equal semimonthly installments and shall be full compensation for all services and ex officio services, both civil and criminal, performed by the above-named officers. All percentages collected by the sheriff as sheriff and ex officio assessor shall be by him paid into the county treasury, and no fees of any kind or character shall be allowed the above-named officers. They shall make full, true and correct reports of all fees collected by them monthly to the board of county commissioners. The board of county commissioners is authorized to allow the traveling expenses of all the above-named officers when traveling either in Esmeralda County or elsewhere in the performance of the duties of their offices.
2. On and after July 1, 1967, the board of county commissioners shall from time to time fix by resolution of the majority of the board the salaries to be paid the county officers enumerated in sections 1 to 5, inclusive, of this act within the respective minimum and maximum amounts prescribed by such sections.
Sec. 7. Section 5 of chapter 191, Statutes of Nevada 1965, entitled An Act to amend an act entitled An Act fixing the compensation of certain county officers of Esmeralda County, Nevada; authorizing and empowering the board of county commissioners of Esmeralda County, Nevada, to regulate the appointment, number and compensation of deputies of county officers and other county employees; repealing certain acts and parts of acts; and other matters properly relating thereto, approved March 21, 1957, as amended, approved March 25, 1965, is hereby repealed.
________
Senate Bill No. 477Senators Swobe, Bailey, Hug, Farr, Slattery and Young
CHAPTER 398
AN ACT to amend an act entitled An Act concerning certain county officers of Washoe County, Nevada; fixing the salaries of such officers until January 1, 1967; providing that such salaries on and after January 1, 1967, shall be fixed by ordinance enacted by the board of county commissioners of Washoe County, Nevada; providing for travel expenses for certain county officers of Washoe County, Nevada; repealing all acts and parts of acts in conflict herewith; and providing other matters properly relating thereto, approved April 12, 1963.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act, being chapter 321, Statutes of Nevada 1963, at page 603, is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1078 (CHAPTER 398, SB 477)κ
Section 4. Each member of the board of county commissioners of Washoe County shall receive an annual salary of [$6,000,] $7,200, to be allowed, audited and fixed monthly.
Sec. 2. This act shall become effective on July 1, 1967.
________
Senate Bill No. 460Senator Farr
CHAPTER 399
AN ACT relating to tracer or incendiary ammunition; prohibiting its discharge within certain areas of the state; providing exceptions; providing a penalty; and providing other matters properly relating thereto.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 476 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person who discharges any bullet, projectile or ammunition of any kind which is tracer or incendiary in nature on any grass, brush, forest or crop-covered land is guilty of a misdemeanor.
2. This section does not apply to:
(a) Any member of the Armed Forces of the United States or the Nevada National Guard while such member is on active duty;
(b) Any law enforcement officer of this state or the United States; or
(c) The possession or use of such ammunition on land owned or leased by the United States when possessed or used at the direction of an authorized official of the United States.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 451Clark County Delegation
CHAPTER 400
AN ACT to amend an act entitled An Act to incorporate the city of North Las Vegas in Clark county, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto, approved March 27, 1953, as amended.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as last amended by chapter 447, Statutes of Nevada 1963, at page 1208, is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1079 (CHAPTER 400, SB 451)κ
Section 3. Officers, Election of; Election, When and How Held; Councilmen. The elective officers of the city of North Las Vegas, consisting of the mayor, four councilmen and the municipal court judge, elected or appointed prior to March 28, 1957, shall go out of office and their terms shall expire on the Tuesday after the election to be held on the first Tuesday after the first Monday in May, 1957, it being the intention to require the election of all elective officers in the manner hereinafter provided at the election to be held in May, 1957, notwithstanding the fact that such elective officers may have been elected or appointed to fill unexpired terms for periods of time extending beyond the Tuesday after the election to be held on the first Tuesday after the first Monday in May, 1957. On the first Tuesday after the first Monday in May, 1957, and at each successive interval of four years, there shall be elected by the qualified voters of the city of North Las Vegas, at a general election to be held for that purpose, a mayor, in and for the city, who shall hold office for a period of four years, and until his successor shall have been elected and qualified. At the election on the first Tuesday after the first Monday in May, 1957, there shall be elected by the qualified voters of the city, four councilmen who have received the largest number of votes cast in the city at such election; provided, however, that the two councilmen receiving the greatest percentage of votes in the city shall hold office for a period of four years, and the remaining two councilmen shall hold office for a period of two years, thus giving the city a mayor and two councilmen with a four-year term, and two councilmen with a two-year term. At the end of the two years, the two councilmen who run and are successfully elected shall have a term of office of four years, thereby creating a hold-over type of council. There shall also be elected at each biennial election one municipal court judge who shall be elected in the same manner as the mayor and council and who shall serve for a two-year period and until his successor shall have been elected and qualified. [, at such salary as may be fixed by the city council.] In the event of any tie, the results shall be determined by lot. On the first Tuesday after the first Monday in May 1959, and each successive interval of two years thereafter, there shall be elected in the city at large by the qualified voters of the city, two councilmen who shall hold office for four years and until their successors shall have been elected and qualified. The city council of the city shall order the general election, and shall determine the places in the city for the holding of the same, and the mayor of the city shall make proclamation thereof, and otherwise the election and the manner of holding of the same shall be governed by the laws of the State of Nevada governing general elections so far as the same may be applicable thereto; and in the event there should be any failure on the part of the general election laws of the state to provide for some features of the city election in the city, the council of the city of North Las Vegas shall have the power to provide for such deficiency.
Sec. 2. Section 11 of chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as last amended by chapter 447, Statutes of Nevada 1963, at page 1213, is hereby amended to read as follows:
Section 11. Mayor, [and] Councilmen [,] and Judge of Municipal Court, Salary of.
κ1967 Statutes of Nevada, Page 1080 (CHAPTER 400, SB 451)κ
[1. Until the election held on the first Tuesday after the first Monday in May 1965, the mayor shall receive for remuneration for his services the sum of $3,000 per year, payable in equal monthly installments. Thereafter, the mayor shall receive for remuneration for his services the sum of $5,400 per year, payable in equal monthly installments.
2. Until the election held on the first Tuesday after the first Monday in May 1963, the two councilmen who were elected at the election held in May 1959 shall receive remuneration for their services, as such, the sum of $1,800 per year, payable in equal monthly installments. Thereafter they or their successors in office shall receive remuneration for their services, as such, the sum of $3,600 per year, payable in equal monthly installments.
3. Until the election held on the first Tuesday after the first Monday in May 1965, the two councilmen who were elected at the election held in May 1961 shall receive remuneration for their services, as such, the sum of $1,800 per year, payable in equal monthly installments. Thereafter they or their successors in office shall receive remuneration for their services, as such, the sum of $3,600 per year, payable in equal monthly installments.] The compensation of the mayor, councilmen and judge of the municipal court shall:
1. Be fixed by the city council; and
2. Not be diminished or increased as to any such officer during the term for which he has been elected or appointed.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 281Senator Fransway
CHAPTER 401
AN ACT relating to importation of bees; providing for a permit to store imported bees within the state for a period in excess of 6 months; and providing other matters properly relating thereto.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 552.210 is hereby amended to read as follows:
552.210 1. No person may ship or transport into the State of Nevada any bees, used beehives, honeycombs or appliances, except queens or bees in screened cages without comb, unless he first obtains a special pollination permit issued by the department.
2. The department may issue a special pollination permit for the importation of bees on comb and boxes containing comb into a designated district of this state from another state for a period not to exceed 6 months if the applicant:
(a) Submits an application on forms supplied by the department stating:
κ1967 Statutes of Nevada, Page 1081 (CHAPTER 401, SB 281)κ
(1) The number of hives or the number of boxes containing comb, or both, to be moved.
(2) The locality, city or cities (if any), the county, or counties, and the state of origin of the hives or boxes of comb.
(3) The property, locality and county in which the hives or boxes of comb will be placed.
(4) The proposed date of entry into the State of Nevada.
(5) Facts pertaining to the purpose for which the bees and boxes of comb, or both, are to be moved, including evidence establishing the existence of a contract or agreement for pollination service.
(6) In affidavit form, that no drugs of any kind have been or will be fed to the bees for a period of 60 days prior to moving such bees into the State of Nevada.
(b) Files with the department, not less than 72 hours in advance of entry, a certificate of a duly authorized officer of the state of origin certifying:
(1) That all bees intended for shipment and owned or controlled by the applicant have been inspected within 60 days of the date of the issuance of the certificate at a time when the bees are actively rearing their brood; and
(2) That 1 percent or less American foul brood disease has been found during the preceding 2 years in any apiaries intended for shipment by the applicant, and that all disease found during such time has been destroyed; and
(3) The numbers of hives of bees, nuclei of bees, supers of drawn comb, city and county of origin and date of inspection.
(c) Notifies the department immediately upon arrival in this state, registers apiary locations, and pays the registration fee of 25 cents per hive.
3. Each shipment shall be accompanied by a copy of the permit of entry issued by the department and a copy of the certificate of inspection required by this section.
4. The department may issue a permit to a person holding a valid special pollination permit issued pursuant to subsection 2 to store boxes of bees on comb or boxes containing comb for a period in excess of 6 months if the applicant:
(a) Stores the boxes of bees on comb or boxes containing comb in a location and under conditions approved by the department.
(b) Uses the stored boxes of bees on comb or boxes containing comb for the purpose of apiarian management under a pollination contract.
(c) Allows the department to make periodic inspections of the stored boxes of bees on comb or boxes containing comb.
(d) Keep such boxes of bees on comb or boxes containing comb within the district designated in the pollination permit issued for their importation.
5. The department may issue a permit for the importation into the State of Nevada of used extractors, honey tanks, honey cans, uncapping equipment, tops, bottoms, empty supers and empty hive bodies, if the applicant submits a certificate from a duly authorized apiary inspector certifying that such equipment has been sterilized by boiling in lye water for not less than 30 minutes, or by any other method officially approved by the department.
κ1967 Statutes of Nevada, Page 1082 (CHAPTER 401, SB 281)κ
for not less than 30 minutes, or by any other method officially approved by the department.
[5.] 6. If any bees, used hives, honeycombs or appliances entering the State of Nevada are found to be diseased at the time of inspection in this state, the shipment shall be quarantined in the same manner as provided in NRS 552.200, and shall be either destroyed or shipped out of the state at the option and expense of the owner or person in possession, unless the department finds that the disease can be eradicated by treatment rather than destruction.
[6.] 7. All honeycombs transported from a point outside the State of Nevada through this state in interstate commerce shall be covered by the person in possession in a manner which will prevent access of bees.
[7.] 8. All bees, used hives, honeycombs or appliances entering the State of Nevada in violation of the provisions of this chapter shall be either destroyed or shipped out of this state at the option and expense of the owner or person in possession, or sold by the department, after notice to such owner or person by the department. If the owner does not comply with the requirements of the notice or cannot be located, the department may either destroy such bees, used hives, honeycombs or appliances at his expense or offer them for sale. The terms of any such sale shall include an agreement by the purchaser to comply with all provisions of this chapter, and the proceeds of any such sale shall be deposited in the apiary inspection fund.
Sec. 2. NRS 552.213 is hereby amended to read as follows:
552.213 1. Each person who has transported bees into the state [under the provisions] pursuant to subsection 2 of NRS 552.210 shall pay a registration fee of 25 cents per hive.
2. Each person who stores bees within the state pursuant to subsection 4 of NRS 552.210 shall pay an additional registration fee not to exceed 50 cents per hive.
________
Senate Bill No. 406Committee on Taxation
CHAPTER 402
AN ACT to amend NRS 463.370, relating to state license fees of gambling operations, by providing that the owner-lessor of games or gaming devices is primarily liable to the state for payment of quarterly state license fees; and providing other matters properly relating thereto.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.370 is hereby amended to read as follows:
463.370 1. Except as provided in section 1 of [Senate Bill No. 471 of the 54th session of the Nevada legislature,] chapter 286, Statutes of Nevada 1967, 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:
κ1967 Statutes of Nevada, Page 1083 (CHAPTER 402, SB 406)κ
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 and one-half percent of all the gross revenue of such applicant which exceeds $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. All revenue received from any game or gaming device which is leased for operation on the premises of the licensee-owner to a person other than the owner thereof shall be attributed to such owner for the purposes of this section and shall be counted as part of the gross revenue of the owner. The lessee shall be liable to the owner for his proportionate share of such license fees.
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 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. 2. This act shall become effective at 12:04 a.m. on July 1, 1967.
________
Senate Bill No. 458Senator Dodge
CHAPTER 403
AN ACT to repeal NRS 539.535, authorizing the deposit of moneys of irrigation districts in United States postal savings banks.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 539.535 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1084κ
Senate Bill No. 450Clark County Delegation
CHAPTER 404
AN ACT to amend an act entitled An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10 of chapter 2 of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 377, Statutes of Nevada 1963, at page 823, is hereby amended to read as follows:
Section 10. Mayor, Commissioners, [and Municipal Judge-] City Attorney and Judges of Municipal Court-Salary of.
1. [From and after July 1, 1963, the mayor shall receive the sum of $7,800 per annum, which shall be full compensation for all services rendered the city.
2. Until July 1, 1965, commissioners 2 and 4 shall each receive the sum of $4,200 per annum, which shall be full compensation for all services rendered the city. On and after July 1, 1965, commissioners 2 and 4 shall each receive the sum of $6,000 per annum, which shall be full compensation for all services rendered the city.
3. From and after July 1, 1963, commissioners 1 and 3 shall each receive the sum of $6,000 per annum, which shall be full compensation for all services rendered the city.
4. From and after July 1, 1963, to June 30, 1965, the city attorney shall receive such sum as may be determined by the mayor and the board of commissioners, which shall not be less than $7,500 nor more than $10,000 per annum, and which shall be full compensation for all services rendered the city.
5.] From and after July 1, 1965, the city attorney shall:
(a) [Receive the sum of $17,000 per annum, which shall be full compensation for all services rendered the city.
(b)] Devote his full time to the duties of his office.
[(c)] (b) Not engage in the private practice of law, but he shall be allowed a reasonable time to complete the private practice of law for which he had been retained prior to July 1, 1965.
[6. From and after July 1, 1963, to June 30, 1965, the judge of the municipal court shall receive such sum as may be determined by the mayor and the board of commissioners, which shall not be less than $7,500 nor more than $10,000 per annum, and which shall be full compensation for all services rendered the city.
7.] 2. From and after July 1, 1965, the judge of the municipal court shall [:
(a) Receive the sum of $15,500 per annum, which shall be full compensation for all services rendered the city.
(b) Devote] devote his full time to the duties of his office.
κ1967 Statutes of Nevada, Page 1085 (CHAPTER 404, SB 450)κ
3. The compensation of the mayor, commissioners, city attorney and judges of the municipal court shall:
(a) Be fixed by the board of commissioners; and
(b) Not be diminished or increased as to any such officer during the term for which he has been elected or appointed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 439Committee on Judiciary
CHAPTER 405
AN ACT to amend NRS 706.650, relating to motor vehicle carriers, by requiring notice to the public service commission of Nevada within 30 days of the transfer of 15 percent or more of corporate motor carrier stock; and providing other matters properly relating thereto.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.650 is hereby amended to read as follows:
706.650 1. All motor carriers coming within the terms of NRS 706.010 to 706.700, inclusive, except such carriers or persons as mentioned in NRS 706.670, to whom shall have been issued the certificates, permits and licenses provided by NRS 706.010 to 706.700, inclusive, may transfer such certificates, permits and licenses to another qualified under NRS 706.010 to 706.700, inclusive, but no such transfer shall be valid for any purpose unless and until application for permit to make such transfer shall be made to the commission by the transferor, accompanied by an application of the transferee to be substituted for the transferor of such certificates, permits and licenses, the subject of such transfer. No transfer of stock of a corporate motor carrier under the jurisdiction of the commission shall be valid without prior commission approval if the effect of such transfer will be to change [managing] corporate control of the carrier. In the event of transfer of 15 percent or more of the corporate stock of a corporation, notice shall be given the commission within 30 days.
2. The commission, in its discretion, may direct that a hearing be had in the matter of such transfer, which hearing may be noticed and conducted in like manner as other hearings before the commission.
3. If the commission shall determine that a transfer of any certificate, permit or license permitted herein to be transferred will not operate to defeat the purposes of NRS 706.010 to 706.700, inclusive, the commission may order such transfer to be made when it is satisfied that the purposes of NRS 706.010 to 706.700, inclusive, will not be defeated by the transfer of the certificate, permit or license.
4. No transfer shall be valid beyond the life of the certificate, permit or license transferred.
5. The department may, under such rules and regulations as it may deem advisable, permit the transfer of a license from one motor vehicle to another by the owner thereof; but new license plates shall be secured from the department and a fee of $2 shall be paid for each set of plates so secured.
κ1967 Statutes of Nevada, Page 1086 (CHAPTER 405, SB 439)κ
deem advisable, permit the transfer of a license from one motor vehicle to another by the owner thereof; but new license plates shall be secured from the department and a fee of $2 shall be paid for each set of plates so secured.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 391Committee on State Institutions
CHAPTER 406
AN ACT relating to juvenile courts; specifying duties of probation committees relating to commitment facilities for children, other than temporary detention homes, administered or financed by counties.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 62.100 is hereby amended to read as follows:
62.100 1. The judge or judges of the court in each judicial district shall, when facilities for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children have been established within that district, and may at any other time in their discretion, by an order entered in the minutes of the court, appoint five representative citizens of good moral character to be known as the probation committee, and the judge or judges shall fill all vacancies occurring in such committee within 30 days after the occurrence of the vacancy. The clerk of the court shall immediately notify each person appointed to the committee. The person appointed shall appear before the appointing judge or judges within 10 days after notification, which shall specify the time in which to appear, and shall qualify by taking an oath, which shall be entered in the records, faithfully to perform the duties of a member of the committee. The members of the committee shall hold office for 3 years, provided that of those first appointed, 1 shall be appointed for a term of 1 year, 2 for terms of 2 years, and 2 for terms of 3 years. Thereafter, all appointments shall be for a term of 3 years. Appointment to vacancies occurring other than by expiration of the term of office shall be filled for the remainder of that term. Members of the probation committee shall serve without compensation and shall choose from among their members a chairman and secretary. Any member of the probation committee may be removed for cause at any time by the judge or judges.
2. The duties of the probation committee shall be the following:
(a) The probation committee shall advise with the judge and probation officer on matters having to do with the control and management of any facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children now or hereafter established by boards of county commissioners.
(b) Upon the request of the judge or judges, the probation committee shall investigate and report in writing concerning the facilities, resources and management of all individuals, societies, associations, organizations, agencies and corporations (except state institutions or agencies) applying for or receiving children under this chapter.
κ1967 Statutes of Nevada, Page 1087 (CHAPTER 406, SB 391)κ
shall investigate and report in writing concerning the facilities, resources and management of all individuals, societies, associations, organizations, agencies and corporations (except state institutions or agencies) applying for or receiving children under this chapter. The committee shall also have the power to initiate an investigation thereof if it deems such investigation proper or necessary, and must thereafter report its findings, conclusions and recommendations to the judge or judges.
(c) The probation committee shall prepare an annual report of its activities, investigations, findings and recommendations in connection therewith. The reports shall be submitted to the court and filed as public documents with the clerk of the court.
(d) The judge or judges shall, in cooperation with the probation committee, set up policies and procedures, establish standards for the proper performance of duties and responsibilities of probation officers and all employees of any detention home [,] or other commitment facilities administered or financed by the county, except as hereinafter provided.
(e) The probation committee shall provide for the giving of competitive examinations for the selection of persons suitable for appointment as probation officers and employees of any detention home [.] or other commitment facilities administered or financed by the county. The examinations shall have reference to the necessary ability, education and special aptitudes for the work to which they are to be assigned.
(f) The probation committee shall approve or disapprove the appointment of such employees as it deems necessary for the operation and management of the detention home [.] or other commitment facilities administered or financed by the county. Any employees are subject to discharge by the judge or judges.
(g) The probation committee may, upon the majority vote of its members, recommend the removal or discharge of any probation officer.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 500Committee on Judiciary
CHAPTER 407
AN ACT relating to elections; to provide for filling the vacancy caused by the death of a nominee for state senator or assemblyman from a multi-county district.
[Approved April 15, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A vacancy occurring in a party nomination for the office of state senator or assemblyman from a legislative district comprising more than one county may be filled by the appropriate political party as provided in subsection 2 where:
κ1967 Statutes of Nevada, Page 1088 (CHAPTER 407, SB 500)κ
(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. In filling such a vacancy, the chairman and two other members of the county central committee, chosen by the committee, from each county all or part of which is included within the legislative district, shall meet as a joint selection committee under the chairmanship of the chairman from the most populous county. If no person receives a plurality of the votes of the joint committee, the representatives of the respective counties shall each as a group select one candidate, and the nominee shall be chosen by drawing lots among the persons so selected.
3. The designation of a nominee pursuant to this section shall be filed with the secretary of state before 5 p.m. of the 1st Wednesday in October, and the statutory filing fee shall be paid with the designation.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 171Senator Farr
CHAPTER 408
AN ACT relating to appeals from the municipal court to the district court; to clarify the disposition of bail on such appeals; to require notice of the disposition of the appeal to the municipal court; to require the payment of a fine sustained by the district court to the city treasurer; and providing other matters properly relating thereto.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. After filing a notice of intention to appeal, which shall include a statement of the character of the judgment, with the municipal court and serving such notice upon the city attorney, a defendant who has been convicted of a criminal violation in a municipal court may, if he desires to be released from custody during the pendency of the appeal or desires a stay of proceedings under the judgment until disposition of the appeal, enter bail for the prosecution of the appeal, the payment of any judgment, fine and costs that may be awarded against him on the appeal for failure to prosecute the appeal and for the rendering of himself in execution of the judgment from which he is appealing or of any judgment rendered against him in the action appealed from in the district court to which the action is appealed.
2. Any bail which has been entered in the municipal court for the prosecution of the action in such court may be released or retained by the court in partial satisfaction of the bail required pursuant to subsection 1.
κ1967 Statutes of Nevada, Page 1089 (CHAPTER 408, SB 171)κ
Sec. 3. 1. When an appeal of a civil or criminal case from a municipal court to a district court has been perfected and the district court has rendered a judgment on such appeal, the district court shall, within 10 days from the date of such judgment, give written notice to the municipal court of the district courts disposition of the appealed action.
2. When a conviction for a violation of a municipal ordinance is sustained and the fine imposed is sustained in whole or part, the district court shall direct that the defendant pay the amount of the fine sustained by the district court to the city treasurer of the city wherein the municipal court from which the appeal was taken is located.
________
Senate Bill No. 163Senators Swobe, Bunker, Bailey and Slattery
CHAPTER 409
AN ACT relating to vehicular structures; to prescribe standards for the installation of plumbing, heating and electrical systems in mobile homes and house trailers; providing a penalty; and providing other matters properly relating thereto.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 43 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires:
1. American Standard means a standard adopted and published by the United States of America Standards Institute.
2. Mobile home means a vehicular, portable structure built on a chassis and designed to be used without a permanent foundation as a dwelling when connected to indicated utilities.
3. Travel trailer means a vehicular, portable structure built on a chassis:
(a) Designed as a temporary dwelling for travel, recreational and vacation use;
(b) Permanently identified as a Travel Trailer by an inscription on the trailer by the manufacturer; and
(c) When factory-equipped for the road, having a body width of not more than 8 feet and:
(1) Any length if the gross weight does not exceed 4,500 pounds; or
(2) Any weight if its body length does not exceed 29 feet.
Sec. 3. 1. The department of motor vehicles shall promulgate rules and regulations for the enforcement of the provisions of this chapter.
2. The director of the department of motor vehicles or any person authorized by him in writing may institute any appropriate action to enforce this chapter, or to prevent, restrain, correct or abate any violation of this chapter.
κ1967 Statutes of Nevada, Page 1090 (CHAPTER 409, SB 163)κ
3. In order properly to carry out the provisions of this chapter, the director of the department of motor vehicles or any person authorized by him in writing may:
(a) Conduct hearings;
(b) Issue subpenas; and
(c) Administer oaths.
Sec. 4. 1. Every mobile home or travel trailer manufactured after January 1, 1968, which is sold or offered for sale in this state shall bear a seal issued by the State of Nevada certifying that the plumbing, heating and electrical systems of such mobile home or travel trailer are installed in compliance with the American Standard for mobile homes or travel trailers, as the case may be, applicable at the time of manufacture.
2. A fee of $6 shall be charged for each seal issued pursuant to subsection 1.
3. The director of the department of motor vehicles or a person authorized by him may issue a seal either upon an inspection of the plans for, or an actual inspection of, the mobile home or travel trailer.
Sec. 5. A mobile home or travel trailer which bears a seal or other certification by another state that the plumbing, heating and electrical systems of such mobile home or travel trailer are installed in compliance with the applicable American Standard or its equivalent shall be deemed to meet the requirements of this state, and the director of the department of motor vehicles or person authorized by him shall issue a seal without an inspection of any type for a fee of $2.
Sec. 6. All fees collected pursuant to this chapter shall be paid over to the state treasurer for deposit in the general fund.
Sec. 7. Any mobile home or travel trailer which meets the requirements of this chapter and is not taxed as real property is not required to comply with any local building codes or ordinances prescribing standards for plumbing, heating and electrical systems.
Sec. 8. Any person who sells or offers for sale in this state any mobile home or travel trailer which does not bear the seal required by section 4 of this act is guilty of a misdemeanor.
Sec. 9. This act shall become effective upon passage and approval.
________
Senate Bill No. 432Committee on Finance
CHAPTER 410
AN ACT relating to public employees retirement; to lower service requirements for retirement and increases widows benefits; and providing other matters properly relating thereto.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.570 is hereby amended to read as follows:
286.570 1. Any person employed by the state or its political subdivisions who is a participating member of the system, who has been employed for a period of 25 or more continuous years, and who leaves the employ of the state or its political subdivisions prior to the attainment of the minimum service retirement age, may elect to refuse the return of his contributions, and in place thereof, upon reaching minimum service retirement age, may receive the same benefits to which he would otherwise have been entitled had he continued membership in the system.
κ1967 Statutes of Nevada, Page 1091 (CHAPTER 410, SB 432)κ
the employ of the state or its political subdivisions prior to the attainment of the minimum service retirement age, may elect to refuse the return of his contributions, and in place thereof, upon reaching minimum service retirement age, may receive the same benefits to which he would otherwise have been entitled had he continued membership in the system.
2. Members with 20 or more years of service but with less than 25 years of service and who are more than 5 years from retirement age as specified elsewhere in this chapter may leave covered service and, upon attainment of retirement age, may receive an allowance which shall be reduced by 4 percent for each year of absence from covered service in excess of 5 years between the date of attainment of 20 years of accredited service and attainment of required age, provided that the allowance shall not be less than 80 percent of formula benefits. Fractions of years shall be prorated.
Sec. 2. NRS 286.675 is hereby amended to read as follows:
286.675 1. The widow of a deceased member with one or more children of such member under the age of 18 years may receive the sum of $100 per month, but such payments shall not be made, or shall cease to be made, if such widow:
(a) Receives regular monthly income which exceeds [$3,600] $5,000 per year after the payment of income taxes;
(b) Enters into employment at a salary which exceeds [$3,600] $5,000 per year after the payment of income taxes; or
(c) Receives a personal income from any source or combination of sources which exceeds [$3,600] $5,000 per year after the payment of income taxes.
2. If the payment of $100 per month to a widow with children under the age of 18 years is canceled due to the receipt of regular income from any source or combination of sources in excess of $5,000 after income taxes, the payments shall be reinstated upon submittal of evidence satisfactory to the board that her income has been reduced below $5,000 per year after income taxes.
3. Every recipient of benefits under this section shall file with the board reports of his income and earnings at such times and in such manner as the board may require. The failure to file such reports shall be sufficient reason for the termination of payments. Upon the cessation of payments to any child under 18 years of age for any of the causes enumerated in NRS 286.673, the continuation of payments to the widow shall be governed by the provisions of NRS 286.674. In any case, payments shall cease upon the death or remarriage of the widow. [Benefits under this section shall not be renewable following termination.]
Sec. 3. NRS 286.610 is hereby amended to read as follows:
286.610 1. A member with [25] 20 or more years of service but who is not yet eligible for retirement by reason of age may elect to protect a beneficiary under the terms and conditions of one of Options 2 to 5, inclusive, as described in NRS 286.570.
2. The protection to the beneficiary shall be calculated upon the members conditions of service and average salary obtaining on the 1st day of the month in which the application for such protection, upon a form prescribed by the board, shall be received in the office of the board.
3. Should the member die after the election has become effective, the designated beneficiary, if surviving, shall become eligible for receipt of an allowance under the elected plan at such time as the deceased member would have reached retirement age or, if either Option 4 or Option 5 has been elected, under the terms and conditions of such option, whichever is later.
κ1967 Statutes of Nevada, Page 1092 (CHAPTER 410, SB 432)κ
the designated beneficiary, if surviving, shall become eligible for receipt of an allowance under the elected plan at such time as the deceased member would have reached retirement age or, if either Option 4 or Option 5 has been elected, under the terms and conditions of such option, whichever is later. If the beneficiary does not survive to the date upon which the deceased member would have reached retirement age, or to such date as the beneficiary would be otherwise eligible for an allowance, the refund of the contributions of the deceased member shall be paid in equal shares directly and without probate or administration to the surviving children of the deceased member or, if there be no such surviving children, to the estate of the deceased beneficiary. The anticipated retirement age shall be that age upon which the member could have retired in consideration of service credited at the time of death.
4. Should the member die after the effective date of protection, the allowance payable to the designated beneficiary under the elected option shall be recalculated under the conditions of service and average salary obtaining as of the date of such death.
5. If the beneficiary should die during the continued employment of the member, the member may designate a beneficiary under NRS 286.660 to receive his total retirement contributions in case of death prior to actual entry into retirement.
6. Protection under optional plans may be extended to only one person prior to actual entry into retirement status, but if the originally named beneficiary should die prior to the entry of the member into actual retirement a new beneficiary may be named under an optional plan. A charge shall be made for the protection previously extended to the deceased beneficiary which shall be the actuarial equivalent of the protection previously received and the optional payments for the new beneficiary shall be calculated under regular procedures.
7. Should the member enter into actual retirement status within 12 months of the effective date of protection to a beneficiary, he shall receive his allowance under the terms and conditions of the option previously selected, but the allowance payable under the option shall be recalculated upon the conditions of service and average salary obtaining as of the date of retirement, and the recalculated allowance shall be reduced by the actuarial equivalent of the protection previously received, based upon ages when the member is first eligible to retire.
8. Should the member enter into actual retirement status at a date in excess of 12 months after the effective date of protection, he may retire under the terms and conditions of the plan previously selected or he may be permitted to reselect a retirement plan, with a change of beneficiary if desired, and calculations in every case shall be made upon the conditions of service and average salary obtaining upon the date of retirement. The recalculated allowance shall be reduced in every case by the actuarial equivalent of the protection previously received, based upon ages when the member is first eligible to retire. If the member does not change selection of retirement option or beneficiary, the period of protection chargeable to him ceases on the date he is first eligible to retire. If the member changes either the selection of retirement allowance or beneficiary, the period of protection chargeable to him ceases on the date of the actual retirement.
κ1967 Statutes of Nevada, Page 1093 (CHAPTER 410, SB 432)κ
Sec. 4. NRS 286.676 is hereby amended to read as follows:
286.676 If, at the time of his death, a member had 15 or more years of service, his widow, upon attaining the age of 60 years, may receive the sum of $100 per month or 50 percent of the average salary received by the deceased member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. If, at the time of his death, a member had [25] 20 or more years of service and did not elect an optional retirement plan as offered in this chapter, his widow, upon attaining the age of 60 years, may receive $125 per month or 50 percent of the average salary received by such member for the 3 consecutive highest salaried years of his last 10 years of service, whichever is less. Payments, or the right to receive payments, shall cease upon the death or remarriage of the widow. Benefits under this section shall not be renewable following termination.
________
Senate Bill No. 453Clark County Delegation
CHAPTER 411
AN ACT to amend an act entitled An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 51 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as amended by chapter 226, Statutes of Nevada 1957, at page 316, is hereby amended to read as follows:
Section 51. City Taxes. The board shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax [not exceeding 1.6 per cent] upon the assessed value of all real estate, and personal property within the city made taxable by law; and the tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of the state for collection of state and county taxes; and the revenue laws of the state shall, in every respect not inconsistant with the provisions of this act, be deemed applicable and so held to the levying, assessing and collecting of the city taxes; provided, that in the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization, as are the state and county. And whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing and collecting the state and county revenues, shall with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenue of the city. The board shall enact all such ordinances as it may deem necessary and not inconsistent with this act and the laws of the state, for the prompt, convenient and economical collecting of the city revenue.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1094κ
Senate Bill No. 373Clark County Delegation
CHAPTER 412
AN ACT to amend chapter 396 of NRS, relating to the University of Nevada, by adding a new section empowering the board of regents to purchase real property through deferred payments.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of regents may purchase real property for cash or by making a cash down payment and executing or assuming an obligation to pay the remainder of the price in deferred installments.
2. Such obligation may be secured by a mortgage or deed of trust of the real property acquired, but shall not constitute an obligation of the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 440Committee on Judiciary
CHAPTER 413
AN ACT to amend various sections of NRS relating to the powers and duties of the public service commission of Nevada.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. NRS 703.110 is hereby amended to read as follows:
703.110 1. The majority of the commissioners shall have full power to act in all matters within their jurisdiction.
2. If two commissioners are disqualified or if there are two vacancies within the commission, the remaining commissioner shall exercise all the powers of the commission.
3. Public hearings shall be conducted by one or more commissioners.
Sec. 2. NRS 703.130 is hereby amended to read as follows:
703.130 1. The commission shall appoint a secretary [, who shall be an expert rate man,] and an assistant secretary.
2. The commission may employ such other clerks, experts or engineers as may be necessary.
3. The compensation of the secretary and other employees shall be fixed in accordance with the provisions of chapter 284 of NRS.
Sec. 3. NRS 703.230 is hereby amended to read as follows:
703.230 [1.] The commission and the commissioners thereof are authorized to cooperate with the Federal Government, the Department of Transportation and the various boards, commissions and agencies [thereof] under the Federal Motor Carrier Act, the Federal Communications Commission Act, the Federal Power Act and the Interstate Commerce Commission Act, which Federal departments, agencies and acts provide for certain participation of state commissions or the members thereof in cooperative procedure.
κ1967 Statutes of Nevada, Page 1095 (CHAPTER 413, SB 440)κ
[thereof] under the Federal Motor Carrier Act, the Federal Communications Commission Act, the Federal Power Act and the Interstate Commerce Commission Act, which Federal departments, agencies and acts provide for certain participation of state commissions or the members thereof in cooperative procedure.
[2. The public service commission revolving fund created pursuant to the provisions of chapter 110, Statutes of Nevada 1937, for the purpose of advancing the traveling, living and incidental expenses of the commission and the commissioners thereof when cooperating with the Federal Government under the acts enumerated in subsection 1, for which an original appropriation of $1,000 was made, is hereby continued.
3. The commission shall maintain the public service commission revolving fund in a bank in this state authorized to act as a depositary of state funds in an account in the name of the commission to be known and designated as the public service commission revolving fund, and shall secure the deposit by a bond or bonds or other security designated by law as proper security for deposits in such banks of other state funds and satisfactory to the state treasurer. Moneys on deposit shall be payable only upon checks of the commission signed by the secretary and one commissioner thereof or by any two commissioners for use for the purposes provided for in this section.
4. The commission is authorized to withdraw moneys from the deposit and fund in the manner and for the purposes specified in this section and in no other manner and for no other purpose. Moneys may be withdrawn for the purpose of obtaining in advance the money necessary to defray the estimated traveling, living and incidental expenses of attending any such meeting or conference, which estimate shall be determined by the commission and entered of record in its minutes or by written resolution signed by at least two members of the commission prior to the beginning of any such trip.
5. Upon the return of any commissioner from any such meeting or conference, he shall immediately prepare and present his voucher or claim to the Federal Government or the proper board, commission or agency thereof, in the manner required by federal law, for a refund of the amount of his lawful traveling, living and incidental expenses of the trip as provided by federal law. Upon receipt by him of the moneys allowed and paid to or for him on any such voucher or claim, he shall immediately deposit in the account and bank the full amount of the moneys so theretofore withdrawn by or for him therefrom for such purposes, so that such redeposits shall always equal the amounts of such withdrawals and so as to keep the total amount of the revolving fund so on deposit in any such account and bank equal to the sum of $1,000, the original amount of the fund, after each such refund and redeposit.]
Sec. 4. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1096κ
Senate Bill No. 381Senator Farr
CHAPTER 414
AN ACT relating to the state fire marshal; to establish his responsibility for fire safety in state buildings and public schools; and providing other matters properly relating thereto.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 331.100 is hereby amended to read as follows:
331.100 The superintendent shall have the following specific powers and duties:
1. To keep all buildings, rooms, basements, floors, windows, furniture and appurtenances clean, orderly and presentable as befitting public property. [, and in such condition as to reduce fire hazards to a minimum.]
2. To keep all yards and grounds clean and presentable, with proper attention to landscaping and horticulture.
3. [To] Under the supervision of the state fire marshal, to make arrangements for the installation and maintenance of water sprinkler systems, fire extinguishers, fire hoses and fire hydrants, and to take other fire prevention and suppression measures, necessary and feasible, that may reduce the fire hazards in all buildings under his control.
4. To make arrangements and provision for the maintenance of the states water system supplying the state-owned buildings at Carson City, with particular emphasis upon the care and maintenance of water reservoirs, in order that a proper and adequate supply of water be available to meet any emergency.
5. To make arrangements for the installation and maintenance of water meters designed to measure accurately the quantity of water obtained from sources not owned by the state.
6. To make arrangements for the installation and maintenance of a lawn sprinkling system on the grounds adjoining the Capitol Building at Carson City, or on any other state-owned grounds where such installation is practical or necessary.
7. To make arrangements for the installation of a central telephone switchboard or switchboards to serve the state offices, in one or more buildings as may be practical or feasible.
8. To investigate the feasibility, and economies resultant therefrom, if any, of the installation of a central power meter, to measure electrical energy used by the state buildings in the vicinity of and including the Capitol Building at Carson City, assuming the buildings were served with power as one unit.
9. To purchase, use and maintain such supplies and equipment as are necessary for the care, maintenance and preservation of the buildings and grounds under his supervision and control.
10. Subject to the provisions of chapter 426 of NRS relative to the operation of vending stands in or on public buildings and properties by blind persons, to install or remove vending machines and vending stands in the buildings under his supervision and control, and to have control of and be responsible for their operation.
κ1967 Statutes of Nevada, Page 1097 (CHAPTER 414, SB 381)κ
Sec. 2. NRS 353.270 is hereby amended to read as follows:
353.270 1. The state board of finance shall place all insurance required by the State of Nevada upon its property, dealing only with companies authorized to do business in the state.
2. [The state board of finance shall have power:
(a) To inspect all state buildings and order such fire-extinguishing and safety appliances as shall be deemed necessary for the protection of the property against fire.
(b) To order the removal of combustibles and rubbish from the property, or order such changes in the entrances or exits of the buildings as shall insure the safety of the inmates, together with such fire escapes as the board may deem necessary.
3. Should the commissioners or board in charge of such state property refuse to comply with the order of the state board of finance within 30 days after such order reaches them, the state board of finance shall have the power to order the required work to be done and the required fire-extinguishing and safety appliances installed at the expense of the commission or board having charge of the property. Payment for the same shall be a valid claim against the state.
4.] The state board of finance is authorized to use the facilities of the office of the commissioner of insurance to carry out the provisions of this section.
Sec. 3. NRS 394.170 is hereby amended to read as follows:
394.170 1. The authorities in charge of every private school within this state shall provide fire drills for the pupils in the schools at least twice in each month during the school year.
2. In all cities or towns which have regularly organized, paid fire departments or voluntary fire departments, fire drills shall be conducted under the supervision of the chief of the fire department of the city or town.
3. The state fire marshal shall prescribe general regulations governing fire drills and shall, with the cooperation of the superintendent of public instruction arrange for the supervision of fire drills in schools where such drills are not supervised pursuant to subsection 2.
4. Copies of this section shall be kept posted in every classroom of every private school by the principal or teacher in charge thereof.
[4.] 5. The principal, teacher or other person in charge of each school building shall see that the provisions of this section are enforced.
[5.] 6. Any violation of the provisions of this section is a misdemeanor.
Sec. 4. Chapter 477 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state fire marshal shall:
(a) Inspect all state buildings and order such fire-extinguishing and safety appliances as he deems necessary for the protection of the property against fire.
(b) Order the removal of combustibles and rubbish from the property, or order such changes in the entrances or exits of the buildings as will promote the safety of the inmates, or order the provision of such fire escapes as he may deem necessary.
κ1967 Statutes of Nevada, Page 1098 (CHAPTER 414, SB 381)κ
2. If the agency in charge of any state property fails to comply with the order of the state fire marshal for any structural change within 30 days after the receipt of such order, the fire marshal shall report such failure to the state planning board. The state planning board shall thereupon take necessary steps to correct the situation as ordered.
________
Assembly Bill No. 436Committee on Judiciary
CHAPTER 415
AN ACT to amend chapter 179 of NRS, relating to special criminal proceedings, by adopting the Uniform Criminal Extradition Act; providing penalties; and to repeal NRS 179.210 to 179.300, inclusive, relating to fugitives from justice.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 179 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 31, inclusive, of this act.
Sec. 2. Sections 2 to 31, inclusive, of this act may be cited as the Uniform Criminal Extradition Act.
Sec. 3. As used in sections 2 to 31, inclusive, of this act, unless the context requires otherwise:
1. Executive authority means the governor, and any person performing the functions of governor in a state other than this state.
2. Governor means any person performing the functions of governor by authority of the law of this state.
3. State, when referring to a state other than this state, means any other state or territory, organized or unorganized, of the United States of America.
Sec. 4. Subject to the provisions of sections 2 to 31, inclusive, of this act, the provisions of the Constitution of the United States controlling, and any and all Acts of Congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony or other crime, who has fled from justice and is found in this state.
Sec. 5. No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless it is:
1. In writing alleging, except in cases arising under section 8 of this act, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state; and
2. Accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or
κ1967 Statutes of Nevada, Page 1099 (CHAPTER 415, AB 436)κ
3. Accompanied by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole.
The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.
Sec. 6. When a demand is made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
Sec. 7. 1. When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the governor of this state may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated.
2. The governor of this state may also surrender on demand of the executive authority of any other state any person in this state who is charged in the manner provided in section 25 of this act with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
Sec. 8. The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section 5 of this act with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand, and the provisions of sections 2 to 31, inclusive, of this act not otherwise inconsistent shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
Sec. 9. If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
Sec. 10. Such warrant shall authorize the peace officer or other person to whom directed to:
1. Arrest the accused at any time and any place where he may be found within the state; and
2. Command the aid of all peace officers or other persons in the execution of the warrant; and
3. Deliver the accused, subject to the provisions of this act, to the duly authorized agent of the demanding state.
κ1967 Statutes of Nevada, Page 1100 (CHAPTER 415, AB 436)κ
Sec. 11. Every such peace officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
Sec. 12. 1. No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him has appointed to receive him unless he is first taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel.
2. If the prisoner or his counsel state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus.
3. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.
Sec. 13. Any officer who delivers to the agent for extradition of the demanding state a person in his custody under the governors warrant, in willful disobedience to section 12 of this act, shall be guilty of a misdemeanor.
Sec. 14. 1. The officer or persons executing the governors warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping.
2. The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this state with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping. Such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state.
Sec. 15. 1. Whenever any person within this state is charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state and, except in cases arising under section 8 of this act, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole; or
κ1967 Statutes of Nevada, Page 1101 (CHAPTER 415, AB 436)κ
confinement, or having broken the terms of his bail, probation or parole; or
2. Whenever complaint has been made before any judge or magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and, except in cases arising under section 8 of this act, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole and is believed to be in this state,
the judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any other judge, magistrate or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
Sec. 16. The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding 1 year; but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding section. Thereafter his answer shall be heard as if he had been arrested on a warrant.
Sec. 17. If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 8 of this act, that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time, not exceeding 30 days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in section 16 of this act, or until he is legally discharged.
Sec. 18. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the governor of this state.
Sec. 19. If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed 60 days, or a judge or magistrate judge may again take bail for his appearance and surrender, as provided in section 18 of this act, but within a period not to exceed 60 days after the date of such new bond.
κ1967 Statutes of Nevada, Page 1102 (CHAPTER 415, AB 436)κ
Sec. 20. If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.
Sec. 21. If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor, in his discretion, either may surrender him on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this state.
Sec. 22. The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided has been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
Sec. 23. The governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.
Sec. 24. Whenever the governor of this state demands a person charged with crime or with escaping from confinement or breaking the terms of his bail, probation or parole in this state, from the executive authority of any other state, or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of this state, to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed.
Sec. 25. 1. When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the governor his written application for a requisition for the return of the person charged in which application shall be stated:
(a) The name of the person so charged;
(b) The crime charged against him;
(c) The approximate time, place and circumstances of its commission;
(d) The state in which he is believed to be, including the location of the accused therein at the time the application is made; and
(e) A certification that, in the opinion of the prosecuting attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
2. When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation or parole, the prosecuting attorney of the county in which the offense was committed, the parole board, or the warden of the institution or sheriff of the county from which escape was made shall present to the governor a written application for a requisition for the return of such person, in which application shall be stated:
(a) The name of the person;
(b) The crime of which he was convicted;
κ1967 Statutes of Nevada, Page 1103 (CHAPTER 415, AB 436)κ
(c) The circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole; and
(d) The state in which he is believed to be, including the location of the person therein at the time application is made.
3. The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole board, warden or sheriff may also attach such further affidavits and other documents in duplicate as he deems proper to be submitted with such application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the secretary of state of the State of Nevada to remain of record in that office. The other copies of all papers shall be forwarded with the governors requisition.
Sec. 26. When the punishment of the crime is the confinement of the criminal in the penitentiary, the expenses shall be paid out of the state treasury, on the certificate of the governor and warrant of the state controller; and in all other cases they shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses shall be the fees paid to the officers of the state on whose governor the requisition is made, and not exceeding 5 cents a mile for all necessary travel in returning such prisoner.
Sec. 27. A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer which he is being or has been returned, until he has been convicted in the criminal proceeding, or, if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.
Sec. 28. 1. Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation or parole may waive the issuance and service of the warrant provided for in sections 9 and 10 of this act and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he consents to return to the demanding state; but before such waiver is executed or subscribed by such person it shall be the duty of such judge to inform such person of his rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in section 12.
2. If and when such consent has been duly executed it shall forthwith be forwarded to the office of the governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent. Nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this state.
κ1967 Statutes of Nevada, Page 1104 (CHAPTER 415, AB 436)κ
deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this state.
Sec. 29. Nothing contained in this act shall be deemed to constitute a waiver by this state of its right, power or privilege to try such demanded person for crime committed within this state, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this state, nor shall any proceedings had under this act which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges or jurisdiction in any way whatsoever.
Sec. 30. After a person has been brought back to this state by or after waiver of extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition.
Sec. 31. The provisions of this act shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.
Sec. 32. NRS 179.210 to 179.300, inclusive, are hereby repealed.
________
Senate Bill No. 58Senators Hug and Farr (By request)
CHAPTER 416
AN ACT to amend NRS 108.2394, relating to preliminary notice for mechanics liens, by extending the time for such notice; and providing other matters properly relating thereto.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.2394 is hereby amended to read as follows:
108.2394 1. Every person, firm, partnership, corporation or other legal entity, other than one who performs labor, who claims the benefit of NRS 108.221 to 108.2394, inclusive, shall, within [20] 31 days after the first delivery of material or performance of work or services under his contract, deliver in person or by certified mail to the owner or reputed owner of the property or to the person whose name appears as owner on the building permit, if any, for the improvement a notice in substantially the following form:
Notice to Owner of Materials Supplied
or Work or Services Performed
To: ................................................................................................................................
(Owners name and address)
The undersigned [hereby informs] notifies you that he has supplied materials or performed work or services as follows:
κ1967 Statutes of Nevada, Page 1105 (CHAPTER 416, SB 58)κ
...................................................................................................................................
(General description of materials, work or services
and anticipated total value)
for improvement of real property identified as (property description [)] or street address) under contract with (general contractor or subcontractor). [, and that he may at a future date claim a lien as provided by law against such property if not paid pursuant to such contract. This notice is required by NRS 108.2394.] This is not a notice that the undersigned has not been or does not expect to be paid, but a notice required by law that the undersigned may, at a future date, claim a lien as provided by law against the property if the undersigned is not paid.
.......................................................................
(Claimant)
2. Such notice shall not constitute a lien or give actual or constructive notice of a lien for any purpose.
3. No lien for materials furnished or for work or services performed, except labor, may be perfected or enforced pursuant to NRS 108.221 to 108.2394, inclusive, unless such notice has been given.
4. The notice shall not be verified, sworn to or acknowledged.
5. No notice is required pursuant to this section with respect to materials purchased directly by the owner.
6. As used in this section, owner does not include any person, firm or corporation whose only interest in the real property is under a mortgage, deed of trust or other security arrangement.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 104Clark County Delegation
CHAPTER 417
AN ACT to amend Title 18 of NRS, relating to the state executive department, by adding a new chapter creating a state council on the arts; declaring policy and purpose; providing powers and duties of the council; and providing other matters properly relating thereto.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 18 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires:
1. Council means the Nevada state council on the arts.
2. Executive board means the executive board of the council.
Sec. 3. The legislature hereby determines and declares that:
1. The giving of further recognition to the arts as a vital aspect of our culture and heritage is an essential means of expanding the educational programs and promoting the general welfare of the people of the State of Nevada.
κ1967 Statutes of Nevada, Page 1106 (CHAPTER 417, SB 104)κ
programs and promoting the general welfare of the people of the State of Nevada.
2. With increasing leisure time, the practice and enjoyment of the arts are of growing importance.
3. Many citizens of the state desire increased opportunity to view, enjoy or participate in the performing and fine arts.
4. To this end, it is the policy of the State of Nevada to join with institutions and professional organizations concerned with the arts to insure that the role of the arts in the life of the communities of the state will continue to grow and play an ever increasing part in the cultural development and educational experience of the citizens of the State of Nevada.
Sec. 4. The Nevada state council on the arts, consisting of not more than 21 members, broadly representative or having knowledge of all fields of the performing and fine arts, is hereby created.
Sec. 5. 1. The governor shall appoint members from among citizens of Nevada who are known for their knowledge of and experience in the performing and fine arts.
2. Each member shall be appointed for a term of 4 years and any member who serves a full 4-year term shall not be eligible for reappointment during the next-succeeding year after the expiration of his term.
3. If a vacancy occurs on the council, the governor shall fill the vacancy by the appointment of an eligible person to serve for the remainder of the unexpired term.
Sec. 6. 1. Meetings of the council shall be held annually or at the discretion of the chairman of the executive board.
2. A majority of the members of the council shall constitute a quorum for the transaction of business.
3. Each member of the council shall have one vote for the purpose of furthering the objectives of the council.
Sec. 7. 1. The executive board of the council shall consist of six members elected by and from the members of the council and the following ex officio, nonvoting members:
(a) A representative from the office of the governor.
(b) The chancellor, or his representative, of the University of Nevada.
(c) The chancellor, or his representative, of Nevada Southern University.
2. The executive board shall elect from its membership a chairman, who shall be chief executive officer of the board and the council, a vice chairman and a secretary-treasurer.
3. All executive board members shall serve for a term of 4 years and any vacancies that occur on the board shall be filled by election by and from the members of the council for the remainder of the unexpired term.
Sec. 8. The executive board may employ, and remove at pleasure, such advisors, officers and other employees as may be needed and fix their compensation within the amounts available for such purposes.
Sec. 9. Members of the council shall receive no compensation for their services.
Sec. 10. 1. The council shall stimulate throughout the state the presentation of the performing and fine arts and encourage artistic expression essential for the well-being of the arts, and shall make an annual report to the governor and the legislature on their progress in this regard.
κ1967 Statutes of Nevada, Page 1107 (CHAPTER 417, SB 104)κ
essential for the well-being of the arts, and shall make an annual report to the governor and the legislature on their progress in this regard.
2. The council is hereby authorized to:
(a) Hold public and private hearings;
(b) Enter into contracts, within the limit of funds available therefor, with:
(1) Individuals, organizations and institutions for services furthering the educational objectives of the council; and
(2) Local and regional associations for cooperative endeavors furthering the educational objectives of the councils programs;
(c) Accept gifts, contributions and bequests of unrestricted funds from individuals, foundations, corporations and other organizations and institutions for the purpose of furthering the educational objectives of the councils programs; and
(d) Make any agreement appropriate to carry out the purposes of this chapter.
3. The council shall be the sole and official agency of this state to receive and disburse any funds made available to the state by the National Foundation on the Arts pursuant to 20 U.S.C. § 954h.
4. The council may request and shall receive from any department, division, board, bureau, commission or agency of the state such assistance and data, as feasible and available, as will enable the council properly to carry out the purposes of this chapter.
________
Senate Bill No. 137Senator Hecht
CHAPTER 418
AN ACT relating to vital statistics; to broaden the scope of chapter 440 of NRS; providing for central registration of marriages, annulments and divorces; providing for reproduction of records; limiting disclosure of recording information; providing for fees; and providing other matters properly relating thereto.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 440.080 is hereby amended to read as follows:
440.080 As used in this chapter, vital statistics [includes the registration, preparation, transcription, collection, compilation and preservation of data pertaining to births, adoptions, legitimations, deaths, stillbirths] means records of birth, legitimation of birth, death, fetal death, marriage, annulment of marriage, divorce and data incidental thereto.
Sec. 2. NRS 440.170 is hereby amended to read as follows:
440.170 1. All certificates in the custody of the state registrar are open to inspection subject to the provisions of this chapter. It shall be unlawful for any employee of the state to disclose data contained in vital statistics, except as authorized by this chapter or by the state board of health.
κ1967 Statutes of Nevada, Page 1108 (CHAPTER 418, SB 137)κ
2. [Disclosure of illegitimacy of birth or information from which legitimacy or illegitimacy of birth of any child can be ascertained may be made only upon an order of a court of competent jurisdiction in a case where such information is necessary for the determination of personal or property rights, and then only for such purpose.] Information in vital statistics indicating that a birth occurred out of wedlock shall not be disclosed except upon order of a court of competent jurisdiction.
3. The board may permit the use of data contained in vital statistics records for research purposes, but without identifying the persons to whom the records relate.
Sec. 2.5. NRS 440.280 is hereby amended to read as follows:
440.280 1. The attending physician or midwife shall file a certificate of birth, properly and completely filled out, giving all the particulars required by this chapter, with the local health officer of the registration district in which the birth occurred within 10 days after the date of birth. If no physician or midwife was in attendance, then the father or mother, householder or owner of the premises, manager or superintendent of the public or private institution in which the birth occurred shall notify the local health officer, within 10 days after the birth, of the fact that a birth has occurred. The local health officer shall then secure the necessary information and signature to make a proper certificate of birth.
2. In cities, the certificate of birth shall be filed at a less interval than 10 days after the birth if so required by municipal ordinance or regulation now in force or which may hereafter be enacted.
3. If the mother was married at the time of birth, the name of her husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court of competent jurisdiction.
4. If the mother was unmarried at the time of birth, the name of the father shall not be entered on the certificate without the written consent of the mother and of the person to be named as father unless paternity has been determined by a court of competent jurisdiction.
5. If a determination of paternity has been made by a court of competent jurisdiction, the name of the father as determined by the court shall be entered on the certificate.
Sec. 3. NRS 440.680 is hereby amended to read as follows:
440.680 1. For the making and certification of the record of any birth or death registered under the provisions of this chapter, the state registrar shall be entitled to a fee of $2, to be paid by the applicant.
2. For supplying the certificate described in NRS 440.670 the state registrar shall be entitled to a fee of $1, to be paid by the applicant.
3. [For any search of the files and records when no certified copy is made the state registrar shall be entitled to a fee of $1 for each hour or fractional part of an hour of time of search, to be paid by the applicant.] The state board of health shall prescribe the fees, if any, not to exceed $2 per copy, to be paid for other certificates or certified copies of records, or for a search of the files or records when no copy is made.
Sec. 4. Chapter 440 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 11, inclusive, of this act.
Sec. 5. (Deleted by amendment.)
Sec. 6. (Deleted by amendment.)
κ1967 Statutes of Nevada, Page 1109 (CHAPTER 418, SB 137)κ
Sec. 7. 1. The state board of health shall prescribe, and the state registrar of vital statistics shall furnish in sufficient numbers to each county clerk for distribution, a form for the reporting of divorces and annulments of marriage.
2. The information required by such form shall be limited to:
(a) The names of the parties;
(b) The court and county in which the decree is granted; and
(c) The date of the decree.
Sec. 8. 1. A record of each marriage performed in this state shall be filed with the state registrar of vital statistics as provided in this section.
2. Each county recorder shall on Monday of each week forward to the state registrar of vital statistics the certificates of marriage delivered to him during the preceding week.
3. After entering in his records the names of the parties, the date of the marriage and the county in which it was performed and recorded, the state registrar of vital statistics shall within 5 days after receiving the certificate return it to the county recorder from whom it was received.
Sec. 9. 1. For each divorce and annulment of marriage granted by any court in this state a report shall be prepared and filed by the clerk of the district court with the state registrar of vital statistics. The information necessary to prepare the report shall be furnished, with the complaint in the action, to the clerk of the district court by the complainant or his or her legal representative on the form furnished by the state registrar of vital statistics.
2. On the first business day of each month the clerk of the district court shall forward to the state registrar of vital statistics the report of each divorce and annulment granted during the preceding calendar month.
3. Every clerk of the district court shall collect a fee of $1, which shall be forwarded to the state treasurer to be deposited in the general fund in the state treasury. Such fee shall be in addition to the other costs in the case.
Sec. 10. To preserve original documents, the state registrar of vital statistics is authorized to prepare typewritten, photographic or other reproductions of original records and files in his office. Such reproductions when certified by him shall be accepted as the original record.
Sec. 11. 1. Upon request, the state registrar may furnish statistical data to:
(a) The Public Health Service in the Department of Health, Education, and Welfare, upon reimbursement for the cost of furnishing such data.
(b) Any other federal, state, local or other public or private agency, upon such terms or conditions as may be prescribed by the state board of health.
2. No person may prepare or issue any document which purports to be an original, certified copy or official copy of:
(a) A certificate of birth, death or fetal death, except as authorized in this chapter or by the state board of health.
(b) A certificate of marriage, except a county recorder or a person so required pursuant to NRS 122.120.
(c) A decree of divorce or annulment of marriage, except a county clerk or the judge of a court of record.
κ1967 Statutes of Nevada, Page 1110 (CHAPTER 418, SB 137)κ
Sec. 12. NRS 122.060 is hereby amended to read as follows:
122.060 1. The clerk shall be entitled to receive as his fee for issuing the license the sum of $1, but if licenses are issued after regular office hours, the board of county commissioners may set an additional fee by county ordinance, a part of which, in counties having a population of less than 20,000, the board may allow the clerk to retain as his fee for extra services, and the balance of which shall be deposited in the county general fund.
2. The clerk shall also at the time of issuing the license collect the sum of $1 and pay the same over to the county recorder as his fee for recording the certificate named in NRS 122.130.
3. The clerk shall also at the time of issuing the license collect the additional sum of [$3] $4 for the State of Nevada. The fees collected for the state shall be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and shall be placed to the credit of the state fund. The county treasurer shall remit quarterly all such fees deposited by the clerk to the state treasurer, to be placed by the state treasurer in the general fund of the state.
Sec. 13. NRS 122.130 is hereby amended to read as follows:
122.130 1. Every person solemnizing a marriage shall make a record thereof, and within 30 days after the marriage shall make and deliver to the county recorder of the county where the license was issued a certificate under his hand containing the particulars mentioned in NRS 122.120.
2. The certificate may be in the following form:
|
State of Nevada
County of................................. |
} |
ss. |
This is to certify that the undersigned, a justice of the peace of ......................... County (minister of the gospel, judge or justice, as the case may be), did on the .............. day of .................................., A.D. 19..........., at ................................... (address or church) ................................., ........................................ (city), ........................................, join in lawful wedlock A.B. and C.D., with their mutual consent, in the presence of E.F. and G.H., witnesses.
.......................................................................
Justice of the Peace
3. All certificates shall be [filed and] recorded by the county recorder in a book to be kept by him for that purpose. For recording the certificates he shall receive the fees designated in subsection 2 of NRS 122.060.
Sec. 14. This act shall become effective on January 1, 1968.
________
κ1967 Statutes of Nevada, Page 1111κ
Senate Bill No. 221Senator Dodge
CHAPTER 419
AN ACT to amend NRS 474.200, relating to taxation of property in county fire protection districts, by including all taxable personal property in the basis for the levy of such tax.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 474.200 is hereby amended to read as follows:
474.200 1. At the time of making the levy of county taxes for that year, the boards of county commissioners shall levy the tax certified upon all [real property, together with improvements thereon and all telephone lines, powerlines and other public utility lines which are defined as personal property with the provisions of NRS 361.030, in the district.] property, both real and personal, subject to taxation within the boundaries of the district, including the net proceeds of mines. Any tax levied on interstate or intercounty telephone lines, powerlines and other public utility lines as authorized herein shall be based upon valuations as established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.
2. When levied, the tax shall be entered upon the assessment rolls and collected in the same manner as state and county taxes.
3. When the tax is collected it shall be placed in the treasury of the county in which the greater portion of the district is located, to the credit of the current expense fund of the district, and shall be used only for the purpose for which it was raised.
________
Senate Bill No. 376Senators Herr and Lamb
CHAPTER 420
AN ACT relating to public contracts and purchasing of supplies, materials and equipment; to provide qualifications and preferences for certain bidders; and providing other matters properly relating thereto.
[Approved April 17, 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 the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. In awarding contracts for furnishing supplies, materials or equipment either directly or through a contractor or subcontractor, to the State of Nevada or any political subdivision thereof, to be paid for from public funds, a bidder who furnishes such commodities produced or manufactured in the state shall be awarded the contract in preference to any competing bidder who furnishes such commodities not produced or manufactured in the state whenever the bid of the competing bidder, taking into consideration comparative quality and suitability, is less than:
κ1967 Statutes of Nevada, Page 1112 (CHAPTER 420, SB 376)κ
1. Fiver percent lower, if the amount of the bid is less than $50,000.
2. Two and one-half percent lower, if the amount of the bid is $50,000 or more, but less than $500,000.
3. One and one-half percent lower, if the amount of the bid is $500,000 or more.
Sec. 3. In awarding contracts for furnishing supplies, materials or equipment, either directly or through a contractor or subcontractor, to the State of Nevada or any political subdivision thereof, the contract shall be awarded to a bidder who furnishes such commodities supplied by a dealer who is a resident of the state and who has for not less than 2 successive years immediately prior to submitting the bid paid state and county taxes within the state on a stock of materials of the kind offered and reasonably sufficient in quantity to meet the requirements of customers from such stock, instead of shipping stock into the state to fill orders previously taken, in preference to a competing bidder who furnishes such commodities not supplied by such a resident dealer whenever the bid of the competing bidder, taking into consideration comparative quality and suitability, is less than:
1. Five percent lower, if the amount of the bid is less than $50,000.
2. Two and one-half percent lower, if the amount of the bid is $50,000 or more, but less than $500,000.
3. One and one-half percent lower, if the amount of the bid is $500,000 or more.
Sec. 4. Sections 2 and 3 of this act do not apply:
1. To irrigation districts organized pursuant to chapter 539 of NRS.
2. When and to the extent that there is a conflict with any applicable federal statute or regulation.
Sec. 5. NRS 333.300 is hereby amended to read as follows:
333.300 1. The chief shall give reasonable notice, by advertising and by written notice mailed to persons, firms or corporations in a position to furnish the classes of commodities involved, as shown by its records, of all proposed purchases of supplies, materials and equipment to be purchased in accordance with a schedule prepared in conformity with the provisions of NRS 333.140.
2. All such materials, supplies and equipment, except as otherwise provided in this section, when the estimated cost thereof shall exceed $500, shall be purchased by formal contract from the lowest responsible bidder [,] in conformity with sections 2 to 4, inclusive, of this act, after due notice inviting the submission of sealed proposals to the chief of the purchasing division at his office in Carson City, Nevada, until a date and hour as set forth in the proposal form, and at such date and hour the proposals shall be publicly opened. The purchasing division may reject any or all proposals, or may accept the proposal determined best for the interest of the state. Such notice shall be published as outlined in NRS 333.310.
3. In case of emergencies due to acts of God or the national defense or other unforeseeable circumstances, the provisions for advertisements on competitive bids may be waived by the chief; but every effort should be made to secure the maximum competitive bidding under the circumstances, and in no case shall contracts be awarded until every possible effort has been made to secure at least three bona fide competitive bids.
κ1967 Statutes of Nevada, Page 1113 (CHAPTER 420, SB 376)κ
In awarding contracts for the purchase of supplies, materials and equipment, whenever two or more lowest bids are identical, the chief shall [give preference to proposals from firms operating with a place of business in Nevada which have paid state and county taxes in Nevada. In the purchase of equipment, consideration shall also be given to those firms which maintain an adequate supply of parts for such equipment in Nevada.] comply with sections 2 to 4, inclusive, of this act.
________
Senate Bill No. 27Senator Bailey
CHAPTER 421
AN ACT to empower the governor to implement the Highway Safety Act of 1966; providing for a comprehensive highway safety program plan; creating the highway safety program planning fund in the state treasury and making appropriations therefor; and providing other matters properly relating thereto.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 223 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The governor may contract and do all other things necessary to secure the full benefits available to this state under the Highway Safety Act of 1966 (including 23 U.S.C. ch. 4). In so doing, he shall cooperate with federal and state agencies, private and public organizations, and individuals to effectuate the purposes of such act and all amendments thereto which may subsequently be enacted.
2. The governor shall administer through an appropriate state agency, which he shall designate within 30 days from the effective date of this act, the highway safety programs of this state and those of its political subdivisions, all in accordance with the Highway Safety Act of 1966 and federal rules and regulations in implementation thereof.
3. The state agency designated by the governor pursuant to subsection 2 shall, with the assistance of the legislative commission, the supreme court of Nevada, the department of highways, the health division of the department of health and welfare, the state department of education and other state agencies and local subdivisions, cause to be prepared a comprehensive highway safety program plan detailing how the State of Nevada proposes to progress toward long-range state goals to achieve full compliance by December 31, 1968, or thereafter, with the program standards promulgated pursuant to the Highway Safety Act of 1966. The plan shall, without limitation, include:
(a) Estimates when the state could begin each program specified in the standards;
(b) Estimates of annual costs of each program;
(c) Estimates when the state will reach full compliance with the standards; and
κ1967 Statutes of Nevada, Page 1114 (CHAPTER 421, SB 27)κ
(d) Projects deemed appropriate for planning and administration of the state highway safety program.
4. Costs of preparation of the highway safety program shall be paid from the highway safety program planning fund hereby created in the state treasury. Such fund shall consist of moneys provided by direct legislative appropriation and by the Federal Government. The state agency designated by the governor pursuant to subsection 2 is authorized to make the necessary applications for federal funds and provide required demonstrations that federal moneys will be matched with state funds in the highway safety program planning fund.
Sec. 2. There is hereby appropriated to the highway safety program planning fund:
1. From the general fund in the state treasury the sum of $10,000.
2. From the state highway fund in the state treasury the sum of $10,000.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 220Senators Bunker, Lamb, Christensen and Herr
CHAPTER 422
AN ACT making an appropriation to the University of Nevada for the fiscal year 1967-1968 for the support of a football program at Nevada Southern University.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year commencing July 1, 1967, and ending June 30, 1968, there is hereby appropriated from the general fund in the state treasury to the University of Nevada to initiate a football program at Nevada Southern University the sum of $15,000. After June 30, 1968, any unexpended balance of the appropriation herein made shall not be encumbered or committed for expenditure, and shall revert to the general fund in the state treasury on September 1, 1968.
Sec. 2. This appropriation neither commits the legislature to support nor precludes the legislature from further supporting this program in subsequent years.
________
κ1967 Statutes of Nevada, Page 1115κ
Senate Bill No. 264Committee on Transportation
CHAPTER 423
AN ACT authorizing and directing the state highway engineer to convey certain property at Lake Tahoe known as the Cave Rock park and boat landing to the division of state parks of the state department of conservation and natural resources without consideration and for park purposes; and providing other matters properly relating thereto.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state highway engineer is hereby authorized and directed to convey to the division of state parks of the state department of conservation and natural resources, by quitclaim deed, without consideration therefor, for park purposes that property known as Cave Rock park and boat landing at Lake Tahoe, situated in the county of Douglas, State of Nevada, and described as being portions of Lot 3 and Lot 4 in Section 27, T. 14 N., R. 18 E., M.D.B. & M., and more fully described as follows:
All of the land lying west of the westerly highway right-of-way line for State Route 3 (U.S. 50) and east of the low water line of Lake Tahoe; such westerly right-of-way line described as follows to wit:
BEGINNING at a point on the left or westerly highway right-of-way line of Nevada State Route 3 (U.S. 50), such point of beginning being 39.36 feet left of and at right angles to Highway Engineers Station O2 354+59.47 P.O.T., and more fully described as bearing N. 16°46′43ʺ E. a distance of 514.49 feet from the south meander corner of Section 27, T. 14 N., R. 18 E., M.D.B. & M.; thence N. 10°06′34ʺ W., along such highway right-of-way line, a distance of 141.88 feet to a point; thence N. 55°00′27ʺ W., along such highway right-of-way line, a distance of 158.12 feet to a point; thence N. 4°18′38ʺ W., along such highway right-of-way line, a distance of 1,041.19 feet to the point of ending; the point of ending being 150.00 feet left of and measured radially from Highway Engineers Station A 368+45.44 P.S.C.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1116κ
Senate Bill No. 504Senator Farr
CHAPTER 424
AN ACT creating a special legislative flag; authorizing an expenditure from the legislative fund for the acquisition of a number of such flags for public display and gifts; and providing other matters properly relating thereto.
[Approved April 17, 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:
1. The official flag of the legislature of the State of Nevada is hereby created containing substantially the design and colors submitted by the senior government class of the Tonopah High School, Tonopah, Nye County, Nevada, to the 54th session of the legislature, with the addition of the words Nevada Legislature which shall appear above and below such design in an arc on the field.
2. The official flag shall be flown over the building where the legislature meets when the legislature is in session.
Sec. 2. The director of the legislative counsel bureau shall:
1. File with the secretary of state the original design of the official flag of the legislature.
2. Expend from the legislative fund money necessary to acquire:
(a) Four official flags of the legislature, two of which shall be delivered to the chief of the buildings and grounds division of the department of administration for use in compliance with subsection 2 of section 1 of this act, and two of which, with appropriate cordons, eagles, poles and stands, shall be displayed permanently in each legislative house.
(b) A sufficient number of miniature official flags of the legislature for display on each legislators desk and as a gift to each member of the 1967 senior government class of the Tonopah High School.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 516Senator Pozzi
CHAPTER 425
AN ACT to amend an act entitled An Act fixing minimum and maximum salary limitations for the elected county officers of Ormsby County, Nevada; providing for the appointment and salaries of clerks and deputies of officers of such county; repealing chapter 376, Statutes of Nevada 1957, as amended; and providing other matters properly relating thereto, approved April 19, 1963, as amended.
[Approved April 17, 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 396, Statutes of Nevada 1963, as amended by chapter 22, Statutes of Nevada 1967, is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1117 (CHAPTER 425, SB 516)κ
Section 1. 1. The following-named officers of Ormsby County, Nevada, shall receive the following annual salaries to be fixed by the board of county commissioners by resolution or ordinance from time to time within the minimum and maximum amounts as follows:
(a) The sheriff shall receive a salary of not less than $6,500 or more than [$10,000.] $12,000.
(b) The county assessor shall receive a salary of not less than $6,500 or more than [$10,000.] $12,000.
(c) The district attorney shall receive a salary of not less than $6,500 or more than [$10,000.] $12,000.
(d) The county clerk and ex officio county treasurer shall receive a salary of not less than $6,500 or more than [$10,000.] $12,000.
(e) The county recorder and ex officio county auditor shall receive a salary of not less than $6,500 or more than [$10,000.] $12,000.
(f) Each member of the board of county commissioners of Ormsby County shall receive a salary of not less than $2,400 or more than $3,000.
2. The county recorder and ex officio county auditor of Ormsby County shall serve as public administrator without additional salary but shall be entitled to any fees provided by law for the public administrator.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 519Committee on Finance
CHAPTER 426
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $100,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 463Committee on Judiciary
CHAPTER 427
AN ACT authorizing the board of regents of the University of Nevada to acquire certain real property through condemnation proceedings.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of any other statute, and subject to the limitations contained in this act, the board of regents of the University of Nevada may, for university purposes and on behalf of the university, acquire title to the following described real property by condemnation proceedings brought in the name of the University of Nevada:
κ1967 Statutes of Nevada, Page 1118 (CHAPTER 427, AB 463)κ
university, acquire title to the following described real property by condemnation proceedings brought in the name of the University of Nevada:
1. In T. 16 N., R. 19 E.:
NW 1/4 of SE 1/4 of Section 18.
2. In T. 21 S., R. 61 E.:
Part of the north 470 feet of the east 250 feet of the SE 1/4 of the SE 1/4 of Section 22, further identified as three lots on the west side of Maryland Parkway adjacent to the south property line of the Nevada Southern University campus and approximately 850 feet north of Tropicana Avenue.
All township and range references are to the Mount Diablo Base and Meridian.
Sec. 2. The board of regents may pay for such property out of any moneys under its control which are lawfully available for such purpose, but shall not pledge the credit of or otherwise obligate the State of Nevada for the payment of any money or thing of value for the acquisition of any such property.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 535Committee on State Institutions and Libraries
CHAPTER 428
AN ACT to amend NRS 433.090, relating to the qualifications and selection of the superintendent of the Nevada state hospital, by broadening the required professional experience.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 433.090 is hereby amended to read as follows:
433.090 1. The superintendent shall:
(a) Hold a degree of doctor of medicine from a medical school accredited by the American Medical Association.
(b) Be fully licensed to practice medicine in Nevada.
(c) Have training and experience in the field of psychiatry.
(d) Have at least 3 years of demonstrated successful experience in the administration of a state mental institution or of a comparable private sanitarium [.] , or at least 5 years of demonstrated successful experience in a combination of private and institutional psychiatric practice which includes responsible administrative experience.
2. He shall be selected on the basis of his training, experience, capacity and interest in the care of mentally ill persons, and in the administration of mental institutions.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1119κ
Assembly Bill No. 466Committee on Taxation
CHAPTER 429
AN ACT to amend NRS 463.360, relating to penalties for violations of the laws regulating gaming, by making the willful evasion of gaming license fees and taxes a felony.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.360 is hereby amended to read as follows:
463.360 1. Conviction by a court of competent jurisdiction of the violation of any of the provisions of this chapter may act as an immediate revocation of any and all licenses which may have been issued to the violator, and, in addition, the court may, upon application of the district attorney of the county or of the commission, order that no new or additional license under this chapter be issued to such violator, or be issued to any person for the room or premises in which such violation occurred, for a period of 1 year from the date of such revocation.
2. Any person who willfully fails to report, pay or truthfully account for and pay over any license fee or tax imposed by the provisions of this chapter, or willfully attempts in any manner to evade or defeat any such license fee, tax or payment thereof shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. The violation of any of the provisions of this chapter, the penalty for which is not herein specifically fixed, is a gross misdemeanor.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1967.
________
Assembly Bill No. 512Committee on Education
CHAPTER 430
AN ACT to amend NRS 341.155, relating to the use of the services of the state planning board by the board of regents of the University of Nevada, by authorizing the state planning board to contract for educational consulting service for the university.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 341.155 is hereby amended to read as follows:
341.155 1. It is expressly prescribed to be the duty of the board of regents of the University of Nevada to use the services of the state planning board, as provided in NRS 341.150, for the construction of all buildings, the money for which is appropriated by the legislature, upon the real property of the university.
2. With the concurrence of the board of regents of the University of Nevada, the state planning board may enter into agreements with persons, associations or corporations to provide to the University of Nevada educational consulting services relating to the determination of the future needs and the planning of necessary programs and facility needs at the university.
κ1967 Statutes of Nevada, Page 1120 (CHAPTER 430, AB 512)κ
associations or corporations to provide to the University of Nevada educational consulting services relating to the determination of the future needs and the planning of necessary programs and facility needs at the university.
3. Any such contracts shall be for a term not exceeding 5 years and shall provide for payment of a fee for such services not to exceed one-half of 1 percent of the total value of building construction contracts relating to the construction of university campus facilities during the term and in the area covered by the contract.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 533Committee on Roads, Transportation and Aviation
CHAPTER 431
AN ACT to revise the descriptions of state highway routes 8, 8a and 8b and to create a new state highway route designated state route 140; and providing other matters properly relating thereto.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.405 is hereby amended to read as follows:
408.405 Route 8 begins at a point on [Route 1 in Winnemucca, thence northerly by Paradise Hill to a point on the Nevada-Oregon state line at McDermit.] Route 140 north of Paradise Hill, to a point on the Nevada-Oregon state line at McDermit.
Sec. 2. NRS 408.410 is hereby amended to read as follows:
408.410 Route 8a begins at a point on Route 4 east of Tonopah, thence northerly through Smoky Valley to a point on Route 2 east of Austin. Route 8a begins again at a point on Route 2 west of Austin, thence northerly through the Reese River Valley to a point on Route 1 at Battle Mountain. Route 8a begins again at [a point on route 8 north of Paradise Hill, thence northwesterly to a point on the Nevada-Oregon state line at Denio. Route 8a begins again at the California-Nevada state line east of Cedarville, California, thence easterly by Vya, Massacre Lake and Thousand Creek to a junction with itself south of Denio.] the California-Nevada state line east of Cedarville, California, thence easterly by Vya and Massacre Lake to a point on Route 140 near Big Spring Reservoir.
Sec. 3. NRS 408.415 is hereby amended to read as follows:
408.415 Route 8b begins at a point on [Route 8 near Paradise Hill, thence northeasterly via Paradise Valley to the south boundary of the Humboldt National Forest south of Indian Creek.] Route 140 near Paradise Hill, thence northeasterly via Paradise Valley to the south boundary of the Humboldt National Forest south of Indian Creek.
Sec. 4. Chapter 408 of NRS is hereby amended by adding thereto a new section to read as follows:
κ1967 Statutes of Nevada, Page 1121 (CHAPTER 431, AB 533)κ
Route 140 begins at a point on Route 1 in Winnemucca, thence northerly by Paradise Hill, thence northwesterly by Quinn River crossing and Thousand Creek to a point on the Nevada-Oregon state line, en route to Adel, Oregon.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 415Committee on Education
CHAPTER 432
AN ACT appropriating moneys from the general fund in the state treasury for distribution to the county school districts to assist in the development of vocational educational programs; establishing conditions upon which the moneys may be distributed; and providing other matters properly relating thereto.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury the sum of $250,000 for distribution by the state board for vocational education to county school districts on a matching basis for area vocational-technical school programs.
Sec. 2. Such funds shall be used for the improvement and extension of vocational-technical school programs on a secondary school level and may be expended for the following purposes:
1. Instructional salaries and travel expenses.
2. Equipment and supplies.
3. Ancillary services, such as supervision and vocational guidance.
4. Transportation of students between home schools and vocational training centers within the school district.
Sec. 3. In order for a county school district to receive funds appropriated by section 1 of this act, the following conditions must exist:
1. A vocational-technical program shall be available to all students in the area designated by the state board for vocational education.
2. Vocational-technical schools in the area shall consist of no less than five separate fields of vocational-technical education.
3. Instructional facilities and equipment shall be approved by the state board for vocational education.
4. All programs shall be administered under the provisions of the Nevada state plan for vocational-technical education adopted by the state board for vocational education to the extent that they apply to secondary programs and special need programs.
5. Instruction shall be provided by local educational agencies operated under public supervision and control.
6. The instruction shall be designed to prepare an individual for gainful employment.
7. The instruction for persons preparing to enter the labor market shall include practical field, laboratory or work experience and instruction related to the occupation or a similar occupation to that for which the student is being trained.
κ1967 Statutes of Nevada, Page 1122 (CHAPTER 432, AB 415)κ
shall include practical field, laboratory or work experience and instruction related to the occupation or a similar occupation to that for which the student is being trained.
8. The types of occupations for which instruction is offered include all levels of gainful employment from semiskilled jobs through technical occupations.
9. Enrollment of students must be based upon appropriate criteria such as age, maturity, interests, general ability, specific aptitudes, previous education and work experience.
10. To assure soundness and quality of instruction:
(a) Instruction shall be directed toward providing skills and knowledge required in the occupation and shall include a planned logical sequence of elements needed to meet the occupational objective.
(b) Instructors shall consult often with potential employers and others knowledgeable in the occupational field.
(c) Instruction shall include the most up-to-date knowledge and skills in the occupational field.
(d) Instruction shall be sufficiently extensive and intensive to prepare the individual for employment.
(e) Instruction shall combine and coordinate related instruction with field, shop, laboratory, cooperative work, or other occupational experience meeting the above requirements and shall be supervised, directed or coordinated by a certified vocational teacher.
(f) Instruction shall be supported by adequate facilities and instructional materials.
(g) Instruction shall be conducted by a person who is qualified both as a teacher and as a person skilled and knowledgeable in the occupational field in which he is employed to teach.
(h) Vocational guidance and counseling personnel and services shall be sufficient to enable the program to meet and continue to meet the standards and requirements of the Nevada state plan for vocational-technical education as adopted by the state board for vocational education.
11. A county school district shall be eligible to receive funds from this appropriation upon approval by and compliance with the rules and regulations promulgated by the state board for vocational education.
________
κ1967 Statutes of Nevada, Page 1123κ
Assembly Bill No. 324Clark County Delegation
CHAPTER 433
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 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 23 of the above-entitled act, being chapter 167, Statutes of Nevada 1947, as added by chapter 130, Statutes of Nevada 1949, and amended by chapter 302, Statutes of Nevada 1963, at page 551, is hereby amended to read as follows:
Section 23. That all proceedings heretofore had in connection with the creation of the Las Vegas valley water district and in the organization of its board of directors, including specifically the petition filed for the creation of the district, the order entered by the board of county commissioners of Clark County, Nevada, on August 30, 1948, creating said district, the election held therein on October 19, 1948, at which such creation was approved by the voters, the proceedings had by the board of county commissioners on November 3, 1948, canvassing such election results and confirming the creation of such district, and the proceedings had by the board of directors of such district on November 4, 1948, organizing as the governing body of the district are, despite any irregularities which may have occurred therein and despite any failure which may have occurred to comply with pertinent statutory provisions, hereby legalized, ratified, validated and confirmed, and the Las Vegas valley water district is hereby declared to be a validly created and legally existing district under the provisions of chapter 167, Statutes of Nevada 1947, as amended, [with the following boundaries:] comprising the following lands:
1. Beginning at the NW corner of section 6, T. 19 S., R. 60 E.; thence running south 12 miles to the SW corner of section 31, T. 20 S., R. 60 E.; thence westerly along the 5th standard parallel S. to the NE corner of section 1, T. 21 S., R. [60] 59 E.; thence south 9 miles to the SW corner of section 18, T. 22 S., R. [62] 60 E.; thence east 18 miles to the SE corner of section 13, T. 22 S., R. 62 E.; thence south 1 mile to the SW corner of section 19, T. 22 S., R. 63 E.; thence east 2 miles to the SE corner of section 20, T. 22 S., R. 63 E.; thence north 4 miles to the NE corner of section 5, T. 22 S., R. 63 E.; thence east 1 mile to the SE corner of section 33, T. 21 S., R. 63 E.; thence north 2 miles to the NE corner of section 28, T.
κ1967 Statutes of Nevada, Page 1124 (CHAPTER 433, AB 324)κ
corner of section 28, T. 21 S., R. 63 E.; thence west 4 miles to the SE corner of section 23, T. 21 S., R. 62 E.; thence north 4 miles to the NE corner of section 2, T. 21 S., R. 62 E.; thence east along the fifth standard parallel south to the SE corner of section 35, T. 20 S., R. 62 E.; thence north 9 miles to the NE corner of section 23, T. 19 S., R. 62 E.; thence west 11 miles to the SE corner of section 13, T. 19 S., R. 60 E.; thence north 3 miles to the NE corner of section 1, being also the NE corner of T. 19 S., R. 60 E.; thence west 6 miles to the place of beginning, the NW corner of T. 19 S., R. 60 E.
The above description includes all of T. 19 S., R. 60 E.; all of T. 20 S., R. 60 E.; all of T. 21 S., R. 60 E.; and all of the north one-half of T. 22 S., R. 60 E.; all of the south one-half of T. 19 S., R. 61 E.; all of T. 20 S., R. 61 E.; all of T. 21 S., R. 61 E., and sections 1-18, inclusive, T. 22 S., R. 61 E.; sections 19-23 and 26-35, inclusive, T. 19 S., R. 62 E.; sections 2-11, 14-23, and 26-35, inclusive, T. 20 S., R. 62 E.; sections 2-11, 14-23 and 25-36, inclusive, T. 21 S., R. 62 E.; sections 1-18, inclusive, T. 22 S., R. 62 E.; sections 28-33, inclusive, of T. 21 S., R. 63 E.; sections 5-8 and 17-20, inclusive, of T. 22 S., R. 63 E.; M.D.B. & M.; and
2. All of T. 19 S., R. 59 E.; all of T. 20 S., R. 59 E.; all of T. 21 S., R. 59 E.; all of T. 22 S., R. 59 E.; sections 19-36, inclusive, T. 22 S., R. 60 E.; sections 19-36, inclusive, T. 22 S., R. 61 E.; sections 19-36, inclusive, T. 22 S., R. 62 E.; sections 3, 4, 9, 10, 15, 16, 21, 22, and 27-34, inclusive, T. 22 S., R. 63 E.; sections 6, 7 and 13-27 and 34-36, inclusive, T. 21 S., R. 63 E.; sections 1, 12, 13 and 24, T. 21 S., R. 62 E.; sections 1 and 12, T. 20 S., R. 62 E.; sections 4-9, 16-21, and 28-33, inclusive, T. 19 S., R. 63 E.; sections 1-18, inclusive, 24, 25 and 36, T. 19 S., R. 62 E.; sections 1-18, inclusive, T. 19 S., R. 61 E.; M.D.B. & M., and the governing body thereof is hereby declared to be a board of directors consisting of Harry Miller, president, Thomas Campbell, vice president, Spencer Butterfield, secretary-treasurer, Victor Shurtliff, member, E. O. Underhill, member, James Cashman, member, John Bunch, member, as so created, and under said board of directors and the successors thereto elected as provided in chapter 167 aforesaid, said district is hereby authorized to carry out all of the powers imposed in it by the provisions of chapter 167 aforesaid as it now exists and as it may hereafter be amended.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1125κ
Assembly Bill No. 534Committee on Taxation
CHAPTER 434
AN ACT relating to community pastures; to provide for the taxation of such pastures in certain irrigation districts; and providing other matters properly relating thereto.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.060 is hereby amended to read as follows:
361.060 All lands and other property owned by any county, [incorporated farm bureau,] domestic municipal corporation, irrigation, drainage or reclamation district [,] or town [or village] in this state shall be exempt from taxation [.] , except as provided in NRS 539.213 with respect to certain community pastures.
Sec. 2. NRS 539.213 is hereby amended to read as follows:
539.213 1. The board of directors is empowered, without calling an election therefor, to lease, in the name of the district, lands, from the United States Government or any other person or corporation, that are situate [in or near] within or without the district for use by the water users of the district as a community pasture, under such rules and regulations as the board may prescribe. The board [may] shall collect such fees from the owners of livestock using such pasture as [may, in the judgment of the board, be advisable.] will cover the cost of such lease and operation.
2. In any district whose irrigated acreage is less than 50,000 acres, the leasing of lands for use as community pasture is hereby declared to be a proprietary function of the district. The county assessor of the county in which such lands are located shall assess the leasehold interest of the district in such lands for taxation as other lands so used are assessed, and the district shall pay to the ex officio tax receiver of such county the taxes levied upon the interest so assessed, at the same times as other taxes upon real estate are paid.
3. The board of directors shall apportion the amount of taxes so required to be paid among the several users of the community pasture, and collect from each his proportionate share in addition to any other fees charged.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1126κ
Assembly Bill No. 538Committee on Ways and Means
CHAPTER 435
AN ACT making a supplemental appropriation from the general fund in the state treasury for the support of the welfare division of the department of health and welfare in providing aid to dependent children for the fiscal year ending June 30, 1967.
[Approved April 17, 1967]
Whereas, By the provisions of section 27 of chapter 489, Statutes of Nevada 1965, for the fiscal year ending June 30, 1967, there was appropriated $842,700 to the welfare division of the department of health and welfare to provide aid to dependent children; and
Whereas, An unanticipated increase in cases requiring aid to dependent children necessitates additional funds for the fiscal year ending June 30, 1967; now, therefore,
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 $28,000 for the support of the welfare division of the department of health and welfare as an additional and supplemental appropriation to those allowed and made by section 27 of chapter 489, Statutes of Nevada 1965, for aid to dependent children.
2. 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.
________
Assembly Bill No. 196Committee on Fish and Game
CHAPTER 436
AN ACT to amend NRS 503.590, regulating the maintenance of collections of animals, birds and reptiles, by simplifying and clarifying the law; requiring a license; and providing other matters properly relating thereto.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 503.590 is hereby amended to read as follows:
503.590 1. Except as provided in this section, it shall be unlawful for any person, firm, partnership or corporation to maintain any zoo, menagerie or display of live wild animals, wild birds or [other wildlife or nondomesticated species of animals,] reptiles, either native or exotic, or to exhibit as a zoo, menagerie or display any living wild animals, birds or [other wildlife,] reptiles, whether for compensation or otherwise.
κ1967 Statutes of Nevada, Page 1127 (CHAPTER 436, AB 196)κ
2. Any municipal corporation, political subdivision, agency or department of the State of Nevada may apply to the commission for permission to maintain and operate a zoo, menagerie or display of wild animals, wild birds or [wildlife,] reptiles, setting forth such matters as may be required by the commission. Upon approval of the application, the applicant may maintain and conduct such zoo, menagerie or display of wild animals, wild birds or [wildlife.] reptiles.
3. Any individual may [apply to the commission for a permit to] maintain a private collection of legally obtained live wild animals, wild birds [or] and reptiles [. Being satisfied that] if such collection [will not be] is not maintained for public display nor as a part of or adjunct to any commercial establishment. [, the commission may grant such permit. The permit shall authorize the permittee to keep and maintain live predatory animals, live predatory birds, live nongame animals, live nongame birds and live reptiles, subject to inspection by the commission or its agents, and shall be revocable at any time.
4. Nothing in this section shall be construed to prohibit the collection, housing and study of animals, birds or reptiles by those engaged in scientific research, by and with the consent of the commission.] The commission may promulgate regulations governing the maintenance of wild animals, wild birds and reptiles in captivity and may require the registration of such wildlife. If such regulations are adopted and published, no person, firm, partnership or corporation may capture or maintain a private collection of any wild animals, wild birds or reptiles except in compliance with such regulations.
4. Any person, firm, partnership or corporation may apply to the commission for a license to maintain a permanently located trained animal act for public display if such act is under the supervision and control of a competent animal trainer. The commission shall in its discretion determine whether an animal collection qualifies for a license under this subsection. A license issued pursuant to this subsection is valid during the calendar year for which it is issued. The commission may charge a fee for such license which shall not exceed $10.
5. This section shall not apply to any regularly organized traveling circus, menagerie or trained act of wild animals not permanently located within the State of Nevada [.] or to pet stores, licensed by any city or county to sell wildlife, which display the species offered for sale.
6. A violation of the provisions of this section shall be a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1128κ
Assembly Bill No. 411Committee on Elections
CHAPTER 437
AN ACT relating to elections; permitting precinct meetings to be held outside the precinct in public buildings in the ward or voting district in which the precinct is located; specifying requirements of notice of precinct meetings; and providing other matters properly relating thereto.
[Approved April 17, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.135 is hereby amended to read as follows:
293.135 1. The county central committee of each political party in each county shall cause a mass meeting of the [qualified electors] registered voters of the party, registered as such, residing in each voting precinct entitled to delegates in the county convention, to be called and held [in such precinct] on or before the fifth day preceding the dates set by the respective state central committees in each year in which a general election is held, or if no earlier date is set then on or before the fifth day before the 2nd Tuesday in April. [, and shall cause notice of the time and place of the holding of such meeting to be posted in at least three public places in each precinct at least 5 days prior to the day of such meeting.
2. The notice shall specify the number of delegates to the county convention to be chosen at such meeting and shall be published in one or more newspapers, if there be any, published in the precinct.
3. The county central committee shall cause such further notice of such meeting to be given as the conditions existing in the precinct may reasonably require.]
2. The meeting may be held:
(a) In any building, public or private, within the precinct; or
(b) If no suitable public or private building is available within the precinct, then in any public building within the ward or voting district, if any, in which such precinct is located.
3. The county central committee shall give notice of the meeting by:
(a) Posting in a conspicuous place outside the building where the meeting is to be held at least 5 days prior to the date of such meeting:
(b) Publication at least 5 days prior to the date of such meeting in one or more newspapers of general circulation in the precinct, published in the county, if any are so published. The notice shall be printed in conspicuous display advertising format of not less than 10 column inches, and shall include the following language, or words to like effect:
Notice to All Voters Registered
in the (State Name of Political Party)
Nevada state law requires each political party, in every year during which a general election is held, to cause a mass meeting to be held in each precinct. All persons registered in that party and residing in that precinct are entitled to attend the mass meeting. Delegates to your partys county convention will be elected at the meeting by those in attendance. Set forth below are the time and place at which your mass meeting will be held, together with the number of delegates to be elected from each precinct.
κ1967 Statutes of Nevada, Page 1129 (CHAPTER 437, AB 411)κ
be held, together with the number of delegates to be elected from each precinct. If you wish to participate in the organization of your party for the coming 2 years, attend your mass meetings.
(c) Such further means as conditions existing in the precinct may reasonably require.
4. The notice shall specify:
(a) The date, time and place of the meeting; and
(b) The number of delegates to the county convention to be chosen at the meeting.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 497Committee on State, County and City Affairs
CHAPTER 438
AN ACT to amend the title of and to amend an act entitled An Act to reorganize and reincorporate the City of Henderson, a municipal corporation, in Clark County, Nevada; providing definitions of words and terms and for such reorganization and reincorporation; defining the boundaries of the city and providing for wards and annexation of additional territory; granting general and specific powers to the city; providing for the offices of mayor, councilmen, city manager, city clerk, city treasurer, city auditor, city assessor, city attorney and police judge, and specifying the powers, duties and compensation of such officers; creating departments and other officers within the municipal government and defining their powers and duties; providing for revenue, finances, municipal bonds and franchises, local improvements, elections, a civil service system; providing general and transitional provisions and for the imposition of fines and penalties; repealing certain acts; and providing other matters properly relating thereto, approved March 30, 1965, as amended.
[Approved April 17, 1967]
Whereas, The legislature finds that:
1. Certain territory lying beyond the existing boundaries of the City of Henderson constituting 2,175 acres is planned for extensive development for residential, commercial, industrial, recreational, educational and institutional purposes. The development will surround an artificial lake to be formed behind a dam across that certain drainage channel commonly known as Las Vegas Wash, the lake to be known as Lake Adair; and
2. Such territory falls within the planning area of the City of Henderson, that city being the closest municipal corporation to such territory, and it is desirable that such territory be included within the City of Henderson in order to assure the proper and orderly development of the city and surrounding areas of Clark County; and
3. Circumstances appertaining to the development and its relation to the city represent a local situation of unique character and the conditions under which the city desires to include such territory and under which the owners of such territory are desirous of having the territory included within the city are not possible of accomplishment under the general laws of the state; and
4. The passage of this act providing for the amendment of the city charter on the terms and conditions as enumerated herein will serve to accomplish the inclusion of such territory within the city in a manner consistent with the desires of the city and of the property owners; now, therefore,
κ1967 Statutes of Nevada, Page 1130 (CHAPTER 438, AB 497)κ
charter on the terms and conditions as enumerated herein will serve to accomplish the inclusion of such territory within the city in a manner consistent with the desires of the city and of the property owners; now, therefore,
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 240, Statutes of Nevada 1965, at page 438, is hereby amended to read as follows:
Section 1. Definitions. As used in this charter, unless the context otherwise requires:
1. Charter means and is synonymous with act.
2. City means the city of [Henderson,] Lake Adair, Nevada.
3. Council means the city council of the city of [Henderson,] Lake Adair, Nevada.
4. Councilman refers to each member of the city council including the mayor, except where otherwise specifically designated.
5. Person includes a company, partnership, association or corporation as well as a natural person.
Sec. 2. Section 4 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 439, is hereby amended to read as follows:
Section 4. Legislative declaration.
1. The legislature as guardian of the public interests, has the exclusive and virtually unrestrained control over incorporated cities within the state, and since it may create it may modify or destroy as public exigency requires or recommends.
2. The city of [Henderson,] Lake Adair, Nevada, a creature of the state, was established by authority of the legislature for the purposes of administration of local affairs of government in June 1953, pursuant to the provisions of chapter 125, Statutes of Nevada 1907, as amended, subsequently reenacted as chapter 266 of NRS.
3. The legislature finds that:
(a) Urban problems today more than ever before challenge imagination and require courage to attain the goal of efficient, economical and progressive municipal government; and
(b) The enactment of this charter, reorganizing and reincorporating the city of [Henderson,] Lake Adair, is necessary to produce a concise and workable legal framework for the government of the city of [Henderson] Lake Adair which will be responsive to the electorate and to the community.
4. The reorganized city of [Henderson] Lake Adair under the new charter will take in its new organization the place of the old one and will embrace substantially the same corporators and the same territory. The legislature intends:
(a) A continued existence of the same corporation, although different powers are possessed under the new charter and different officers administer its affairs.
κ1967 Statutes of Nevada, Page 1131 (CHAPTER 438, AB 497)κ
(b) That the liabilities as well as the rights of property of the corporation in its old form shall accompany the corporation in its reorganization, and the identity and continuity of the city shall not be destroyed since the people and the territory so reincorporated constitute an integral part of the corporation abolished.
Sec. 3. Section 5 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 439, is hereby amended to read as follows:
Section 5. Incorporation of city. After the effective date of this charter, for the uses and purposes stated in this charter, the inhabitants of that portion of Clark County, Nevada, embraced within the limits described in [section 6,] sections 6, 6.3 and 6.5, shall be and constitute a body politic and corporate, by the name and style of the city of [Henderson] Lake Adair and by that name and style they and their successors shall be known in law, have perpetual succession and may sue and be sued in all courts.
Sec. 4. The above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 438, is hereby amended by adding thereto a new section to be designated as section 6.5, which shall immediately follow section 6.3 and shall read as follows:
Section 6.5. Boundaries extended. In addition to the property described in sections 6 and 6.3 and any property annexed to the city pursuant to the provisions of section 8, the boundaries of the city shall include all the inhabitants, lands, tenements and property embraced within the following-described property within Clark County, Nevada: The following sections and portions of sections in T. 21 S., R. 63 E., M.D.B. & M. described as follows:
1. Those portions of section 14 described as the SW 1/4 of the NW 1/4 of the SE 1/4 of the NE 1/4; the W 1/2 of the SW 1/4 of the SE 1/4 of the NE 1/4; the S 1/2 of the NE 1/4 of the SW 1/4 of the NE 1/4; the SE 1/4 of the SW 1/4 of the NE 1/4; the W 1/2 of the SW 1/4 of the NE 1/4; the NW 1/4 of the NE 1/4 of the SW 1/4 of the NE 1/4; the W 1/2; the W 1/2 of the SE 1/4; and the W 1/2 of the NE 1/4 of the SE 1/4;
2. All of section 15;
3. All of section 22 excepting the SW 1/4 of the SW 1/4;
4. All of section 23 excepting the E 1/2 of the E 1/2;
5. The NW 1/4 of section 26;
6. All of section 27; and
7. The W 1/2 of section 34.
Sec. 5. Section 8 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 443, is hereby amended to read as follows:
Section 8. Annexations. Pursuant to law the boundaries of the city may be extended to include inhabitants, lands, tenements and property in addition to those specified in [section 6.] sections 6, 6.3 and 6.5.
Sec. 6. Section 22 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 446, is hereby amended to read as follows:
Section 22. Ordinances: Passage by bill; amendments; subject matter; title requirements.
1. No ordinance shall be passed except by bill and by a majority vote of the whole council. The style of all ordinances shall be as follows: The City Council of the City of [Henderson] Lake Adair do ordain.
κ1967 Statutes of Nevada, Page 1132 (CHAPTER 438, AB 497)κ
2. An ordinance shall embrace but one subject and matters necessarily or properly connected therewith and pertaining thereto, and the subject shall be clearly indicated in the title. In each case where the subject of the ordinance is not so expressed in the title, the ordinance is void as to the matter not expressed in the title.
3. Whenever an ordinance is amended, the section or sections thereof shall be reenacted as amended, and no ordinance shall be revised or amended by reference only to its title.
Sec. 7. Section 25 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 447, is hereby amended to read as follows:
Section 25. Codification of ordinances; publication of code.
1. The city council has the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the council, have incorporated therein a copy of this charter and such additional data as the council may prescribe. When such a publication is published, two copies shall be filed with the librarian of the Nevada state library, and thereafter the same shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances and the only title necessary for the ordinance shall be An ordinance for codifying and compiling the general ordinances of the city of [Henderson.] Lake Adair.
4. The codification may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 8. Section 74 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 460, is hereby amended to read as follows:
Section 74. Pleadings; practice.
1. The practice and proceedings in the municipal court shall conform, as nearly as practicable, to the practice and proceedings of justices courts in similar cases. The municipal court shall be treated and considered as a justices court whenever the proceedings thereof are called into question.
2. The papers and pleadings filed in the municipal court and process issuing therefrom shall be entitled In the Municipal Court of the City of [Henderson.] Lake Adair.
3. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought.
4. All actions brought to recover any fine or to enforce any penalty under any ordinance of any city shall be brought in the corporate name of the city as plaintiff; and no prosecution, recovery or acquittal for the violation of any such ordinance shall constitute a defense to any other prosecution of the same person for any other violation of any such ordinance, although the different causes of action existed at the same time, and if united would not have exceeded the jurisdiction of a justices court.
Sec. 9. Section 101 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 466, is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1133 (CHAPTER 438, AB 497)κ
Statutes of Nevada 1965, at page 466, is hereby amended to read as follows:
Section 101. Taxes paid to county treasurer; transfers of money to city treasury; bond redemption, sinking and general funds.
1. All taxes collected under or by virtue of this charter or of any city ordinance shall be paid to the county treasurer of Clark County at the same time as payment of taxes for state and county purposes is made, but nothing in this subsection shall be construed to require payment of any license taxes to the county treasurer of Clark County.
2. The county treasurer of Clark County shall:
(a) Receive such taxes, keep the same intact, separate and apart from other tax moneys and not commingled therewith.
(b) Be liable on his official bond for the correct keeping and transfer of such moneys as provided in this section.
(c) Render a statement to the city treasurer or financial officer of the city of the moneys and the amount thereof so received by him as often as he is required to do so by resolution of the council, regularly adopted, certified to under the seal of the city by the city clerk, and served upon the county auditor.
3. The county auditor shall draw his warrant for the full amount and the county treasurer shall transmit and deliver to the city treasury all moneys so collected and received by him, or so much thereof as shall be called for by the resolution specified in paragraph (c) of subsection 2, and shall thereupon take the receipt of the city treasurer or financial officer of the city therefor. All such moneys shall be placed in the funds of the city.
4. After receipt by the city treasurer or the financial officer of the city of such funds and at the next regular council meeting after demand has been made upon the county treasurer therefor, the council shall ascertain the amount that must be paid out of the funds thus received for bond interest and bond retirement prior to the due date of the next tax apportionment, whether the same be quarterly, semiannually or annually. Out of such funds received the council shall direct the payment of due bonds and interest. When such amount has been ascertained, the council shall order a sufficient amount of such funds to cover the same to be deposited in a special fund or funds to be known as the [Henderson] Lake Adair bond redemption fund [.] or funds. The funds thus segregated shall be used only for the purpose of paying the appropriate bond interest and maturing bonds, and shall not be subject to any other use or to any judicial process, attachment or execution.
5. Except as otherwise herein provided the remainder of the funds shall be deposited in a fund to be known as the [Henderson] Lake Adair general fund and shall be so kept until used for general city purposes and paid out on proper warrants. The council may set apart any surplus moneys in the [Henderson] Lake Adair general fund to the [Henderson] Lake Adair bond redemption fund, which surplus moneys shall be used for payment of bond interest and bond principal redemptions, for bonds then issued or for bonds to be issued, and which are secured by the full faith and credit of the property within the city.
6. Nothing contained in this section shall be construed to prevent the council from creating a sinking fund out of any surplus tax proceeds to fund any long-term public improvement or other public work or project.
κ1967 Statutes of Nevada, Page 1134 (CHAPTER 438, AB 497)κ
fund any long-term public improvement or other public work or project. When the council decides to set any surplus moneys aside in such a sinking fund the council shall adopt a resolution so setting such surplus moneys aside and defining the objects and purposes of such fund. When once so set aside such sinking fund shall be used only for the purpose or purposes for which it was expressly and specially appropriated.
Sec. 10. Section 110 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, as amended in 1967, is hereby amended to read as follows:
Section 110. City debt limit. The city shall not issue or have outstanding at any time an indebtedness in an amount in excess of 15 percent of the total assessed valuation of the taxable property within the corporate limits of the city as shown by the last preceding assessment for general (ad valorem) tax purposes, excepting from the operation of this limitation:
1. Warrants or other securities which are payable upon presentation or demand or within 1 year after the date thereof and securities payable from special assessments against benefited property whether issued pursuant to any general or special act, irrespective of whether such special assessment securities may or may not also be payable from general (ad valorem) taxes [; and] or from any revenues, proceeds or payments as permitted by paragraph (g) of subsection 1 of section 182 or by any other applicable provision of this charter or the general laws of the State of Nevada, or from any combination of the foregoing; and
2. Securities issued pursuant to any general or special act the principal and interest of which is payable solely from any revenues or combination of revenues of the city derived from other than general (ad valorem) taxes.
Sec. 11. Section 120 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 472, is hereby amended to read as follows:
Section 120. Negotiability of securities. Except for payment provisions expressly provided for in this article, the securities, any interest coupons thereto attached, and such interim or temporary securities shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law [.] and the Uniform Commercial Code-Investment Securities.
Sec. 12. Section 134 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 477, is hereby amended to read as follows:
Section 134. Legislative declaration. It is hereby declared as a matter of legislative determination:
1. That providing for the city the purposes, powers, duties, rights, disabilities, privileges, liabilities and immunities herein provided will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the State of Nevada.
2. That the acquisition, improvement, equipment, maintenance and operation of any project herein authorized is in the public interest, is conducive to the public welfare, and constitutes a part of the established and permanent policy of the State of Nevada.
3. That the necessity for this article is a result of the large population growth and intense residential, commercial and industrial development in the city and of the ensuing need for extensive local improvements therein.
κ1967 Statutes of Nevada, Page 1135 (CHAPTER 438, AB 497)κ
growth and intense residential, commercial and industrial development in the city and of the ensuing need for extensive local improvements therein.
4. That the legislature recognizes the duty of the city of [Henderson] Lake Adair as an instrument of state government to meet adequately the needs for such facilities within its boundaries.
5. That for the accomplishment of these purposes, the provisions of this article shall be broadly construed, and the rule that statutes in derogation of the common law are to be strictly construed shall have no application to this article.
6. That the notices herein provided are reasonably calculated to inform each interested person of his legally protected rights.
7. That the rights and privileges herein granted and the duties, disabilities and liabilities herein provided comply in all respects with any requirement or limitation imposed by any constitutional provision.
Sec. 13. Section 144 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 478, is hereby amended to read as follows:
Section 144. Cost, cost of project defined.
1. Cost or cost of the project, or words of similar import, means all or any part designated by the council of the cost of any facilities, project, or interest therein, being acquired, which cost, at the option of the council may include all or any part of the incidental costs pertaining to the project, including without limiting the generality of the foregoing, preliminary expenses advanced by the city from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, assessment plats, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the levy of assessments, the issuance of securities, the filing or recordation of instruments, the discounting of bonds, interest on interim warrants, the levy and collection of assessments and installments thereof, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the council.
2. Cost or cost of the project, or words of similar import, also means any amount or amounts as may be deemed by the council as necessary for the funding of a reserve fund which the council in its discretion is hereby authorized to establish for the purpose of additionally guaranteeing payment of the special assessment bonds.
Sec. 14. Section 178 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 483, is hereby amended to read as follows:
Section 178. Water project defined. Water project means facilities appertaining to the city water system for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, other raw water sources, basin cribs, dams, reservoirs, towers, other storage facilities, pumping plants and stations, filter plant, purification system, water treatment facilities, powerplant, waterworks plant, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, ditches, water transmission and distribution mains, pipes, lines, laterals, and service pipes, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the acquisition, transportation, treatment, purification and distribution of potable water or untreated water for domestic, [commercial and industrial] municipal, commercial, industrial and recreational use and irrigation (or any combination thereof), including real and other property therefor.
κ1967 Statutes of Nevada, Page 1136 (CHAPTER 438, AB 497)κ
lines, laterals, and service pipes, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the acquisition, transportation, treatment, purification and distribution of potable water or untreated water for domestic, [commercial and industrial] municipal, commercial, industrial and recreational use and irrigation (or any combination thereof), including real and other property therefor.
Sec. 15. Section 182 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 484, is hereby amended to read as follows:
Section 182. Collateral powers.
1. The council, upon behalf of the city and in its name, for the purpose of defraying all the cost of acquiring or improving, or acquiring and improving, any project herein authorized, or any portion of the cost thereof not to be defrayed with moneys available therefor from the general fund, any special fund, or otherwise, shall have power hereunder:
[1.] (a) To levy assessments against assessable property within the city and to cause the assessments so levied to be collected.
[2.] (b) To levy from time to time and cause to be collected taxes against all taxable property within the city, without limitation as to rate or amount, except for the limitation in section 2 of article 10 of the constitution of the State of Nevada, to pay the principal of and interest on bonds to the extent assessments are insufficient therefor.
[3.] (c) To pledge the proceeds of any assessments and taxes levied hereunder to the payment of special assessment bonds and to create liens on such proceeds to secure such payments.
[4.] (d) To issue special assessment bonds as herein provided.
[5.] (e) To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers granted herein, or in the performance of the citys covenants or duties or in order to secure the payment of its bonds, provided no encumbrance, mortgage or other pledge or property (excluding any money) of the city is created thereby, and provided no property (excluding money) of the city is liable to be forfeited or taken in payment of such bonds.
(f) To authorize any agreement, contract or lease by which the management, operation or maintenance of a project may be undertaken by or delegated to the Federal Government, any public or private corporation, or any association, firm, partnership or person, but any such action or actions shall neither destroy the public character of the project nor impair the ultimate control of the city over the administration and use of the project.
(g) To pledge the revenues, proceeds or payments arising out of any such agreement, contract or lease authorized in paragraph (f) of subsection 1 to the payment of special assessment bonds and to create liens on such revenues, proceeds or payments to secure the payment of such special assessment bonds.
(h) To establish a separate reserve fund or funds which shall be pledged to the payment of special assessment bonds as provided in subsection 2 of section 144, notwithstanding the provisions of subsection 8 of section 109 or any other provision of this charter or of the general laws of the state.
κ1967 Statutes of Nevada, Page 1137 (CHAPTER 438, AB 497)κ
2. Any such agreement, contract or lease authorized by the provisions of paragraph (f) of subsection 1 may be made by the council for any term which shall not exceed 99 years from the date thereof, and for such compensation and with such other terms as the council shall determine to be in the public interest, provided that:
(a) Any such agreement, contract or lease shall be authorized by resolution or ordinance, at the discretion of the council, without an election; and
(b) This subsection 2 and paragraph (f) of subsection 1 shall constitute complete and independent authority for the city to enter into such agreements, contracts or leases, and neither section 109 nor any other provision of this charter or of the general laws of the state shall govern or affect such agreements, contracts or leases.
Sec. 16. Section 185 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 485, is hereby amended to read as follows:
Section 185. Petition method. Whenever the owner or owners of lands to be assessed for not less than 90 percent of the entire cost of any project, including all incidental expenses, constituting at least 66 2/3 percent in frontage, in area or other property basis used for the computation of assessments as therein provided, as the case may be, by written petition, initiates the acquisition of any project which the council is authorized to initiate, subject to the following limitations:
1. The council may incorporate such project in any improvement district or districts.
2. The council need not proceed with the acquisition of any such project or any part thereof after holding a hearing thereon, pursuant to section 189, and all provisions thereof thereunto enabling, if the council determines that it is not for the public interest that the proposed project, or a part thereof, be then ordered to be made.
3. Any particular kind of project, or any material therefor, or any part thereof, need not be acquired or located, as provided in the petition, if the council determines that such is not for the public interest.
4. The council need not take any proceedings or action upon receiving any such petition, if the council thereupon determines by resolution that the acquisition of the designated project probably is not feasible for a reason or reasons stated in such resolution, and if the resolution requires a cash deposit or a pledge of property in at least an amount or value therein designated and found therein by the council probably to be sufficient to defray the expenses and costs incurred by the city taken preliminary to and in the attempted acquisition of the project designated in the petition, and if such deposit or pledge is not made with the treasurer within 20 days after one publication in a newspaper of general circulation in the city of a notice of the resolutions adoption and of its content in summary form. An additional deposit or pledge may from time to time be similarly so required as a condition precedent to the continuation of action by the city. Whenever such deposit or pledge is so made and thereafter the council determines that such acquisition is not feasible within the reasonable period of time, the council may require that all or any portion of the costs theretofore incurred in connection therewith by the city after its receipt of the petition shall be defrayed from such deposit or the proceeds of such pledged property in the absence of such defrayment of costs by petitioners or other interested persons within 20 days after the determination by resolution of the amount so to be defrayed and after such published notice thereof.
κ1967 Statutes of Nevada, Page 1138 (CHAPTER 438, AB 497)κ
from such deposit or the proceeds of such pledged property in the absence of such defrayment of costs by petitioners or other interested persons within 20 days after the determination by resolution of the amount so to be defrayed and after such published notice thereof.
5. When a petition is filed pursuant to this section initiating the acquisition of a project within or without the city, or both within and without the city, and when any portion of the property described in the petition as the property to be assessed to pay all or any portion of the cost and expense of such project is located outside the boundaries of the city, the city may carry out proceedings for the acquisition of the project pursuant to the provisions of this article to and including the adoption of the ordinance creating the improvement district. Any such ordinance creating the improvement district shall be made effective on or after the effective date of the inclusion of the property within the city.
Sec. 17. Section 193 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 490, is hereby amended to read as follows:
Section 193. Creation of district.
1. When an accurate estimate of costs, full and detailed plans and specifications and map are prepared, are presented and are satisfactory to the council, it shall, by ordinance, create the district and order the proposed project or projects to be acquired or improved.
2. The ordinance shall prescribe:
(a) The extent of the improvement district to be assessed, by boundaries or other brief description, and similarly of each assessment unit therein, if any.
(b) The kind and location of each project proposed (without mentioning minor details).
(c) The amount or proportion of the total cost to be defrayed by assessments, the method of levying assessments, the number of installments and the times in which the costs assessed will be payable.
(d) The character and extent of any construction units.
(e) The date on which the ordinance shall take effect if the district is created pursuant to proceedings taken in accordance with the provisions of subsection 5 of section 185.
3. The engineer may further revise such cost, plans and specifications and map from time to time for all or any part of any project, and the ordinance may be appropriately amended prior to letting any construction contract therefor and prior to any work being done other than by independent contract let by the city.
4. The ordinance, as amended, if amended, shall order the work to be done as hereinafter provided.
Sec. 18. Section 194 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 490, is hereby amended to read as follows:
Section 194. Methods of acquisition or improvement.
1. Any construction work for any project shall be done in any one or more of the following three ways:
(a) By independent contract.
(b) By use of city-owned or leased equipment and city officers, agents and employees.
κ1967 Statutes of Nevada, Page 1139 (CHAPTER 438, AB 497)κ
(c) By another public body or the Federal Government acquiring or improving a project or any interest therein which is herein authorized, which results in general benefits to the city and in special benefits to the assessable property being assessed therefor by the city within its boundaries.
2. Any project or any interest therein not involving construction work appertaining to a capital improvement may be acquired or improved pursuant to any appropriate contract, or otherwise, including, without limiting the generality of the foregoing, the condemnation or other acquisition of real property. Such contract may provide for the acquisition of a project to be constructed by another public or private corporation, firm, association or person, if, in the opinion of the council, the acquisition is in the public interest, and if, in the opinion of the council at the time that title to the project is to pass to the city, the project has been constructed in accordance with standards acceptable to the city. In such case nothing herein in subsection 1 of this section 194 nor in sections 195 to 197, inclusive, hereof shall be applicable.
3. Notwithstanding a project herein authorized or any interest therein may not be owned by the city nor be directly acquired or improved, nor the costs thereof directly incurred, by the city, and notwithstanding the project herein authorized or any interest therein may be located on land, an easement or other interest therein, or other real property owned by the Federal Government or a public body other than the city, the city shall have the power:
(a) To acquire or improve, or both acquire and improve, or to cooperate in the acquisition or improvement of, or both the acquisition and improvement of, the project, or any interest therein, with the Federal Government or any public body (other than the city), pursuant to agreement between or among the city and such other bodies corporate and politic, so long as the project or the interest therein acquired or improved, or both acquired and improved results in general benefits to the city and in special benefits to the assessable property being assessed therefor by the city within its boundaries.
(b) To levy special assessments on such assessable property to defray all or any part of the costs of the project or any interest therein, or to defray all or any part of the citys share of such costs if all costs are not being defrayed by the city.
(c) To issue bonds and to exercise other powers herein granted and appertaining to such acquisition or improvement, or both.
Sec. 19. Section 203 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 495, is hereby amended to read as follows:
Section 203. Preparation of proposed roll.
1. Upon receiving the copy of the resolution mentioned in section 200, the engineer shall make an assessment roll and state a proposed assessment therein upon each tract so reported to him, and he shall thereby defray the whole amount or amounts of all charges so directed to be levied upon each of such tracts respectively. When completed, he shall report the assessment roll to the council.
2. When any assessment is reported by the engineer to the council, as directed in this section, the same shall be filed in the office of the clerk and numbered.
κ1967 Statutes of Nevada, Page 1140 (CHAPTER 438, AB 497)κ
as directed in this section, the same shall be filed in the office of the clerk and numbered.
3. Such report shall be signed by the engineer and made in the form of a certificate endorsed on the assessment roll as follows:
(Form of Certificate)
|
State of Nevada
County of Clark |
} |
ss. |
To the City Council of the City of [Henderson,] Lake Adair, Clark County, Nevada:
I hereby certify and report that the foregoing is the assessment roll and assessments made by me pursuant to your resolution adopted (give date), for the purpose of paying that part of the cost which you decided should be paid and borne by special assessments for .................................. Improvement District No. ...........; that in making such assessments, I have, as near as may be, and according to my best judgment, conformed in all things to the direction contained in your resolution hereinbefore referred to.
.......................................................................
Engineer
Dated .............................................., Nevada, ......................................., 19............
Sec. 20. Section 206 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 496, is hereby amended to read as follows:
Section 206. Levy of assessments.
1. After the assessment roll is in final form and is so confirmed by resolution, the city by ordinance shall, by reference to such assessment roll as so modified, if modified, and as confirmed by such resolution, levy the assessments in the roll. If any other payments, proceeds or revenues are to be pledged to the payment of special assessment bonds which are payable from unpaid assessments pursuant to the provisions of paragraph (g) of subsection 1 of section 182, the ordinance shall set forth the terms and conditions of the pledge and shall order the establishment of the appropriate fund or funds in the city treasury into which shall be deposited such payments, proceeds or revenues.
2. Such decision, resolution and ordinance shall be a final determination of the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land.
3. Such determination by the council shall be conclusive upon the owners of the property assessed.
4. The roll, when endorsed by the clerk as the roll designated in the assessment ordinance, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessments and the assessment roll.
Sec. 21. Section 212 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 498, is hereby amended to read as follows:
Section 212. Limitations upon deferred payments.
κ1967 Statutes of Nevada, Page 1141 (CHAPTER 438, AB 497)κ
1. In case of such election to pay in installments, the assessment shall be payable in not less than two nor more than [20] 30 substantially equal annual installments, or not less than four nor more than [40] 60 substantially equal semiannual installments, or not less than eight nor more than [80] 120 quarter-annual installments of principal [.] ; but the council may provide in the assessment ordinance that installments of unpaid principal, together with interest thereon, may be payable in substantially equal installments annually, semiannually or quarter-annually as set forth above.
2. Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective installments due dates shall be payable annually, or semiannually, or quarter-annually, at a rate or rates not exceeding 7 percent per annum.
3. Nothing herein contained shall be construed as limiting the discretion of the council in determining whether assessments shall be payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, shall become due.
4. The council in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the city for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.
Sec. 22. Section 218 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 499, is hereby amended to read as follows:
Section 218. Collection of assessments.
1. When any assessment is so levied by ordinance and is payable, the council shall direct the clerk:
(a) [The] To report to the county assessor a description of such tracts as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made.
(b) To require the county treasurer to collect the several sums so assessed as a tax upon the several tracts to which they were assessed.
2. Thereupon the amount so levied in the assessment roll shall be collected in the manner provided in the ordinance levying the assessments, and enforced, both before and after delinquency, by the county treasurer and other county officers, as provided by law, with the other taxes in the general assessment roll of the county, and in the same manner. If payments, proceeds or revenues pledged pursuant to paragraph (g) of subsection 1 of section 182 are received, the clerk shall report annually to the county treasurer and other county officers whose duty it is to collect and enforce the collection of unpaid installments of assessments and other taxes in the general assessment roll of the county the amount of such payments, proceeds and revenues. In such case the amounts of unpaid installments shall be reduced in proportion to the amount of such payments, proceeds or revenues.
κ1967 Statutes of Nevada, Page 1142 (CHAPTER 438, AB 497)κ
3. Such amount shall continue to be a lien upon the tracts assessed until paid, as provided in section 213.
4. When such amount is collected, it shall be credited to the proper funds.
5. Nothing herein shall be construed as preventing the city from collecting any assessment by suit in the name of the council; and the assessment roll and the certified ordinance levying the assessment shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.
Sec. 23. Section 232 of the above-entitled act, being chapter 240, Statutes of Nevada 1965, as amended by chapter 40, Statutes of Nevada 1967, is hereby amended to read as follows:
Section 232. Bond details.
1. Any assessment bonds:
(a) Shall bear such date or dates;
(b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding [20] 30 years from their date;
(c) Shall bear interest which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;
(d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and
(e) At the option of the council, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed [,] ;
as provided by ordinance.
2. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the council in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
3. Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the council may determine, may be issued.
4. Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law and the Uniform Commercial Code-Investment Securities.
5. Notwithstanding any other provisions of law, the council, in any proceedings authorizing bonds hereunder, may:
κ1967 Statutes of Nevada, Page 1143 (CHAPTER 438, AB 497)κ
(a) Provide for the initial issuance of one or more bonds (in this subsection 5 called bond) aggregating the amount of the entire issue or any portion thereof.
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payment of interest on such bond.
(d) Make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.
6. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owners furnishing, to the satisfaction of the council:
(a) Proof of ownership.
(b) Proof of loss or destruction.
(c) A surety bond in twice the face amount of the bond and coupons.
(d) Payment of the cost of preparing and issuing the new bond.
7. Any bond shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the clerk, with the seal of the city affixed thereto.
8. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the clerk.
9. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
10. The clerk may cause the seal of the city to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.
11. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the city, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.
12. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 24. The above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 438, is hereby amended by adding thereto a new section to be designated as section 263.5, which shall immediately follow section 263 and shall read as follows:
κ1967 Statutes of Nevada, Page 1144 (CHAPTER 438, AB 497)κ
section to be designated as section 263.5, which shall immediately follow section 263 and shall read as follows:
Section 263.5. Change of name; effect.
1. The name of the City of Henderson is hereby changed to the City of Lake Adair.
2. The renaming of the city shall not be construed to effect any change in the legal identity of the city, and wherever the name City of Henderson is used in any statute, ordinance or resolution it shall be construed to read City of Lake Adair unless the context otherwise requires.
Sec. 25. The title of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 438, is hereby amended to read as follows:
AN ACT to [reorganize and reincorporate the City of Henderson, a municipal corporation, in Clark County, Nevada;] rename the reorganized and reincorporated City of Henderson, a municipal corporation in Clark County, Nevada, the City of Lake Adair; providing definitions of words and terms; [and for such reorganization and reincorporation;] defining the boundaries of the city and providing for wards and additions and annexation of additional territory; granting general and specific powers to the city; providing for the offices of mayor, councilmen, city manager, city clerk, city treasurer, city auditor, city assessor, city attorney and police judge, and specifying the powers, duties and compensation of such officers; creating departments and other officers within the municipal government and defining their powers and duties; providing for revenue, finances, municipal bonds and franchises, local improvements, elections, a civil service system; providing [general and transitional provisions and] for the imposition of fines and penalties; repealing certain acts; and providing other matters properly relating thereto.
Sec. 26. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 27. From and after the passage and approval of this act that territory described in section 4 of this act shall be subject to local regulatory control of the City of Henderson in such matters as zoning, buildings, licensing and such other matters as would properly fall within the jurisdiction of the city if the inclusion of such territory within the city were to become effective upon the passage and approval of this act. Upon the inclusion of such territory into the city in accordance with the provisions of subsection 1 of section 28 of this act, such territory shall be and remain subject to the local regulatory control of the City of Henderson. Upon the failure of the inclusion of such territory in accordance with the provisions of subsection 4 of section 28 of this act, such territory shall again become subject to the regulatory control of Clark County in the same manner as if this act had not been passed and approved.
Sec. 28. 1. Section 4 of this act shall become effective on the day when the city clerk of the City of Henderson files a certified copy of a resolution of the city council of the City of Henderson with the secretary of state, which resolution finds that:
κ1967 Statutes of Nevada, Page 1145 (CHAPTER 438, AB 497)κ
resolution of the city council of the City of Henderson with the secretary of state, which resolution finds that:
(a) The contractor to whom a contract has been let for the construction of the dam and grading of the lake bed necessary for the formation of Lake Adair (whether or not the city is a party to such contract) has filed a faithful performance bond and a labor and material bond, each in the amount of the contract with the city clerk; and
(b) Port Holiday Authority, a Nevada corporation, has posted the sum of $10,000 with the city clerk, such sum to cover the costs incurred by residents of the city directly resulting from the change of name of the city from Henderson to Lake Adair.
2. Sections 1 to 3, inclusive, sections 5 to 10, inclusive, section 12, and sections 19 to 25, inclusive, of this act shall become effective on the day when the secretary of the Colorado River commission files a letter, statement or certificate with the secretary of state stating that the delivery of water to fill Lake Adair has been commenced.
3. Sections 11, 13, 14, 15, 16, 17, 18, 26, 27 and 28 of this act shall become effective upon passage and approval of this act.
4. If the filing with the secretary of state referred to in subsection 1 has not occurred prior to January 1, 1969, or if the filing with the secretary of state referred to in subsection 2 has not occurred prior to July 1, 1969, the provisions of this act, except sections 11, 14, 26 and 28 shall be void and of no further force and effect, and then sections 144, 182, 185, 193 and 194 of the charter of the City of Henderson shall be revived in the form in which they existed prior to the passage and approval of this act.
________
Assembly Bill No. 381Committee on Social Welfare
CHAPTER 439
AN ACT to make technical changes in various sections of NRS necessitated by creation of the department of health, welfare and rehabilitation; and providing other matters properly relating thereto.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 62.200 is hereby amended to read as follows:
62.200 1. If the court shall find that the child is within the purview of this chapter, it shall so decree and may, by order duly entered, proceed as follows:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court shall determine.
(b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children, or place him in a family home.
κ1967 Statutes of Nevada, Page 1146 (CHAPTER 439, AB 381)κ
him in a family home. In committing a child to a private institution or agency the court shall select one that is licensed by the welfare division of the department of [health and welfare] health, welfare and rehabilitation to care for such children, or, if such institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Nevada girls training center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychologic or other care and treatment as the court may deem to be for the best interests of the child, except as herein otherwise provided.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct or neglect which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
2. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
3. No adjudication by the court upon the status of any child shall operate to impose any of the civil disabilities ordinarily resulting from conviction, nor shall any child be deemed a criminal by reason of such adjudication, nor shall such adjudication be deemed a conviction, nor shall any child be charged with crime or conviction in any court, except as provided in NRS 62.080. This disposition of a child or any evidence given in the court shall not operate to disqualify the child in any future civil service application or appointment; nor shall the name or race of any such child in connection with any proceedings under this chapter be published in any newspaper without a written order of the court.
4. Whenever the court shall commit a child to any institution or agency it shall transmit at the time the child is received at the institution or prior thereto a summary of its information concerning the child. The institution or agency shall give to the court such information concerning such child as the court may at any time require.
Sec. 2. NRS 62.230 is hereby amended to read as follows:
62.230 1. Whenever a child is committed by the court to custody other than that of its parents, and no provision is otherwise made by law for the support of the child, compensation for the care of the child, when approved by order of the court, shall be a charge upon the county where the child has a legal residence. If a female child is committed to a private institution within the state, any compensation for the care of the child which is not paid by a parent shall be paid by the state from moneys budgeted for by and appropriated to the Nevada girls training center division of the department of [health and welfare.] health, welfare and rehabilitation. No commitment shall be made to such a private institution until the court has ascertained from the superintendent of such school that sufficient moneys are available to pay such compensation. Nothing in this subsection shall be construed to prohibit payment of compensation by the Nevada girls training center division from moneys appropriated for that purpose to schools outside the state to which female children are committed pursuant to the provisions of NRS 210.580.
κ1967 Statutes of Nevada, Page 1147 (CHAPTER 439, AB 381)κ
2. Notwithstanding any provision made by the law of this state for the support of such children, after the parent has been given a reasonable opportunity to be heard, the court may order and decree that the parent shall pay, in such manner as the court may direct and within the parents ability to pay, a sum of money as will cover in whole or in part the support of the child. If the parent shall willfully fail or refuse to pay the sum, the court may proceed against him for contempt of court.
3. Whenever the court shall order the parent or parents of a child to pay for the support of a child, as herein provided, the same shall be paid to the superintendent or fiscal officer of the institution to which the child is committed.
Sec. 3. NRS 62.310 is hereby amended to read as follows:
62.310 In carrying out the objects and purposes of this chapter, the juvenile court may utilize the services and facilities of the welfare division of the department of [health and welfare] health, welfare and rehabilitation provided by such division pursuant to the provisions of chapter 432 of NRS.
Sec. 4. NRS 127.050 is hereby amended to read as follows:
127.050 The following may accept relinquishments for the adoption of children from parents and guardians and may consent to the adoption of children:
1. The welfare division of the department of [health and welfare,] health, welfare and rehabilitation, to whom the child has been relinquished for adoption;
2. A child-placing agency licensed by the welfare division of the department of [health and welfare] health, welfare and rehabilitation pursuant to NRS 127.250 or 127.260, to whom the child has been relinquished for adoption; or
3. Any child-placing agency authorized under the laws of another state to accept relinquishments and make placements, to whom the child has been relinquished for adoption.
Sec. 5. NRS 127.057 is hereby amended to read as follows:
127.057 1. Any person to whom a consent to adoption executed in this state is delivered shall, within 48 hours after receipt of such executed consent to adoption, furnish a true copy thereof to the welfare division of the department of [health and welfare,] health, welfare and rehabilitation, together with a report of the permanent address of the person or persons in whose favor such consent was executed.
2. All information received by the welfare division pursuant to the provisions of this section shall be confidential information, and shall be protected from disclosure in the same manner that information concerning recipients of public assistance is protected under NRS 422.290.
3. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 6. NRS 127.120 is hereby amended to read as follows:
127.120 1. A petition for adoption of a child shall be filed in duplicate with the county clerk. The county clerk shall send one copy of the petition to the welfare division of the department of [health and welfare,] health, welfare and rehabilitation, which shall make an investigation and report as hereinafter provided. If one petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, the court may, in its discretion, waive the investigation by the welfare division.
κ1967 Statutes of Nevada, Page 1148 (CHAPTER 439, AB 381)κ
of a petitioner is related to the child within the third degree of consanguinity, the court may, in its discretion, waive the investigation by the welfare division.
2. The welfare division or a licensed child-placing agency authorized to do so by the court shall verify the allegations of the petition and investigate the condition and the antecedents of the child and make proper inquiry to determine whether the proposed adopting parents are suitable for the minor. The welfare division or the designated agency shall, prior to the date on which the child shall have lived for a period of 6 months in the home of the petitioners or within 30 days after receiving the copy of the petition for adoption, whichever date is later, submit to the court a full written report of its findings, which shall contain a specific recommendation for or against approval of the petition, and shall furnish to the court any other information regarding the child or proposed home which the court may require. The court, on good cause shown, may extend the time, designating a time certain, within which to submit a report.
3. If the court is dissatisfied with the report submitted by the welfare division, the court may order an independent investigation to be conducted and a report submitted by such agency or person as the court may select. The costs of such investigation and report may be assessed against the petitioner or charged against the county wherein the adoption proceeding is pending.
Sec. 7. NRS 127.130 is hereby amended to read as follows:
127.130 The report of either the welfare division of the department of [health and welfare] health, welfare and rehabilitation or the licensed child-placing agency designated by the court shall not be made a matter of public record, but shall be given in writing and in confidence to the district judge before whom the matter is pending. If the recommendation of the welfare division or the designated agency is adverse, the district judge, before denying the petition, shall give the petitioner an opportunity to rebut the findings and recommendation of the report of the welfare division or the designated agency.
Sec. 8. NRS 127.200 is hereby amended to read as follows:
127.200 1. A married person not lawfully separated from his spouse may not adopt an adult person without the consent of the spouse of the adopting person, if such spouse is capable of giving such consent.
2. A married person not lawfully separated from his spouse may not be adopted without the consent of the spouse of the person to be adopted, if such spouse is capable of giving such consent.
3. Neither the consent of the natural parent or parents of the person to be adopted, nor of the welfare division of the department of [health and welfare,] health, welfare and rehabilitation, nor of any other person is required.
Sec. 9. NRS 127.210 is hereby amended to read as follows:
127.210 1. The adopting person and the person to be adopted may file in the district court in the county in which either resides a petition praying for approval of the agreement of adoption by the issuance of a decree of adoption.
2. The court shall fix a time and place for hearing on the petition, and both the person adopting and the person to be adopted shall appear at the hearing in person, but if such appearance is impossible or impractical, appearance may be made for either or both of such persons by counsel empowered in writing to make such appearance.
κ1967 Statutes of Nevada, Page 1149 (CHAPTER 439, AB 381)κ
at the hearing in person, but if such appearance is impossible or impractical, appearance may be made for either or both of such persons by counsel empowered in writing to make such appearance.
3. The court may require notice of the time and place of the hearing to be served on other interested persons, and any such interested person may appear and object to the proposed adoption.
4. No investigation or report to the court by any public officer is required, but the court may require the welfare division of the department of [health and welfare] health, welfare and rehabilitation to investigate the circumstances and report thereon, with recommendations, to the court prior to the hearing.
5. At the hearing the court shall examine the parties, or the counsel of any party not present in person. If the court is satisfied that the adoption will be for the best interests of the parties and in the public interest, and that there is no reason why the petition should not be granted, the court shall approve the agreement of adoption, and enter a decree of adoption declaring that the person adopted is the child of the person adopting him. Otherwise, the court shall withhold approval of the agreement and deny the prayer of the petition.
Sec. 10. NRS 127.230 is hereby amended to read as follows:
127.230 1. The welfare division of the department of [health and welfare,] health, welfare and rehabilitation, with the approval of the state welfare board, shall:
(a) Establish reasonable minimum standards for child-placing agencies.
(b) Prescribe rules for the regulation of child-placing agencies.
2. All licensed child-placing agencies shall conform to the standards established and the rules prescribed pursuant to subsection 1.
Sec. 11. NRS 127.270 is hereby amended to read as follows:
127.270 1. After notice and hearing, the welfare division of the department of [health and welfare] health, welfare and rehabilitation may:
(a) Refuse to issue a temporary or permanent license if the division finds that the applicant does not meet the standards established and the rules prescribed by the division pursuant to NRS 127.230.
(b) Refuse to renew a temporary or permanent license or may revoke a permanent license if the division finds that the child-placing agency has refused or failed to meet any of the established standards or has violated any of the rules prescribed by the division pursuant to NRS 127.230.
(c) Revoke a temporary license if the division finds that the child-placing agency is not making a maximum effort to improve its personnel and operation standards.
2. The time and place for the hearing shall be fixed by the division. A notice of the time and place of the hearing shall be mailed to the last-known address of the applicant or licensee at least 15 days before the date fixed for the hearing.
3. At the hearing, the applicant or licensee shall have the right to appear personally and by counsel, to cross-examine witnesses appearing against him, and to produce evidence and witnesses in his own behalf.
4. The division shall not be bound by technical rules of evidence.
5. Any applicant or licensee adversely affected by an order of the division may appeal to the district court of the county of his residence within 30 days after the divisions order is made, and the trial of the district court upon such appeal shall be de novo.
κ1967 Statutes of Nevada, Page 1150 (CHAPTER 439, AB 381)κ
division may appeal to the district court of the county of his residence within 30 days after the divisions order is made, and the trial of the district court upon such appeal shall be de novo.
Sec. 12. NRS 127.280 is hereby amended to read as follows:
127.280 1. Except where a child and one of the prospective adopting parents are related within the third degree of consanguinity, no child shall be placed in the home of prospective adopting parents for the 30-day residence in such home required by NRS 127.110 prior to the filing of a petition for adoption unless the welfare division of the department of [health and welfare,] health, welfare and rehabilitation, hereinafter in this section referred to as the welfare division, first receives written notice of the proposed placement from:
(a) The prospective adopting parents of the child; or
(b) The person recommending such placement; or
(c) A licensed child-placing agency,
and until the investigation required by the provisions of this section has been completed.
2. If such placement is to be made by a licensed child-placing agency, the welfare division shall make no investigation and shall retain the written notice for informational purposes only.
3. If such placement is recommended by a person other than a licensed child-placing agency, the welfare division shall, within 60 days after receipt of the written notice, complete an investigation of the medical, mental, financial and moral backgrounds of the prospective adopting parents to determine the suitability of the home for placement of the child for adoption. The investigation shall also embrace any other relevant factor relating to the qualifications of the prospective adopting parents, but shall not be a substitute for the investigation required to be conducted by the welfare division on behalf of the court under NRS 127.120 when a petition for adoption is pending.
4. Pending completion of the required investigation, the child shall be retained by the natural parent or parents or shall be relinquished to the welfare division and placed by the welfare division in a foster home licensed by it until a determination is made by the welfare division concerning the suitability of the prospective adopting parents.
5. Upon completion of the investigation, the welfare division shall forthwith inform the person recommending such placement and the prospective adopting parents of the welfare divisions decision to approve or deny the placement. If, in the opinion of the welfare division, the prospective adoptive home is:
(a) Suitable, the child shall be relinquished to the welfare division, if not relinquished pursuant to the provisions of subsection 4, for placement and adoption in the home of the prospective adopting parents.
(b) Unsuitable or detrimental to the interest of the child, the welfare division shall file an application in the district court for an order prohibiting such placement. If the court determines that the placement should be prohibited, the court may in its discretion order the return of the child to the care and control of his natural parent or parents, but if the parental rights of such parent or parents have been terminated by a relinquishment or a final order of a court of competent jurisdiction or if the parent or parents do not wish to accept the child, then the court may order the placement of the child with the welfare division or with any licensed child-placement agency for adoption.
κ1967 Statutes of Nevada, Page 1151 (CHAPTER 439, AB 381)κ
order the placement of the child with the welfare division or with any licensed child-placement agency for adoption.
6. Whenever the welfare division believes that a person has received for the purposes of adoption or permanent free care a child not related by blood, and when the written notice required by subsection 1 has not been received, the welfare division shall make an investigation. Upon completion of the investigation, if the home is found suitable for the child, the prospective adopting parents shall be allowed 6 months from the date of completion of the investigation to file a petition for adoption. If a petition for adoption is not filed within such time a foster home license shall thereafter be issued by the welfare division if the home meets established standards. If, in the opinion of the welfare division, the placement is detrimental to the interest of the child, the welfare division shall file an application with the district court for an order for the removal of the child from the home. If the court determines that the child should be removed, the court shall proceed pursuant to the provisions of subsection 5.
Sec. 13. NRS 127.300 is hereby amended to read as follows:
127.300 1. Except as provided in NRS 127.285, any person who, without holding a valid license to operate a child-placing agency issued by the welfare division of the department of [health and welfare] health, welfare and rehabilitation under NRS 127.250 or 127.260, requests or receives, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of, any child for adoption or permanent free care shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $1,000, or by both fine and imprisonment.
2. The natural parents and the adopting parents shall not be considered accomplices for the purpose of this section.
Sec. 14. NRS 127.310 is hereby amended to read as follows:
127.310 Except as provided in NRS 127.285, any person or organization who or which, without holding a valid unrevoked license to place children for adoption issued by the welfare division of the department of [health and welfare:] health, welfare and rehabilitation:
1. Places, arranges the placement of, or assists in placing or in arranging the placement of, any child for adoption or permanent free care; or
2. Advertises in any periodical or newspaper, or by radio or other public medium, that he or it will place children for adoption, or accept, supply, provide or obtain children for adoption, or causes any advertisement to be published in or by any public medium soliciting, requesting or asking for any child or children for adoption,
is guilty of a misdemeanor.
Sec. 15. NRS 128.040 is hereby amended to read as follows:
128.040 The state welfare administrator of the welfare division of the department of [health and welfare,] health, welfare and rehabilitation, or his agent, the probation officer, or any other person may file with the clerk of the court a petition under the terms of this chapter. The probation officer of that county or any agency or person designated by the court shall make such investigations at any stage of the proceedings as the court may order or direct.
κ1967 Statutes of Nevada, Page 1152 (CHAPTER 439, AB 381)κ
court shall make such investigations at any stage of the proceedings as the court may order or direct.
Sec. 16. NRS 159.110 is hereby amended to read as follows:
159.110 1. If the estate of any incompetent person who is the recipient of assistance from any section of the welfare division of the department of [health and welfare] health, welfare and rehabilitation consists wholly of monthly assistance payments or other benefits provided by any section of the welfare division, and no legal guardian for the incompetent person has been duly appointed, the welfare division may petition for the appointment of a guardian of the estate of the incompetent person.
2. Should any officer of the welfare division file a petition as provided in this section, no fees of any kind shall be required by the county clerk, the county recorder or other county officer.
3. Before a guardian may be appointed under the provisions of this section, the judge shall direct the clerk to issue a citation requiring the supposed insane or incompetent person to be and appear at a time and place to be specified therein to show cause why a guardian of his estate should not be appointed. The citation shall be served, as provided in NRS 159.210, on the person and also on the person with whom or in whose custody the insane or incompetent person may be, not less than 5 days before the return day thereof. No fees of any kind shall be required for the issuance and service of such citation.
4. The court making the appointment may, in its discretion, waive the furnishing of a bond by any person appointed as a guardian under this section.
Sec. 17. NRS 210.010 is hereby amended to read as follows:
210.010 The following words shall have the following meaning within the purview of NRS 210.010 to 210.290, inclusive, and shall be so construed:
1. Board means the youth training center advisory board.
2. Director means the director of the department of [health and welfare.] health, welfare and rehabilitation.
3. School means the Nevada youth training center, heretofore established and maintained for the care of minors adjudged delinquent and committed thereto.
4. Superintendent means the superintendent of the school.
Sec. 18. NRS 210.400 is hereby amended to read as follows:
210.400 As used in NRS 210.400 to 210.720, inclusive:
1. Board means the Nevada girls training center advisory board.
2. Director means the director of the department of [health and welfare.] health, welfare and rehabilitation.
3. School means the Nevada girls training center.
4. Superintendent means the superintendent of the school.
Sec. 19. NRS 310.100 is hereby amended to read as follows:
310.100 1. The sanitary board of every sewage, water or garbage disposal district created under the provisions of this chapter shall make a thorough and complete examination and investigation of such district or districts, and shall then select a scheme or plan for a system of sewers, water system or garbage disposal system which will be suitable and adequate for such district or districts for the present and future needs thereof.
κ1967 Statutes of Nevada, Page 1153 (CHAPTER 439, AB 381)κ
In connection with the foregoing, the board may employ such engineering, legal and other services as in its discretion are necessary in carrying out the object and purposes of this chapter.
2. When such comprehensive scheme or plan has been finally determined upon by the sanitary board, it shall be adopted by the board by resolution, and submitted to the county engineer or other engineer designated by the sanitary board of the county in which the district or districts are located and to the health division of the department of [health and welfare.] health, welfare and rehabilitation. The comprehensive scheme or plan must be approved in writing by such engineer and the health division before being adopted by ordinance of the sanitary board, and then shall be adopted only after notice and public hearing in the same manner and for the same time as the notice provided for in NRS 310.030.
Sec. 20. NRS 318.170 is hereby amended to read as follows:
318.170 1. The board shall have the power to consult with the health division of the department of [health and welfare] health, welfare and rehabilitation about any system or proposed system of drainage or sewage as to the best method of disposing of the districts drainage or sewage with reference to the existing and future needs of other cities, towns, districts or other persons which may be affected thereby, and to submit to the health division for its advice and approval the districts proposed system of drainage or sewage.
2. No district shall proceed to acquire or improve any system of water supply, drainage or sewage disposal without first obtaining the approval of the county board of health.
3. In this section the term drainage means rainfall, surface and subsoil water only, and sewage means domestic and industrial filth and waste.
Sec. 21. NRS 422.030 is hereby amended to read as follows:
422.030 As used in this chapter, department means the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 22. NRS 422.040 is hereby amended to read as follows:
422.040 As used in this chapter, director means the director of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 23. NRS 422.055 is hereby amended to read as follows:
422.055 As used in this chapter, welfare division means the welfare division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 24. NRS 422.220 is hereby amended to read as follows:
422.220 The director shall have the power to sign and execute, in the name of the state, by The Department of [Health and Welfare,] Health, Welfare and Rehabilitation, any contract or agreement with the Federal Government or its agencies.
Sec. 25. NRS 423.010 is hereby amended to read as follows:
423.010 1. Board means the state welfare board.
2. Department means the department of [health and welfare.] health, welfare and rehabilitation.
3. Director means the director of the department of [health and welfare.] health, welfare and rehabilitation.
κ1967 Statutes of Nevada, Page 1154 (CHAPTER 439, AB 381)κ
4. Superintendent means the superintendent of the Nevada state childrens home.
Sec. 26. NRS 423.030 is hereby amended to read as follows:
423.030 The superintendent and the childrens home division of the department of [health and welfare] health, welfare and rehabilitation shall administer the provisions of this chapter pursuant to the policies established by the state welfare board and subject to administrative supervision by the director.
Sec. 27. NRS 424.020 is hereby amended to read as follows:
424.020 1. The welfare division of the department of [health and welfare,] health, welfare and rehabilitation, in cooperation with the state board of health, shall:
(a) Establish reasonable minimum standards for foster homes.
(b) Prescribe rules for the regulation of foster homes.
2. All licensed foster homes must conform to the standards established and the rules prescribed in subsection 1.
Sec. 28. NRS 424.030 is hereby amended to read as follows:
424.030 1. No person shall conduct a foster home as defined in NRS 424.010 without receiving an annual license to do so from the welfare division of the department of [health and welfare.] health, welfare and rehabilitation.
2. No license shall be issued to a foster home until an investigation of the home and its standards of care has been made by the welfare division or a child-placing agency licensed by the welfare division.
3. Any foster home that conforms to the established standards of care and prescribed rules shall receive a license from the welfare division, which shall be in force for 1 year from the date of issuance. On reconsideration of the standards maintained, the license may be renewed annually.
4. The license shall show:
(a) The name of the persons licensed to conduct the foster home.
(b) The exact location of the foster home.
(c) The number of children that may be received and cared for at one time.
5. No foster home can receive for care more children than are specified in the license.
Sec. 29. NRS 424.040 is hereby amended to read as follows:
424.040 The section of child welfare services of the welfare division of the department of [health and welfare,] health, welfare and rehabilitation, or its authorized agent, shall visit every licensed foster home as often as is necessary to assure that proper care is given to the children.
Sec. 30. NRS 424.050 is hereby amended to read as follows:
424.050 Whenever the welfare division of the department of [health and welfare] health, welfare and rehabilitation shall be advised or shall have reason to believe that any person is conducting or maintaining a foster home for children without a license, as required by NRS 424.010 to 424.100, inclusive, the welfare division shall have an investigation made. If the person is conducting a foster home, the welfare division shall either issue a license or take action to prevent continued operation of the foster home.
Sec. 31. NRS 424.060 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1155 (CHAPTER 439, AB 381)κ
424.060 If at any time the section of child welfare services of the welfare division of the department of [health and welfare] health, welfare and rehabilitation shall find that a child in a foster home is subject to undesirable influences or lacks proper or wise care and management, the section shall notify any agency or institution that has placed the child in the home to remove the child from the home. If the child is in a foster home where he has been placed by his parents, relatives or other persons independently of an agency, the section shall take necessary action to remove the child and arrange for his care.
Sec. 32. NRS 424.070 is hereby amended to read as follows:
424.070 No person other than the parents or guardian of a child and no agency or institution in this state or from any other state may place any child in the control or care of any person, or place such child for adoption, without sending notice of the pending placement and receiving approval of the placement from the welfare division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 33. NRS 424.120 is hereby amended to read as follows:
424.120 It is unlawful for any person to operate a child care facility in this state for compensation without securing and having in full force a license issued by:
1. The welfare division of the department of [health and welfare;] health, welfare and rehabilitation; or
2. A county or incorporated city in compliance with the provisions of NRS 424.160.
Sec. 34. NRS 424.130 is hereby amended to read as follows:
424.130 1. The welfare division of the department of [health and welfare,] health, welfare and rehabilitation, subject to the approval of the state welfare board, shall establish minimum standards for the conduct of child care facilities.
2. All licensed child care facilities shall conform to the standards established as provided in subsection 1.
Sec. 35. NRS 424.140 is hereby amended to read as follows:
424.140 1. The application for a license to operate a child care facility shall be in a form prescribed by the welfare division of the department of [health and welfare.] health, welfare and rehabilitation. The license shall state to whom it is issued, and the fact that it shall be in force and effect for 1 year from the date of issuance.
2. The issuance of a license by the welfare division to any person for the operation of a child care facility shall be based upon reasonable and satisfactory assurance to the division that the person applying for such license will comply with the minimum standards for the conduct of child care facilities established by the division as provided in NRS 424.130.
3. The welfare division shall renew any license for the operation of a child care facility if the division is satisfied that the person seeking such renewal has complied with the minimum standards established by the division for the conduct of child care facilities. Any license so renewed shall continue in force for 1 year from the date of renewal.
Sec. 36. NRS 424.150 is hereby amended to read as follows:
424.150 1. The welfare division of the department of [health and welfare] health, welfare and rehabilitation shall conduct a hearing before the state welfare board upon the petition of any person to whom the welfare division has refused to issue a license to operate a child care facility, or whose license the division has revoked or refused to renew.
κ1967 Statutes of Nevada, Page 1156 (CHAPTER 439, AB 381)κ
welfare division has refused to issue a license to operate a child care facility, or whose license the division has revoked or refused to renew.
2. The welfare division shall, subject to the approval of the attorney general, establish rules and regulations for the conduct of such hearings.
Sec. 37. NRS 424.160 is hereby amended to read as follows:
424.160 The provisions of NRS 424.110 to 424.150, inclusive, shall not apply in any county or incorporated city where the governing body has established a licensing agency and enacted an ordinance requiring that such child care facilities be licensed by such county or incorporated city. Such licensing agency shall make such rules and regulations as may be necessary for the licensing of child care facilities, which rules and regulations shall take effect from and after their approval by the welfare division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 38. NRS 425.030 is hereby amended to read as follows:
425.030 As used in this chapter:
1. Applicant means any person who has applied for assistance under this chapter.
2. Assistance means money payments with respect to, or medical care in behalf of, or any type of remedial care recognized under state law in behalf of, a dependent child or dependent children, and includes money payments or medical care or any type of remedial care recognized under state law for any month to meet the needs of the relative with whom any dependent child is living if money payments have been made with respect to such child for such month.
3. Board means the state welfare board.
4. Department means the department of [health and welfare.] health, welfare and rehabilitation.
5. Dependent child means a needy child under the age of 16 years, or under the age of 18 years if found by the department to be regularly attending school, and obtaining a passing grade in his studies, who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece, in a place of residence maintained by one or more of such relatives as his or their own home.
6. Director means the director of the department of [health and welfare.] health, welfare and rehabilitation.
7. Recipient means any person who has received or is receiving assistance.
8. Welfare division means the welfare division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 39. NRS 426.025 is hereby amended to read as follows:
426.025 Costs of administration of this chapter shall be paid out on claims presented by the welfare division of the department of [health and welfare] health, welfare and rehabilitation in the same manner as other claims against the state are paid.
Sec. 40. NRS 426.090 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1157 (CHAPTER 439, AB 381)κ
426.090 The welfare division of the department of [health and welfare] health, welfare and rehabilitation shall aid blind persons as provided in NRS 426.010 to 426.500, inclusive.
Sec. 41. NRS 426.115 is hereby amended to read as follows:
426.115 1. The aid to the blind medical and remedial care fund is hereby created in the state treasury. There shall be deposited in the fund:
(a) Moneys allocated by the welfare division of the department of [health and welfare] health, welfare and rehabilitation for the purpose of providing medical care or any type of remedial care to recipients from moneys made available to the state by the Federal Government for aid to the blind; and
(b) Moneys made available by the state for the purpose of providing medical care or any type of remedial care to recipients.
2. Except as otherwise provided in subsection 3, any moneys so made available by the state, by appropriation or otherwise, shall remain in the fund and shall not revert to the general fund.
3. If the fund is dissolved, the Federal Government shall be reimbursed for its proportionate share of contributions into the fund, and any moneys remaining thereafter shall revert to the general fund.
4. The board may designate that the fund may cover any one, several or all items of the medical care or any type of remedial care costs as deemed most advantageous for the best interests of the state.
5. The welfare division may purchase necessary medical care or any other type of remedial care by contract or fee for service. Each vendor or group who has a contract with the welfare division and is rendering medical care or any type of remedial care to recipients shall submit such charges for payment to the welfare division, and payment shall be made as other claims against the state are paid.
Sec. 42. NRS 426.120 is hereby amended to read as follows:
426.120 1. The state welfare administrator shall furnish to the state controller a full, true and correct list of recipients of this state entitled to aid to the blind, and of the monthly amount to be paid to each of them, which list is subject to revision by the state welfare administrator to make it conform to such changes as may be duly made pursuant to the terms of NRS 426.010 to 426.500, inclusive.
2. The state controller shall promptly, upon receiving such certified list, draw his warrant upon the aid to the blind fund payable to each such recipient in the amount to which he is entitled, upon and pursuant to such certified list, and the state treasurer shall pay the same.
3. Every such warrant shall be for the total amount of federal and state funds to which each such recipient is entitled under the provisions of NRS 426.010 to 426.500, inclusive.
4. The state controller shall, immediately after such warrants have been so drawn, in the manner provided by law, deliver all such warrants to the welfare division of the department of [health and welfare,] health, welfare and rehabilitation, and the welfare division shall mail the warrants through the facilities of the state central mailing system to the recipients entitled thereto as determined by the welfare division.
Sec. 43. NRS 426.130 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1158 (CHAPTER 439, AB 381)κ
426.130 1. The department of [health and welfare,] health, welfare and rehabilitation, through the welfare division, shall:
(a) Prepare a state plan for aid to the blind consistent with the provisions of NRS 426.010 to 426.500, inclusive; and
(b) Without delay submit such plan to the Federal Government for the purpose of securing approval of such plan for federal grants-in-aid to this state for aid to the blind.
2. The state plan for aid to the blind so submitted, and as it may from time to time be amended, shall be a public document available during regular business hours to all interested persons.
Sec. 44. NRS 426.300 is hereby amended to read as follows:
426.300 1. The welfare division of the department of [health and welfare] health, welfare and rehabilitation may provide for treatment or operations to prevent blindness, or restore vision to applicants for, or recipients of, services to the blind who request and make written application for such treatment or operation, and who meet all the requirements relating to economic need for aid to the blind.
2. The welfare division shall pay for all necessary expenses incurred in connection with the diagnosis and treatment. Necessary expenses shall include the costs of guide service, maintenance while the patient is away from his home, transportation to the eye physician or hospital and return to his home, and the cost of nursing home care when such care is necessary.
3. The residence requirements of NRS 426.140 shall apply to applicants for treatment or operation under the provisions of this section.
Sec. 45. NRS 426.310 is hereby amended to read as follows:
426.310 1. The provisions of NRS 426.010 to 426.500, inclusive, shall be administered by the department of [health and welfare] health, welfare and rehabilitation through the welfare division.
2. The welfare division shall have power to make administrative rules and regulations to enforce the provisions of NRS 426.010 to 426.500, inclusive, which rules and regulations shall not conflict with the provisions of NRS 426.010 to 426.500, inclusive.
3. Such rules and regulations shall recognize that the needs and problems of blind persons are special to them and may differ materially from the needs and problems of other classes of aid recipients. All rules and regulations pertaining to the provisions of NRS 426.010 to 426.500, inclusive, shall be promulgated and construed separate and apart from other rules and regulations made by the welfare division. Copies of such rules and regulations, together with this chapter establishing aid to the blind, shall be given to all applicants and recipients and shall be made available without charge to members of the public.
Sec. 46. NRS 426.320 is hereby amended to read as follows:
426.320 In each local office of the welfare division of the department of [health and welfare,] health, welfare and rehabilitation, one person shall be assigned additional duties to administer all aid to the blind cases whenever administratively feasible.
Sec. 47. NRS 426.330 is hereby amended to read as follows:
426.330 1. If at any time the welfare division of the department of [health and welfare] health, welfare and rehabilitation has reason to believe that aid to the blind has been obtained improperly, it shall cause special inquiry to be made and may suspend payments for any installment pending the inquiry.
κ1967 Statutes of Nevada, Page 1159 (CHAPTER 439, AB 381)κ
special inquiry to be made and may suspend payments for any installment pending the inquiry.
2. If it appears, upon the inquiry, that the aid has been obtained improperly, it shall be canceled by the welfare division, and if it appears that aid was obtained properly, the suspended payment shall be payable.
3. Any person dissatisfied with the action of the welfare division in suspending or canceling aid may appeal to the welfare division and upon such appeal shall be granted an opportunity for a fair hearing.
Sec. 48. NRS 426.350 is hereby amended to read as follows:
426.350 Information with respect to any individual claiming aid to the blind shall not be disclosed by the welfare division of the department of [health and welfare] health, welfare and rehabilitation or any of its employees to any person, association or body unless such disclosure is related directly to carrying out the provisions of NRS 426.010 to 426.500, inclusive.
Sec. 49. NRS 426.360 is hereby amended to read as follows:
426.360 All papers and records pertaining to his case on file in the welfare division of the department of [health and welfare] health, welfare and rehabilitation or elsewhere shall be open to inspection at any time during business hours by the applicant or recipient or his attorney or agent.
Sec. 50. NRS 426.370 is hereby amended to read as follows:
426.370 Immediately upon request therefor, the welfare division of the department of [health and welfare] health, welfare and rehabilitation shall, without charge, mail application blanks for aid to the blind to any person in the state.
Sec. 51. NRS 426.380 is hereby amended to read as follows:
426.380 1. Each applicant for aid shall file with the welfare division of the department of [health and welfare] health, welfare and rehabilitation an application signed by him, stating, if known:
(a) Places of his residence during the preceding 9 years.
(b) His financial resources and income.
(c) The name and address of his spouse.
(d) The degree of his blindness.
(e) Where and when he became blind.
(f) Such other data as is necessary to establish his eligibility for aid to the blind.
2. The applicants statements in his application shall constitute prima facie evidence of the facts stated, except with respect to degree of blindness and residence.
3. Written statements of information herein required from applicants for or recipients of aid to the blind need not be under oath, but any person signing such statements who willfully states therein as true any material matter which he knows to be false shall be subject to penalties for perjury as provided by law.
4. This section shall not be interpreted to preclude an investigation by the welfare division.
Sec. 52. NRS 426.390 is hereby amended to read as follows:
426.390 1. All applications for aid to the blind shall be acted upon promptly by the welfare division of the department of [health and welfare,] health, welfare and rehabilitation, and the aid, if granted, shall be payable as of the 1st day of the month in which application is made, but no payment shall be made for any month unless all factors of eligibility are met for at least a portion of that month.
κ1967 Statutes of Nevada, Page 1160 (CHAPTER 439, AB 381)κ
be payable as of the 1st day of the month in which application is made, but no payment shall be made for any month unless all factors of eligibility are met for at least a portion of that month.
2. The welfare division shall immediately inform the applicant in writing of its decision, and if the aid or any part of the aid requested by the applicant is denied, such notification shall state in particular the grounds for the denial.
Sec. 53. NRS 426.410 is hereby amended to read as follows:
426.410 1. The welfare division of the department of [health and welfare] health, welfare and rehabilitation shall not grant any certificate of qualification for aid under the provisions of NRS 426.010 to 426.500, inclusive, until it has been satisfied that the applicant is entitled to such aid by such evidence as is acceptable to the welfare division that he has the required residential qualifications; and by the evidence of a duly licensed and practicing physician skilled in the diseases of the eye or of a duly licensed and practicing optometrist that the applicant is blind.
2. Such physician or optometrist shall describe the condition of the applicants eyes and testify to the degree of his blindness.
3. The cost of such examination shall be paid entirely by the welfare division in the same manner as other expenses of the welfare division are paid.
4. The welfare division shall make rules and regulations to prescribe the qualifications, number and geographical distribution of such physicians and optometrists as are necessary to carry out the eye examinations provided under NRS 426.010 to 426.500, inclusive.
Sec. 54. NRS 426.420 is hereby amended to read as follows:
426.420 1. If the welfare division of the department of [health and welfare] health, welfare and rehabilitation is satisfied that the applicant is entitled to aid under the provisions of NRS 426.010 to 426.500, inclusive, it shall, without delay, issue an order therefor.
2. The individual needs of each person claiming aid to the blind shall be presumed and deemed to be not less than $100 per month. The amount of aid to which any claimant shall be entitled shall be, when added to the income (including the value of currently used resources, but excepting casual income and inconsequential resources) of the claimant from all other sources, $100 per month. If, however, in any case it is found the actual need of a claimant exceeds $100 per month, such claimant shall be entitled to receive aid in an amount which shall meet such actual need, unless the amount of aid he is otherwise entitled to receive when added to his income (including the value of currently used resources, but excepting casual income and inconsequential resources) from all other sources, shall equal his actual need.
3. The aid granted under NRS 426.010 to 426.500, inclusive, shall be paid monthly, in advance, out of such funds as may be provided for that purpose.
Sec. 55. NRS 426.440 is hereby amended to read as follows:
426.440 1. Only such income as is actually furnished to an applicant or recipient by a relative and is not inconsequential or unpredictable may be deemed income available to the applicant or recipient for his support.
2. No relative of an applicant for or recipient of aid to the blind may be held liable for contributions to the support of such applicant or recipient except in the case of the parent of a minor child applying for, or receiving, aid to the blind.