[Rev. 2/28/2019 3:13:59 PM]
κ1967 Statutes of Nevada, Page 1161 (CHAPTER 439, AB 381)κ
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.
3. The welfare division of the department of [health and welfare] health, welfare and rehabilitation shall advise the attorney general of the failure of a responsible parent to contribute to the support of a minor child applying for, or receiving, aid to the blind, and the attorney general shall cause appropriate legal action to be taken to enforce such support.
4. For the purpose of encouraging the spouse of a recipient of aid under NRS 426.010 to 426.500, inclusive, to retain or seek employment in order to be self-supporting and to avoid becoming a recipient of public aid, the net earnings of such spouse not in excess of $200 per month, after deduction for expenses incurred in connection with such earnings and for the support of any minors dependent upon such spouse, and payments of any indebtedness incurred for medical care or other necessities of life, shall not be considered community property. Where such spouse is engaged in seasonal employment, the estimated annual earnings shall be prorated on a monthly basis.
Sec. 56. NRS 426.450 is hereby amended to read as follows:
426.450 1. If any applicant for or recipient of aid to the blind is dissatisfied with any action taken by or failure to act on the part of the welfare division of the department of [health and welfare] health, welfare and rehabilitation in respect to his case, he shall have the right of appeal to the welfare division and the right to be represented in such appeal by his counsel or agent.
2. The welfare division shall provide an opportunity for a fair hearing of such individuals appeal and shall review his case in all matters in respect to which he is dissatisfied.
3. If such individual feels himself aggrieved by the decision of the welfare division in respect to his case he shall have the right, at any time within 90 days after the mailing to him of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the welfare division, a copy of which shall be certified as correct by the state welfare administrator and filed by the welfare division with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the welfare division, or, if it concludes that the findings of the welfare division are not supported by evidence or that the welfare divisions decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the welfare division for further proceedings in conformity with the decision of the court.
Sec. 57. NRS 426.470 is hereby amended to read as follows:
426.470 The welfare division of the department of [health and welfare] health, welfare and rehabilitation shall make such reports in such form and containing such information as the Federal Government may from time to time require, and shall comply with such provisions as the Federal Government may from time to time find necessary to assure the correctness and verification of such reports.
Sec. 58. NRS 426.480 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1162 (CHAPTER 439, AB 381)κ
426.480 The welfare division of the department of [health and welfare] health, welfare and rehabilitation may, in its discretion, authorize the destruction or disposition of the case history, or any part thereof, of any recipient of aid to the blind who has not received aid for in excess of 5 years prior thereto.
Sec. 59. NRS 426.490 is hereby amended to read as follows:
426.490 Whenever it has been shown that moneys collected from recipients in repayment of aid granted under NRS 426.010 to 426.500, inclusive, have been collected erroneously by the welfare division of the department of [health and welfare,] health, welfare and rehabilitation, because of mistake or law or fact, refunds shall be made to recipients and such refunds shall be recorded in the welfare divisions reports to the Federal Government.
Sec. 60. NRS 426.520 is hereby amended to read as follows:
426.520 As used in NRS 426.520 to 426.620, inclusive, unless the context otherwise requires:
1. Blind person means any person who by reason of loss or impairment of eyesight is unable to provide himself with the necessities of life, and who has not sufficient income of his own to maintain himself, and shall include any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
2. Division means the services to the blind division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 61. NRS 426.550 is hereby amended to read as follows:
426.550 1. The division shall be the sole agency in the state responsible for the rehabilitation of the blind.
2. The division shall be headed by a supervisor who is experienced in work for the blind. Preference shall be given to qualified blind persons in filling the position of supervisor of the division.
3. The supervisor of the division shall be directly responsible to the director of the department of [health and welfare.] health, welfare and rehabilitation.
4. The division shall:
(a) Assist blind persons in achieving physical and psychological orientation, inform blind persons of available services, stimulate and assist the blind in achieving social and economic independence, and do all things which will ameliorate the condition of the blind.
(b) Provide intensive programs of case finding, education, training, job findings and placement, physical restoration, and such other services and equipment as may assist in rendering blind persons more self-supporting and socially independent.
Sec. 62. NRS 426.560 is hereby amended to read as follows:
426.560 1. Subject to the approval of the department of [health and welfare,] health, welfare and rehabilitation, the division shall have the power to make administrative rules and regulations to enforce the provisions of this chapter related to services for the blind, which rules and regulations shall not conflict with the provisions of this chapter.
2. 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 persons.
κ1967 Statutes of Nevada, Page 1163 (CHAPTER 439, AB 381)κ
problems of blind persons are special to them and may differ materially from the needs and problems of other persons.
Sec. 63. NRS 426.610 is hereby amended to read as follows:
426.610 1. If any applicant for or recipient of services to the blind is dissatisfied with any action taken by, or failure to act on the part of, the division in respect to his case, he shall have the right of appeal to the department of [health and welfare] health, welfare and rehabilitation and the right to be represented in such appeal by his counsel or agent.
2. The department of [health and welfare] health, welfare and rehabilitation shall provide an opportunity for a fair hearing of such individuals appeal and shall review his case in all matters in respect to which he is dissatisfied.
3. If such individual feels himself aggrieved by the decision of the department of [health and welfare] health, welfare and rehabilitation in respect to his case he shall have the right, at any time within 90 days after the mailing to him of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the department of [health and welfare,] health, welfare and rehabilitation, a copy of which shall be certified as correct by the director of the department of [health and welfare] health, welfare and rehabilitation and filed by the department of [health and welfare] health, welfare and rehabilitation with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the department of [health and welfare,] health, welfare and rehabilitation, or, if it concludes that the findings of the department are not supported by evidence or that the departments decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the department for further proceedings in conformity with the decision of the court.
Sec. 64. NRS 426.630 is hereby amended to read as follows:
426.630 As used in NRS 426.630 to 426.720, inclusive, unless the context otherwise requires:
1. Blind person means any person who by reason of loss of eyesight is unable to provide himself with the necessities of life, and who has not sufficient income of his own to maintain himself, and includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
2. Division means the services to the blind division of the department of [health and welfare.] health, welfare and rehabilitation.
3. Operator means the individual blind person responsible for the day-to-day conduct of the vending stand operation.
4. Public building or property means any building, land or other real property, owned, leased or occupied by any department or agency of the State of Nevada or any of its political subdivisions except public elementary and secondary schools and the University of Nevada.
5. Vending stand means:
(a) Such buildings, shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles as may be approved by the division and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;
κ1967 Statutes of Nevada, Page 1164 (CHAPTER 439, AB 381)κ
necessary or customarily used for the vending of such articles as may be approved by the division and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;
(b) Manual or coin-operated vending machines or similar devices for vending such articles;
(c) Cafeteria or snack bar facilities for the dispensing of foodstuffs and beverages; or
(d) Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, food-stuffs or beverages.
Sec. 65. NRS 426.680 is hereby amended to read as follows:
426.680 1. If, after a vending stand survey as authorized by NRS 426.670, the head of a department or agency in charge of the maintenance of any public building or property rejects or does not act upon a written recommendation of the division that a vending stand be established or operated for the employment of blind persons, the matter shall be referred to the director of the department of [health and welfare] health, welfare and rehabilitation for review.
2. After reviewing the recommendation of the division, the director may refer the matter to the head of the department or agency concerned for further review and disposition.
3. If the director is not satisfied with the decision of the head of the department or agency concerned, the director may refer the matter for final decision and disposition to:
(a) The governor, in the case of state buildings or properties.
(b) The board of county commissioners, in the case of county buildings or properties.
(c) The city council or other governing board of the municipality in the case of municipal buildings or properties.
(d) The governing board of the political subdivision in the case of buildings or properties of other political subdivisions of this state.
Sec. 66. NRS 426.710 is hereby amended to read as follows:
426.710 The division may, in its discretion, utilize appropriate non-profit corporations organized under the laws of this state, or other agencies, as trustees to provide day-to-day management and operation services for the vending stand program for the blind. Such corporations or agencies shall be reimbursed for their actual and necessary expenses by the operators of the vending stand units which compose the vending stand program for the blind in accordance with such rules and regulations as may be adopted by the division and approved by the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 67. NRS 427.020 is hereby amended to read as follows:
427.020 As used in NRS 427.010 to 427.280, inclusive:
1. Applicant means any person who has applied for assistance under NRS 427.010 to 427.280, inclusive.
2. Assistance means money payments to, or medical care in behalf of or any type of remedial care in behalf of, needy aged persons who are 65 years of age or older, but does not include any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual:
κ1967 Statutes of Nevada, Page 1165 (CHAPTER 439, AB 381)κ
(a) Who is a patient in an institution for tuberculosis or mental diseases; or
(b) Who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as the result thereof.
3. Director means the director of the department of [health and welfare.] health, welfare and rehabilitation.
4. Recipient means any person who has received and is still receiving assistance.
5. Social Security Act means the Act of Congress approved August 14, 1935, and compiled as Title 42, United States Code § 301, and certain sections following that section, as amended.
6. State board means the state welfare board.
7. Welfare division means the welfare division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 68. NRS 427.090 is hereby amended to read as follows:
427.090 The department of [health and welfare,] health, welfare and rehabilitation, through the welfare division, shall:
1. Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of NRS 427.010 to 427.280, inclusive.
2. Establish minimum standards for personnel employed by the welfare division in the administration of NRS 427.010 to 427.280, inclusive, and make necessary rules and regulations to maintain such standards.
3. Mail checks received by it from the state controller under the provisions of NRS 427.010 to 427.280, inclusive, through the facilities of the state central mailing system to the recipient entitled thereto at his last-known post office address with proper safeguard to assure that the recipient or his legal representative actually receives the same.
4. Cooperate with the Federal Government in matters of mutual concern pertaining to assistance to the needy aged, including the adoption of such methods of administration as are found by the Federal Government to be necessary for the efficient operation of the plan for such assistance.
5. Make such reports in such form and containing such information as the Federal Government may from time to time require, and comply with such provisions as the Federal Government may from time to time find necessary to assure the correctness and verification of such reports.
Sec. 69. NRS 427.350 is hereby amended to read as follows:
427.350 Division means the welfare division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 70. NRS 427.400 is hereby amended to read as follows:
427.400 The department of [health and welfare] health, welfare and rehabilitation through the division shall:
1. Administer medical assistance for the aged under NRS 427.290 to 427.500, inclusive.
2. Serve as the single state agency responsible for carrying out the provisions of NRS 427.290 to 427.500, inclusive.
3. Make such reports in such form and containing such information as the Secretary of Health, Education, and Welfare from time to time requires, and comply with such provisions as the Secretary of Health, Education, and Welfare may from time to time find necessary to assure the correctness and verification of such reports.
κ1967 Statutes of Nevada, Page 1166 (CHAPTER 439, AB 381)κ
Education, and Welfare may from time to time find necessary to assure the correctness and verification of such reports.
4. Make such rules and regulations and take such action as may be necessary or desirable:
(a) For carrying out the provisions of NRS 427.290 to 427.500, inclusive, including, but not limited to, the establishment of reasonable standards consistent with the objectives of NRS 427.290 to 427.500, inclusive, for determining eligibility for and the extent of such assistance.
(b) To the extent required by regulations prescribed by the Secretary of Health, Education, and Welfare, providing for the furnishing of assistance to individuals who are residents of this state but are absent therefrom.
Sec. 71. NRS 427.500 is hereby amended to read as follows:
427.500 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 NRS 427.290 to 427.500, inclusive, 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 prohibiting the publication of lists and records thereof or their use for purposes not directly connected with the administration of the department of [health and welfare.] health, welfare and rehabilitation.
3. Except for purposes directly connected with the administration of NRS 427.290 to 427.500, inclusive, 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 NRS 427.290 to 427.500, inclusive.
Sec. 72. NRS 428.090 is hereby amended to read as follows:
428.090 1. When any nonresident, or any other person not coming within the definition of a pauper, shall fall sick in any county, not having money or property to pay his board, nursing or medical aid, the board of county commissioners of the proper county shall, on complaint being made, give or order to be given such assistance to the poor person as the board may deem just and necessary.
2. If such sick person shall die, then the board of county commissioners shall give or order to be given to such person a decent burial.
3. The board of county commissioners shall make such allowance for board, nursing, medical aid or burial expenses as the board shall deem just and equitable, and order the same to be paid out of the county treasury.
4. The responsibility of the board of county commissioners to provide medical aid or any other type of remedial aid under this section shall be relieved to the extent of the amount of money or the value of services provided by the welfare division of the department of [health and welfare] health, welfare and rehabilitation to or for such persons for medical care or any type or remedial care under the provisions of chapters 426 and 427 of NRS.
κ1967 Statutes of Nevada, Page 1167 (CHAPTER 439, AB 381)κ
and welfare] health, welfare and rehabilitation to or for such persons for medical care or any type or remedial care under the provisions of chapters 426 and 427 of NRS.
Sec. 73. NRS 430.020 is hereby amended to read as follows:
430.020 The agency designated pursuant to [section 1] NRS 430.010 shall make application to the Secretary of Health, Education and Welfare which shall:
1. State the name of the agency so designated and its authority to act under gubernatorial appointment.
2. Show the participation by representatives of various state agencies concerned with the control of juvenile delinquency, including state welfare, education, health and labor departments, state mental health and vocational rehabilitation departments and representatives from the state juvenile courts, probation and police services.
3. Provide for the consulting with and securing advice from voluntary organizations providing services for the control of juvenile delinquency, and from civic groups concerned with the control of juvenile delinquency.
4. State their determinations made as to the most urgent needs of the state for strengthening and improving existing programs for the control of juvenile delinquency.
5. Certify that the state agency designated will make such reports in such form as the Secretary of Health, Education and Welfare may require.
6. Submit state plans for coordination of state and local programs for the control of juvenile delinquency, and to strengthen and improve such plans, the provisions for consulting and securing advice from voluntary or civic organizations, the provisions for state financial participation, the establishment of administrative personnel standards on a merit basis, and providing for required reports.
Sec. 74. NRS 431.010 is hereby amended to read as follows:
431.010 As used in this chapter:
1. Group care facility means an establishment maintained for the purpose of:
(a) Furnishing food and shelter, in single or multiple facilities, to four or more aged, infirm or handicapped adult persons unrelated to the proprietor; and
(b) Providing personal care or services which meet some need beyond basic needs of food, shelter and laundry.
2. Person means any individual, firm, partnership, corporation, company or association and the legal successor thereof.
3. Welfare division means the welfare division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 75. NRS 432.010 is hereby amended to read as follows:
432.010 As used in this chapter:
1. Child means a person less than 18 years of age.
2. Maintenance means general expenses for care such as board, shelter, clothing, transportation and other necessary or incidental expenses, or any of them, or money payments therefor.
3. Special services means medical, hospital, psychiatric, surgical or dental services, or any combination thereof.
κ1967 Statutes of Nevada, Page 1168 (CHAPTER 439, AB 381)κ
4. Welfare division means the welfare division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 76. NRS 433.010 is hereby amended to read as follows:
433.010 As used in this chapter:
1. Hospital means the Nevada state hospital.
2. Mental hygiene division means the mental hygiene division of the department of [health and welfare.] health, welfare and rehabilitation.
3. Superintendent means the superintendent and medical director of the Nevada state hospital.
Sec. 77. NRS 436.010 is hereby amended to read as follows:
436.010 As used in this chapter, unless the context requires otherwise:
1. Administrator means the administrator of the mental hygiene division.
2. Board means the mental hygiene advisory board.
3. Department means the department of [health and welfare.] health, welfare and rehabilitation.
4. Mental hygiene division means the mental hygiene division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 78. NRS 439.005 is hereby amended to read as follows:
439.005 As used in this chapter, unless the context requires otherwise:
1. Department means the department of [health and welfare.] health, welfare and rehabilitation.
2. Director means the director of the department of [health and welfare.] health, welfare and rehabilitation.
3. Health division means the health division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 79. NRS 439.010 is hereby amended to read as follows:
439.010 The provisions of this chapter shall be administered by the state health officer and the health division of the department of [health and welfare,] health, welfare and rehabilitation, subject to administrative supervision by the director.
Sec. 80. NRS 439.150 is hereby amended to read as follows:
439.150 1. The state board of health is hereby declared to be supreme in all nonadministrative health matters and it shall have general supervision over all matters, except for administrative matters, relating to the preservation of the health and lives of citizens of the state and over the work of the state health officer and all local (district, county and city) health departments, boards of health and health officers.
2. The department of [health and welfare] health, welfare and rehabilitation is hereby designated as the agency of this state to cooperate with the duly constituted federal authorities in the administration of those parts of the Social Security Act which relate to the general promotion of public health, and is authorized to receive and expend all funds made available to the health division by the Federal Government, the state or its political subdivisions, or from any other source, for the purposes provided in this chapter.
Sec. 81. NRS 441.035 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1169 (CHAPTER 439, AB 381)κ
441.035 As used in this chapter, health division means the health division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 82. NRS 442.003 is hereby amended to read as follows:
442.003 As used in this chapter, unless the context requires otherwise:
1. Department means the department of [health and welfare.] health, welfare and rehabilitation.
2. Director means the director of the department of [health and welfare.] health, welfare and rehabilitation.
3. Health division means the health division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 83. NRS 443.037 is hereby amended to read as follows:
443.037 Health division means the health division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 84. NRS 443.155 is hereby amended to read as follows:
443.155 1. Every person found by the state board of health to be suffering from silicosis shall be entitled to the benefits provided for in NRS 443.145 to 443.165, inclusive, if he:
(a) Is not eligible for compensation under the provisions of NRS 617.460.
(b) Applied, before January 1, 1961, for compensation under the provisions of NRS 617.480, or under section 1 of chapter 433, Statutes of Nevada 1955, and qualified for such compensation or was denied such compensation for any reason.
(c) Is not infected with active tuberculosis.
(d) Files with the health division of the department of [health and welfare,] health, welfare and rehabilitation, before January 1, 1964, an application for benefits accompanied by a written statement subscribed and sworn to or affirmed before a notary public or other person authorized to administer oaths declaring that he is unable to pay for his own care and maintenance.
(e) Submits to a physical examination by a physician approved by the state board of health to determine his condition.
2. The health division of the department of [health and welfare] health, welfare and rehabilitation shall arrange for physical examinations of all applicants and pay the costs of such examinations from the special silicosis fund.
Sec. 85. NRS 443.165 is hereby amended to read as follows:
443.165 1. Each person who is eligible for the benefits provided for in NRS 443.145 to 443.165, inclusive, shall be entitled to receive benefits from the special silicosis fund in an amount equal to the compensation paid to persons eligible for compensation under the provisions of NRS 617.460.
2. The Nevada industrial commission shall cooperate with the health division of the department of [health and welfare] health, welfare and rehabilitation for the purpose of determining the amount of benefits to which persons found eligible by the state board of health are entitled, and shall make available to the state board of health all records which may be of use to the board in determining eligibility.
Sec. 86. NRS 443.180 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1170 (CHAPTER 439, AB 381)κ
443.180 1. The state health officer, his authorized agents, and all local health officers are hereby directed to use every available means to ascertain the existence of, and immediately to investigate, all reported or suspected cases of tuberculosis in infectious or contagious stages within their respective jurisdictions and to ascertain the sources of such infections. In carrying out such investigations, each health officer is hereby invested with all necessary powers of inspection, examination, quarantine and isolation of any person known or believed to be infected with tuberculosis in an active stage and is hereby directed:
(a) To make such examinations as are deemed necessary of persons reasonably suspected of having tuberculosis in an active state and to isolate or isolate and quarantine such persons whenever deemed necessary for the protection of the public health.
(b) To make examination orders in writing setting forth the name of the person to be examined, the time and place of the examination, and such other terms and conditions as may be necessary to protect the public health.
(c) To make an isolation or quarantine order in writing, setting forth the name of the person to be isolated, the period of time during which the order shall remain effective, the place of isolation or quarantine, and any other terms and conditions which may be necessary to protect the public health.
(d) To follow local rules and regulations regarding examinations, quarantine or isolation, and all general and special rules, regulations and orders of the health division of the department of [health and welfare] health, welfare and rehabilitation in carrying out such examination, quarantine or isolation.
2. Upon the issuance of an examination, isolation or quarantine order as provided in this section, a copy of the order shall be served upon the person named in such order by delivering a copy to him.
3. Upon the receipt of information that any examination, quarantine or isolation order made and served as provided in this section has been violated, the health officer shall advise the district attorney of the county in which such violation has occurred, in writing, and shall submit to such district attorney the information in his possession relating to the subject matter of such examination, isolation or quarantine order, and to such violation or violations thereof, and the district attorney shall forthwith prosecute such violations.
Sec. 87. NRS 443.230 is hereby amended to read as follows:
443.230 The health division of the department of [health and welfare] health, welfare and rehabilitation may lease, or provide by contract, any facilities in this or another state it deems necessary to care for persons afflicted with active, contagious tuberculosis.
Sec. 88. NRS 444.005 is hereby amended to read as follows:
444.005 As used in this chapter, health division means the health division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 89. NRS 445.050 is hereby amended to read as follows:
445.050 The department of [health and welfare] health, welfare and rehabilitation is designated as the water pollution agency for this state for all purposes of the Federal Act and is authorized to take all action necessary or appropriate to secure to this state the benefits of the Federal Act.
κ1967 Statutes of Nevada, Page 1171 (CHAPTER 439, AB 381)κ
necessary or appropriate to secure to this state the benefits of the Federal Act.
Sec. 90. NRS 445.060 is hereby amended to read as follows:
445.060 In carrying out the purposes of NRS 445.050, the department of [health and welfare,] health, welfare and rehabilitation, through the health division of the department, in addition to any other action which may be necessary or appropriate to carry out the purposes of NRS 445.050, is authorized:
1. To cooperate with the Surgeon General and other agencies of the Federal Government, other states, interstate agencies and other interested parties in all matters relating to water pollution, including the development of programs for eliminating or reducing pollution and improving the sanitary condition of water.
2. On behalf of this state, to apply for and receive funds made available to the department 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 shall have been made.
3. To approve projects for which application for loans or grants under the Federal Act is made by any municipality, including any city, town, district or other public body created by or pursuant to the laws of this state and having jurisdiction over disposal of sewage, industrial wastes or other wastes, or agency of this state or by any interstate agency.
4. To participate through its authorized representatives in proceedings under the Federal Act.
5. To recommend measures for abatement of water pollution originating in this state.
6. To give consent on behalf of this state to requests by the Secretary of Health, Education, and Welfare to the Attorney General of the United States for the bringing of suit for abatement of such pollution.
7. To consent to the joinder as a defendant in such suit of any person who is alleged to be discharging matter contributing to the pollution, abatement of which is sought in such suit.
Sec. 91. NRS 445.080 is hereby amended to read as follows:
445.080 1. It is unlawful for any person, firm, association or corporation to construct:
(a) A dwelling; or
(b) A building for human occupancy; or
(c) A building for commercial purposes; or
(d) A system for the procurement or distribution of drinking water; or
(e) A system for the collection or disposal of sewage or other wastes,
in any of that portion of Nevada from which water drains into Lake Tahoe, designated in NRS 445.090 to 445.120, inclusive, as the Lake Tahoe Watershed, without first having secured written permission from the health division of the department of [health and welfare.] health, welfare and rehabilitation.
2. It is unlawful for any person, firm, association or corporation to:
(a) Construct a pier, breakwater or marina in or to alter the shoreline of Lake Tahoe; or
κ1967 Statutes of Nevada, Page 1172 (CHAPTER 439, AB 381)κ
(b) Remove gravel, sand or similar material from Lake Tahoe; or
(c) Deposit any fill or deleterious material in Lake Tahoe,
without first having secured written permission from the health division of the department of [health and welfare.] health, welfare and rehabilitation.
3. Construction or alteration of the Lake Tahoe shoreline below the high water elevation (6,229.1 feet) requires written permission from the health division of the department of [health and welfare.] health, welfare and rehabilitation.
4. A permit shall be denied when the source of domestic water or the place of disposal of sewage or other wastes would create a health hazard or the quality of Lake Tahoe waters would be impaired.
Sec. 92. NRS 445.100 is hereby amended to read as follows:
445.100 The health division of the department of [health and welfare:] health, welfare and rehabilitation:
1. Is authorized to enforce reasonable rules and regulations adopted, amended or promulgated by the state board of health and consistent with law governing the Lake Tahoe Watershed area to carry out the purpose and intent of NRS 445.080 to 445.120, inclusive.
2. Shall have the right and authority to enter on any property within the Lake Tahoe Watershed area for the purpose of inspecting such premises to determine whether or not the same are in conformity with the provisions of NRS 445.080 to 445.120, inclusive.
Sec. 93. NRS 447.190 is hereby amended to read as follows:
447.190 The state health officer is charged with the enforcement of this chapter. He shall:
1. Appoint such agent or agents as he deems necessary to carry out the provisions of this chapter.
2. Keep a record of hotels inspected, and the record or any part thereof may, in the discretion of the state health officer, be included in the biennial report to the director of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 94. NRS 449.015 is hereby amended to read as follows:
449.015 As used in NRS 449.020 to 449.240, inclusive, health division means the health division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 95. NRS 449.245 is hereby amended to read as follows:
449.245 1. No hospital licensed under the provisions of this chapter shall release from such hospital or otherwise surrender physical custody of any child under 6 months of age, whose living parent or guardian is known to such hospital, to any person other than a parent, guardian or relative by blood or marriage of such child, without a written authorization signed by such living parent, which shall be the mother if unwed, or guardian specifying the particular person or agency to whom such child may be released and the permanent address of such person or agency.
2. Upon the release or other surrender of physical custody of any minor child, the hospital shall require from the person to whom the child is released such reasonable proof of identity as the hospital may deem necessary for compliance with the provisions of this section. The hospital shall furnish a true copy of each such written authorization to the welfare division of the department of [health and welfare] health, welfare and rehabilitation before the release or other surrender by it of physical custody of any such minor child.
κ1967 Statutes of Nevada, Page 1173 (CHAPTER 439, AB 381)κ
welfare division of the department of [health and welfare] health, welfare and rehabilitation before the release or other surrender by it of physical custody of any such minor child. Such copy shall not be withheld by the hospital for any reason whatsoever. Such copy shall be furnished to the welfare division immediately upon receipt by the hospital of such authorization.
3. Any person to whom any such child is released who thereafter surrenders physical custody of such child to any other person or agency shall, upon demand by the welfare division, disclose to the welfare division the name and permanent address of the person or agency to whom physical custody of the child was delivered.
4. 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.
5. A violation of any provision of this section is a misdemeanor.
Sec. 96. NRS 449.260 is hereby amended to read as follows:
449.260 As used in NRS 449.250 to 449.430, inclusive:
1. Community mental health center means a facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of such persons, which services are provided principally for persons residing in a particular community or communities in or near which the facility is situated.
2. Construction includes construction of new buildings, modernization, expansion, remodeling and alteration of existing buildings, and initial equipment of such buildings (including medical transportation facilities), including architects fees, but excluding the cost of off-site improvements and, except with respect to public health centers, the cost of the acquisition of the land.
3. Facility for the mentally retarded means a facility specially designed for the diagnosis, treatment, education, training or custodial care of the mentally retarded, including facilities for training specialists and sheltered workshops for the mentally retarded, but only if such workshops are part of facilities which provide or will provide comprehensive services for the mentally retarded.
4. Federal Act means the Hospital Survey and Construction Act, as amended, being Title VI of the Public Health Service Act (42 U.S.C. §§ 291 et seq.) with respect to hospitals and medical facilities, the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (42 U.S.C. 2661 et seq.) with respect to facilities for the mentally retarded and community mental health centers and any other federal law providing for or applicable to the provision of assistance for health facilities now or hereafter enacted.
5. Federal agency means the federal department, agency or official designated by law, regulation or delegation of authority to administer the Federal Act.
6. Health division means the health division of the department of [health and welfare.] health, welfare and rehabilitation.
7. Health facility includes hospitals, medical facilities, facilities for the mentally retarded, community mental health centers, and other facilities for the provision of diagnosis, treatment, care, rehabilitation, training or related services to individuals with physical or mental impairments, but except for facilities for the mentally retarded does not include any facility furnishing primarily domiciliary care.
κ1967 Statutes of Nevada, Page 1174 (CHAPTER 439, AB 381)κ
training or related services to individuals with physical or mental impairments, but except for facilities for the mentally retarded does not include any facility furnishing primarily domiciliary care.
8. Hospital includes public health centers and general, tuberculosis, mental, chronic disease, and other types of hospitals, and related facilities such as laboratories, out-patient departments, nurses home and training facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care.
9. Medical facility means diagnostic or diagnostic and treatment centers, rehabilitation facilities and nursing homes, as those terms are defined in the Federal Act, and such other medical facilities for which federal aid may be authorized under the Federal Act.
10. Nonprofit health facility means any health facility owned and operated by a corporation or association, no part of the net earnings of which inures or may lawfully inure to the benefit of any private share-holder or individual.
11. Public health center means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection with public health centers.
12. State department means the department of [health and welfare,] health, welfare and rehabilitation, acting through the health division.
Sec. 97. NRS 452.005 is hereby amended to read as follows:
452.005 As used in this chapter, health division means the health division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 98. NRS 457.020 is hereby amended to read as follows:
457.020 As used in this chapter, unless the context requires otherwise:
1. Cancer means all malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma and leukemia.
2. Council means the Nevada cancer advisory council.
3. Health division means the health division of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 99. NRS 457.180 is hereby amended to read as follows:
457.180 The health division shall submit to the director of the department of [health and welfare,] health, welfare and rehabilitation, for submission to the legislature at each regular session, a report of its activities during the preceding biennium.
Sec. 100. NRS 458.010 is hereby amended to read as follows:
458.010 As used in this chapter, unless the context requires otherwise:
1. Administrator means the administrator of the alcoholism division of the department of [health and welfare.] health, welfare and rehabilitation.
2. Alcoholic means any person who habitually uses alcoholic beverages to the extent that he endangers the health, morals, safety or welfare of himself or any other person or group of persons.
κ1967 Statutes of Nevada, Page 1175 (CHAPTER 439, AB 381)κ
3. Arrested alcoholic means an alcoholic who has found a way to live normally without the use of alcoholic beverages.
4. Board means the state alcoholism advisory board.
5. Director means the director of the department of [health and welfare.] health, welfare and rehabilitation.
Sec. 101. NRS 458.170 is hereby amended to read as follows:
458.170 One member shall be a professional welfare worker engaged in welfare work in Nevada for not less than 5 years immediately preceding his appointment, who is a member of the staff of a county welfare department or the welfare division of the department of [health and welfare.] health, welfare and rehabilitation. He shall be chosen from a list submitted to the governor by the state welfare board containing the names of at least three such qualified persons.
Sec. 102. NRS 459.040 is hereby amended to read as follows:
459.040 1. The state board of health shall provide by rule or regulation for general or specific licensing of persons to receive, possess or transfer radioactive materials, or devices or equipment utilizing such materials. Every such rule or regulation shall provide for amendment, suspension or revocation of licenses.
2. The health division of the department of [health and welfare] health, welfare and rehabilitation may require:
(a) Registration and inspection of sources of ionizing radiation which do not require specific licensing.
(b) Compliance with specific standards to be promulgated by the state board of health.
3. The state board of health may exempt certain sources of ionizing radiation, or kinds of uses or users of such sources, from the licensing or registration requirements set forth in this section if the board makes a finding that the exemption of such sources of ionizing radiation, or kinds of uses or users of such sources, will not constitute a significant risk to the health and safety of the public.
4. Rules and regulations promulgated pursuant to this chapter may provide for recognition of such other state or federal licenses as the state board of health may consider desirable, subject to such registration requirements as the state board of health may prescribe.
Sec. 103. NRS 488.335 is hereby amended to read as follows:
488.335 Any marine toilet located on or within any boat operated on waters of this state shall have securely affixed to the interior discharge opening of such toilet a suitable treatment device in operating condition, constructed and fastened in accordance with regulations of the health division of the department of [health and welfare] health, welfare and rehabilitation or some other treatment facility or method authorized by regulation of the health division. All sewage passing into or through such marine toilets shall pass solely through such devices.
Sec. 104. NRS 488.355 is hereby amended to read as follows:
488.355 1. Every game warden, sheriff and other peace officer of this state and its political subdivisions shall enforce the provisions of this chapter and may stop and board any vessel subject to the provisions of this chapter.
2. All boats located upon waters of this state shall be subject to inspection by the commission or any lawfully designated agent or inspector thereof at any time for the purpose of determining whether such boat is equipped in compliance with the provisions of this chapter.
κ1967 Statutes of Nevada, Page 1176 (CHAPTER 439, AB 381)κ
inspection by the commission or any lawfully designated agent or inspector thereof at any time for the purpose of determining whether such boat is equipped in compliance with the provisions of this chapter.
3. All boats located upon waters of this state shall be subject to inspection by the health division of the department of [health and welfare] health, welfare and rehabilitation or any lawfully designated agent or inspector thereof at any time for the purpose of determining whether such boat is equipped in compliance with the provisions of NRS 488.315 to 488.335, inclusive.
Sec. 105. NRS 583.020 is hereby amended to read as follows:
583.020 Any person who shall knowingly sell any flesh of any diseased animal or any primal cut of meat or any container containing shellfish, if such cut of meat or container does not have an approved stamp authorized by the health division of the department of [health and welfare,] health, welfare and rehabilitation, is guilty of a gross misdemeanor.
Sec. 106. NRS 583.040 is hereby amended to read as follows:
583.040 1. It shall be unlawful for any person, firm or corporation to sell within this state, or to have within his or its possession with the intent to sell within this state, for human food, the carcass or parts of the carcass of any animal which has been slaughtered, or is prepared, handled or kept under insanitary conditions, or any primal cut of meat which is not stamped with an approved stamp authorized by the health division of the department of [health and welfare.] health, welfare and rehabilitation.
2. Insanitary conditions shall be deemed to exist in any slaughter-house that does not comply with the provisions of chapter 446 of NRS.
3. Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor.
Sec. 107. NRS 583.080 is hereby amended to read as follows:
583.080 1. It shall be unlawful for any person, firm or corporation to have in his or its possession, with intent to sell:
(a) The carcass or part of any carcass of any fowl which has died from any cause other than being slaughtered in a sanitary manner; or
(b) The carcass or part of any carcass of any fowl that shows evidence of any disease, or that came from a sick or diseased fowl.
(c) The carcass or part of any carcass of any fowl not processed in an establishment approved by the health division of the department of [health and welfare] health, welfare and rehabilitation or in accordance with poultry regulations adopted by the health division.
2. Any person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor.
Sec. 108. NRS 584.180 is hereby amended to read as follows:
584.180 1. No person, firm, association or corporation shall sell or offer to sell fresh fluid milk or fresh fluid cream in the State of Nevada without obtaining a permit issued by the health division of the department of [health and welfare] health, welfare and rehabilitation pursuant to the regulation of the state board of health governing the sanitation and grading of milk and milk products.
κ1967 Statutes of Nevada, Page 1177 (CHAPTER 439, AB 381)κ
2. No such permit shall be required from any person, firm, association or, corporation who sells solely to a permittee or purchases solely from a permittee.
Sec. 109. NRS 584.190 is hereby amended to read as follows:
584.190 If it shall appear to the satisfaction of the health division of the department of [health and welfare] health, welfare and rehabilitation that the applicant has complied with the regulations governing the sanitation and grading of milk and milk products, the health division shall cause the dairy farms, milk plants and facilities of the applicant to be inspected as provided by the regulations of the state board of health.
Sec. 110. NRS 584.195 is hereby amended to read as follows:
584.195 1. If, after the application and inspection, it shall appear to the satisfaction of the health division of the department of [health and welfare] health, welfare and rehabilitation that the applicant has fully complied with the regulations of the state board of health governing the sanitation and grading of milk and milk products, the health division shall issue a permit to the applicant.
2. The health division shall keep a record of all applications for permits and permits issued by it, which shall be a public record.
Sec. 111. NRS 584.200 is hereby amended to read as follows:
584.200 1. Whenever any inspection of the dairy farms, milk plants or facilities of an applicant or a permittee necessitates departing beyond the territorial limits of the State of Nevada, the applicant or permittee on whose behalf such inspection is to be made shall be required to pay the per diem expense allowance and travel expenses of the inspector or inspectors for the amount of their travel beyond the territorial limits of the State of Nevada in an amount equivalent to that paid other state officers performing similar duties. Claims for per diem expense allowances and travel expenses of inspectors shall be paid from the milk inspection revolving fund which is hereby created in the state treasury.
2. After an inspection is made outside the State of Nevada, the health division of the department of [health and welfare] health, welfare and rehabilitation shall collect from the applicant or permittee an amount of money equal to the expenses incurred for the inspection and deposit the same to the credit of the milk inspection revolving fund.
3. Failure of an applicant or a permittee to pay the amount demanded by the health division pursuant to the provisions of subsection 2 is a ground for the denial, suspension or revocation of a permit. Moneys paid by any applicant or permittee pursuant to the provisions of subsection 2 shall not be refunded.
Sec. 112. NRS 584.210 is hereby amended to read as follows:
584.210 1. Whenever the health division of the department of [health and welfare] health, welfare and rehabilitation shall have reasonable grounds to believe that any applicant or permittee under NRS 584.180 to 584.210, inclusive, is violating any of the provisions of NRS 584.180 to 584.210, inclusive, or any of the rules, regulations or specifications promulgated by the state board of health relative to the sanitation and grading of milk and milk products, or whenever the results of tests indicate that the facilities, milk or milk products do not meet such regulations or are not reliable or are questionable, or when the health division determines that the operation in any other manner is inimical and not for the best interests of the health, safety or welfare of the people of this state, the state board of health is authorized and empowered, after a hearing, to refuse to grant a permit or suspend or revoke any or all permits previously issued.
κ1967 Statutes of Nevada, Page 1178 (CHAPTER 439, AB 381)κ
regulations or are not reliable or are questionable, or when the health division determines that the operation in any other manner is inimical and not for the best interests of the health, safety or welfare of the people of this state, the state board of health is authorized and empowered, after a hearing, to refuse to grant a permit or suspend or revoke any or all permits previously issued.
2. The board shall cite the permittee, upon notice stating reasons and given not less than 10 days prior to the date set for the hearing, to appear and show cause, if any he has, why the permit should not be revoked or suspended. The permittee cited to appear and show cause shall have the right to file an answer, to appear and be heard in person and by counsel, and to present evidence at such hearing.
3. The board shall have the power to conduct investigations, summon and compel the attendance of witnesses, require the production of any records or documents, and to provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with such hearings.
4. If, upon hearing, the board is satisfied that the violation charged is true, or if the licensee fails to appear and show cause, the board shall have the power to revoke or suspend the permit summarily.
5. The findings of the board and the judgment or order shall be reduced to writing and filed in the permanent public records of the board. The findings shall state the reasons why the application for a permit was disapproved or the permit was suspended or revoked. Copies shall be furnished to the applicant or permittee, and he may, within 30 days after the denial, suspension or revocation of the permit, file an appeal with the district court of the county wherein he resides or has, or intends to have, his principal place of business within this state. Upon the filing of the appeal, the enforcement of the boards order shall be stayed pending final disposition of the appeal. If the order is affirmed, it shall become final and conclusive and the stay of enforcement shall be automatically vacated.
6. In any case where the board refuses to issue a permit, or suspends or revokes a permit, the applicant or accused shall have the right to submit another application for the consideration of the board.
Sec. 113. NRS 585.200 is hereby amended to read as follows:
585.200 The director of the department of [health and welfare] health, welfare and rehabilitation shall designate and appoint, for the enforcement of this chapter, a commissioner and such other agents as he may deem necessary.
Sec. 114. NRS 630.285 is hereby amended to read as follows:
630.285 1. The board may issue a permit to any qualified applicant to serve as a professional employee of the health division of the department of [health and welfare] health, welfare and rehabilitation subject to the provisions of this section.
2. The holder of a permit shall:
(a) Practice medicine, surgery and allied specialties only as an employee of the health division and under the supervision of the state health officer.
(b) Be a citizen of the United States, or a citizen of Canada who has declared his intention to become a citizen of the United States, and a graduate of an accredited medical school of the United States or Canada, as judged by the board.
κ1967 Statutes of Nevada, Page 1179 (CHAPTER 439, AB 381)κ
graduate of an accredited medical school of the United States or Canada, as judged by the board.
(c) Be of good moral character.
3. Before granting any permit to an individual the board shall have in its possession a letter from the state health officer requesting issuance of a permit to that individual to serve as an employee of the health division.
4. Such permits shall be issued at the meetings of the board, but the president and the secretary of the board may jointly issue permits between meetings of the board, subject to approval at the next meeting of the board.
5. The duration of each permit shall be determined by the board, but shall in no case be in excess of 1 year. One renewal only of a permit for a term not to exceed 1 year may be granted by the board.
6. A. permit to serve as an employee of the health division does not entitle the holder to engage in the private practice of medicine, surgery or obstetrics as defined in this chapter.
7. Any permit granted pursuant to this section may be revoked by the board at any time for reasons deemed sufficient by the board.
8. The board may adopt and enforce rules and regulations for carrying out the purposes of this section, subject to the provisions of this section.
9. The issuance of a permit to serve as an employee of the health division in no way obligates the board to grant any regular license for the practice of medicine, surgery and allied specialties in Nevada.
Sec. 115. NRS 631.270 is hereby amended to read as follows:
631.270 1. The board shall without examination grant a limited license to practice dentistry or dental hygiene in this state to any graduate of a recognized dental school or school of dental hygiene endorsed by the board, and otherwise qualified in the following cases:
(a) Upon request of the state board of health, with the concurrence of the dental members thereof, to a dentist or dental hygienist to serve the health division of the department of [health and welfare] health, welfare and rehabilitation in such institution or area and with such limited duties as may be defined in such request.
(b) Upon request of the governing board of any accredited hospital to a dentist to serve as a dental interne in such institution, with such limited duties as may be defined in such request.
2. No such limited license shall be granted to any person whose license to practice dentistry or dental hygiene has been revoked or to whom a license has been refused.
3. Such limited license shall not permit the holder thereof to open an office for private practice or to receive compensation for the practice of dentistry except such salary as may be paid by the State of Nevada, its legal subdivision, or the institution by which he is employed.
4. Such limited license may be revoked by the board at any time, and shall expire by its own limitation 6 months after the date of its issuance, but may be renewed for a similar period at the discretion of the board.
Sec. 116. This act shall become effective at 12:01 a.m. on July 1, 1967.
________
κ1967 Statutes of Nevada, Page 1180κ
Assembly Bill No. 539Committee on Ways and Means
CHAPTER 440
AN ACT authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1967, and ending June 30, 1968, and beginning July 1, 1968, and ending June 30, 1969; and providing other matters properly relating thereto.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Expenditure of the following sums not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal years beginning July 1, 1967, and ending June 30, 1968, and beginning July 1, 1968, and ending June 30, 1969, by the various officers, departments, boards, agencies, commissions and institutions of the state government hereinafter mentioned:
Fiscal Year Fiscal Year
1967-1968 1968-1969
Attorney general......................................................................... $117,839 $117,955
Department of administration
Buildings and grounds division......................................... 532,992 535,468
General services revolving fund.................................. 331,710 332,360
Marlette Lake water system.......................................... 27,776 27,424
Central data processing division....................................... 137,473 175,172
Record services.................................................................... 2,792 8,296
Insurance premium revolving fund.................................... 172,314 177,864
Personnel division................................................................ 223,091 231,414
Purchasing division............................................................. 217,940 212,926
Surplus property............................................................ 65,866 66,744
Motor Pool............................................................................ 166,260 185,171
State planning board.................................................................. 11,400 11,690
Nevada tax commission............................................................. 500 500
District judges travel................................................................. 400 400
Superintendent of state printing and state printing office... 782,533 758,642
University of Nevada
Reno campus instruction.................................................... 1,593,308 1,663,450
Nevada technical institute and Stead buildings and grounds 191,159....................................................................... 199,159
Clark County campus instruction...................................... 575,842 623,650
Clark County campus technical institute.......................... ..... 15,000
Statewide services and Desert Research Institute.......... 72,382 76,000
State department of education
Administration...................................................................... 96,390 96,640
Training of teachers of handicapped children................. 51,000 51,000
State distributive school fund............................................ 1,370,000 1,575,000
κ1967 Statutes of Nevada, Page 1181 (CHAPTER 440, AB 539)κ
Fiscal Year Fiscal Year
1967-1968 1968-1969
National Defense Education Act....................................... $111,249 $111,249
National Defense Education Act-
Title X ............................................................................. 26,000 28,000
Western states small school study................................... 35,490 11,071
Fleischmann scholarships................................................... 194,109 165,590
Indian education................................................................... 84,615 84,673
Indian education scholarships........................................... 10,000 10,000
Vocational education........................................................... 552,372 552,372
Adult basic education......................................................... 50,000 50,000
Manpower development and training............................... 333,562 333,938
Civil defense adult education............................................. 99,652 114,710
Eight State Rocky Mountain Project................................. 31,208 31,208
Elementary & Secondary Education Act
Title I................................................................................ 1,072,600 1,572,000
Title II ............................................................................. 277,845 383,240
Title V ............................................................................. 178,335 178,335
Nevada historical society.......................................................... 3,000 3,000
State library ............................................................................. 203,744 245,643
Library construction............................................................ 196,535 136,148
Library gift fund.................................................................... 5,000........................................................................................
Library services-interlibrary cooperation......................... 66,802 89,070
Specialized library services-Title 4A................................. 7,000 7,000
Specialized library services-Title 4B.................................. 73,716 92,146
Department of Health, Welfare and Rehabilitation
Director of economic opportunity..................................... 53,221 53,880
Rehabilitation division
Vocational rehabilitation............................................... 622,777 625,021
OASI disability determinations.................................... 142,882 150,726
Health division
Preventive medical services......................................... 225,000 225,000
Environmental health..................................................... 63,852 64,031
Crippled childrens services and maternal and child health 310,000................................................................ 310,000
Dental health................................................................... 53,500 53,500
Bureau of health facilities............................................. 35,690 42,690
Tuberculosis followup.................................................. 127,497 134,867
Special childrens clinic................................................. 75,000 75,000
Armed Forces medical rejectees.................................. 16,117 16,200
Venereal disease control............................................... 22,730 22,986
Chronic illness................................................................ 85,344 85,727
κ1967 Statutes of Nevada, Page 1182 (CHAPTER 440, AB 539)κ
Fiscal Year Fiscal Year
1967-1968 1968-1969
Mental hygiene division..................................................... $65,000 $65,000
Mental retardation......................................................... 30,833......................................................................................
Nevada state hospital.................................................... 431,000 445,000
In-service training................................................... 24,751 25,000
In-service education............................................... 25,000 25,000
Intensive treatment and followup......................... 100,000............................................................................. 100,000
Services to the blind division............................................. 96,110 96,110
Welfare division
Old-age assistance......................................................... 1,429,575 1,429,575
Title XIX.......................................................................... 4,169,578 4,609,021
Aid to the blind.............................................................. 94,800 94,800
Aid to dependent children............................................ 1,702,800 1,793,100
Child welfare services.................................................... 139,112 142,416
Foster home care of Indian children............................ 257,860 279,280
Title V-Work training coordinator............................... 37,411 30,314
Title V-Work training-
Clark County............................................................ 1,844,913 1,632,688
Title V-Work training-
Washoe County...................................................... 644,801 559,491
Title V-Work training-
McDermitt................................................................. 253,757 190,543
Public assistance and child welfare administration.. 936,048 974,468
Childrens home division.................................................... 1,000 1,000
Nevada youth training center division............................. 12,000 12,000
Nevada girls training center division............................... 4,000 4,000
Nevada state prison................................................................... 27,900 29,900
Department of civil defense and disaster assistance............ 23,809................................................................................................. 23,848
RADEF maintenance shop.................................................. 29,347 30,413
Community shelter planning............................................... 26,070 11,782
Adjutant general and the Nevada National Guard................ 87,072 84,608
Public service commission of Nevada..................................... 235,947 236,139
Nevada racing commission....................................................... 56,550 56,550
Hoisting engineers examining board....................................... 762 807
Nevada state dairy commission................................................ 141,430 144,097
Nevada athletic commission..................................................... 22,726 22,726
State department of conservation and natural resources
Office of the director............................................................ 12,000 12,000
Division of forestry.............................................................. 346,592 310,968
Forest pest control......................................................... 5,000 5,000
κ1967 Statutes of Nevada, Page 1183 (CHAPTER 440, AB 539)κ
Fiscal Year Fiscal Year
1967-1968 1968-1969
Humboldt River water investigation.................................. $2,500 $2,500
Division of oil and gas conservation................................ 700 700
Division of state parks
Administration................................................................ 5,604 5,884
Capital improvement program...................................... 55,000 225,000
Marina development...................................................... 30,000 30,000
State board of fish and game commissioners......................... 1,867,240 1,797,495
State department of agriculture
Division of plant industry................................................... 25,000 26,000
Noxious weed and insect pest control.............................. 2,741 3,090
Apiary inspection fund....................................................... 7,799 7,559
Agricultural registration and enforcement....................... 28,729 24,954
Livestock disease control fund.......................................... 100 100
Livestock inspection fund.................................................. 165,049 158,616
State woolgrowers predatory animal committee................... 48,676 44,580
State board of sheep commissioners....................................... 15,600 15,600
Colorado River commission...................................................... 163,271 176,083
Department of highways........................................................... 53,688,000 62,393,000
Employment security department
Unemployment compensation administration................. 3,150,835 3,434,245
OASI administration............................................................ 2,800 3,000
Public employees retirement board......................................... 121,821 131,718
Professional boards and commissions
Nevada detective licensing board or its successor........ 4,968 4,994
Nevada state board of public accountants...................... 10,320 10,620
State board of architecture.................................................. 13,300 13,300
State barbers health and sanitation board...................... 11,500 11,500
State board of examiners in the basic sciences................ 5,500 5,500
State board of chiropody.................................................... 232 232
Nevada state board of chiropractic examiners................. 8,650 8,650
State contractors board...................................................... 157,000 160,000
State board of cosmetology................................................ 29,000 29,000
Board of dental examiners of Nevada................................ 12,756 12,816
Board of dispensing opticians........................................... 500 500
State board of registered professional engineers............ 27,100 27,800
κ1967 Statutes of Nevada, Page 1184 (CHAPTER 440, AB 539)κ
Fiscal Year Fiscal Year
1967-1968 1968-1969
State board of funeral directors and embalmers.............. $4,540 $4,650
Nevada liquefied petroleum gas board............................. 15,200 15,200
Board of medical examiners of the State of Nevada........ 25,095 26,335
Nevada state board of examiners in optometry............... 2,200 2,355
State board of osteopathy.................................................. 500 500
State board of nursing......................................................... 30,423 31,350
State board of pharmacy..................................................... 37,500 37,500
State board of physical therapy examiners....................... 500 500
Board of psychological examiners..................................... 500 500
State board of veterinary medical examiners.................... 2,598 2,598
Sec. 2. 1. Expenditure of $979,933 by the Nevada gaming commission and the state gaming control board from the general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1967, and ending June 30, 1968.
2. Expenditure of $980,230 by the Nevada gaming commission and the state gaming control board from the general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1968, and ending June 30, 1969.
Sec. 3. The funds authorized to be expended by the provisions of sections 1 and 2 shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 4. The chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amount authorized in sections 1 and 2 for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, from any appropriation made by the legislature, or from any other source which he determines has not been taken into consideration by this act or is in excess of the amount so taken into consideration. The chief of the budget division of the department of administration may also, with the approval of the governor, reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized in sections 1 and 2.
Sec. 5. Where the operation of an office, department, board, agency, commission or institution or a program is financed by an appropriation or appropriations from the general fund as well as by funds received from other sources, the portion provided by appropriation from the general fund shall be decreased to the extent that the receipt of the funds from other sources approved by this act are exceeded, provided that:
κ1967 Statutes of Nevada, Page 1185 (CHAPTER 440, AB 539)κ
from other sources, the portion provided by appropriation from the general fund shall be decreased to the extent that the receipt of the funds from other sources approved by this act are exceeded, provided that:
1. Such decrease shall not jeopardize the receipt of such funds to be received from other sources; and
2. This section shall not apply to any fund if such excess receipts are to be expended for a purpose or purposes approved by the governor or the chief of the budget division of the department of administration if such authority is so delegated by the governor.
Sec. 6. 1. In addition to the amount authorized for the University of Nevada in section 1, expenditure of $495,562 for the University of Nevada experiment station and $385,097 for the University of Nevada extension division from federal and county subvention and sales not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal year beginning July 1, 1967, and ending June 30, 1968.
2. In addition to the amount authorized for the University of Nevada in section 1, expenditure of $495,562 for the University of Nevada experiment station and $385,097 for the University of Nevada extension division from federal and county subventions and sales and not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal year beginning July 1, 1968, and ending June 30, 1969.
3. The funds authorized to be expended in subsections 1 and 2 of this section shall be excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive. The chief of the budget division of the department of administration may authorize augmentation of the amounts authorized for expenditure by subsections 1 and 2 of this section in the amount of any funds which he estimates will be received by the University of Nevada from federal or county subventions or sales but shall not reduce the amount so authorized.
Sec. 7. This act shall become effective July 1, 1967.
________
Assembly Bill No. 540Committee on Ways and Means
CHAPTER 441
AN ACT making appropriations from the general fund, the state highway fund, the county gas tax fund and the fish and game fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1967, and ending June 30, 1968, and beginning July 1, 1968, and ending June 30, 1969; and providing other matters properly relating thereto.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following sums are hereby appropriated from the general fund in the state treasury, except when otherwise specified, for the purposes hereinafter expressed and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1967, and ending June 30, 1968, and beginning July 1, 1968, and ending June 30, 1969.
κ1967 Statutes of Nevada, Page 1186 (CHAPTER 441, AB 540)κ
of the State of Nevada for the fiscal years beginning July 1, 1967, and ending June 30, 1968, and beginning July 1, 1968, and ending June 30, 1969.
Fiscal Year Fiscal Year
1967-1968 1968-1969
Sec. 2. The Office and Mansion of the Governor.
For the support of the office of the governor.................. $168,569 $170,913
For the support of the governors mansion..................... 20,071 20,320
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of lieutenant governor...... 9,129 9,129
Sec. 4. The Office of Secretary of State.
For the support of the office of secretary of state.......... 187,534 183,956
For the support of the archives division.......................... 19,016 19,535
Sec. 5. The Office of Attorney General.
For the support of the office of attorney general............ 174,329 175,071
For the special fund of the attorney general.................... 10,000 10,000
Sec. 6. Supreme Court of Nevada.
For the support of the supreme court of Nevada............ 276,300 277,612
Sec. 7. Judges Salaries and Pensions.
For the support of judges salaries and pensions........... 392,136 392,136
Sec. 8. District Judges Travel.
For the support of district judges travel.......................... 24,900 24,900
Sec. 9. The Office of State Controller.
For the support of the office of state controller.............. 148,899 151,475
Sec. 10. The Office of State Treasurer.
For the support of the office of state treasurer................ 68,927 68,778
Sec. 11. Department of Administration.
For the support of the budget division............................. 134,938 137,333
For the support of the record services division.............. 30,090 25,089
κ1967 Statutes of Nevada, Page 1187 (CHAPTER 441, AB 540)κ
Fiscal Year Fiscal Year
1967-1968 1968-1969
For allocations to general fund agencies, other than the University of Nevada, for additional per diem expense moneys required by enactment of chapter 205, Statutes of Nevada 1967 $25,000.................................................................................... $25,000
The following sum is hereby appropriated from the state highway fund for the support of the budget division........................... 9,600 10,100
The following sum is hereby appropriated from the general fund for the support of the buildings and grounds division, central mail fund............................................................................................... 20,497 20,822
Sec. 12. State Planning Board.
For the support of the state planning board.................... 171,822 173,226
Sec. 13. Nevada Tax Commission.
The following sum is hereby appropriated from the general fund for the support of the Nevada tax commission...................... 813,375 836,004
The following sum is hereby appropriated from the state highway fund for the support of the motor vehicle fuel tax division of the Nevada tax commission............................................................. 47,000 47,000
The following sum is hereby appropriated from the county gas tax fund for the support of the motor vehicle fuel tax division of the Nevada tax commission............................................................. 12,000 12,000
Sec. 14. State Board of Finance.
For the support of the state board of finance.................. 862 862
Sec. 15. Nevada Commissioner for Veterans Affairs.
For the support of the office of the the Nevada commissioner for veterans affairs............................................................................ 63,370 63,452
Sec. 16. Department of Economic Development.
For the support of the department of economic development 108,667.................................................................................... 109,048
Sec. 17. Indian Affairs Commission.
For the support of the Nevada Indian affairs commission 18,108...................................................................................... 18,359
Sec. 18. State Board of Pardons Commissioners.
For the support of the state board of pardons commissioners 4,023........................................................................................ 3,017
Sec. 19. Nevada Commission on Equal Rights of Citizens.
κ1967 Statutes of Nevada, Page 1188 (CHAPTER 441, AB 540)κ
Fiscal Year Fiscal Year
1967-1968 1968-1969
For the support of the Nevada commission on equal rights of citizens.......................................................................................... $40,186 $39,124
Sec. 20. State Officers Bond Premiums.
For the payment of state officers bond premiums......... 3,750 3,750
Sec. 21. Legislative Counsel Bureau.
For the support of the legislative counsel bureau and the legislative commission............................................................... 601,285 651,583
Sec. 22. State Department of Education.
The following sums are hereby appropriated for the support of:
Administration................................................................ 388,385 394,987
Vocational education-adult basic education............. 5,000............................................................................. 5,000
Vocational education..................................................... 384,405 387,166
National defense education-Title X............................ 9,000 9,000
Manpower development and training......................... 27,662 27,614
State distributive school fund...................................... 29,202,233 27,567,241
State distributive school fund-school construction relief ............................................................................. 259,128 ..............................................................................
Automobile driver education fund.............................. 100,000 100,000
Care of deaf, dumb and blind....................................... 125,225 133,175
Public school teachers retirement.............................. 2,573,707 2,809,493
Sec. 23. State Library.
For the support of the state library.................................... 254,963 252,652
Sec. 24. Nevada State Museum.
For the support of the Nevada state museum.................. 74,772 75,173
Sec. 25. Nevada Historical Society.
For the support of the Nevada historical society............ 46,111 50,147
For moving and operation expense of new building....... 24,420
Sec. 26. Nevada Heritage Association.
For the support of the Nevada heritage association...... 1 1
Sec. 27. Lost City Museum.
The following sum is hereby appropriated to the buildings and grounds division of the department of administration for the support of the Lost City museum............................................................ 16,546 16,646
κ1967 Statutes of Nevada, Page 1189 (CHAPTER 441, AB 540)κ
Fiscal Year Fiscal Year
1967-1968 1968-1969
Sec. 28. University of Nevada.
For the support of the Reno campus instruction............ $6,020,833 $6,303,588
For the support of Nevada technical institute and Stead buildings and grounds................................................................................ 346,028 377,476
For the support of the Clark County campus instruction 1,943,967................................................................................. 2,107,051
For the support of the technical institute at the Clark County campus......................................................................................... 272,115 268,234
For the support of general university administration and expense 516,716.................................................................................... 524,890
For the support of statewide services and Desert Research Institute........................................................................................ 1,697,753 1,762,565
For the support of classified and technical salary and group insurance adjustment (to be allocated by the university to specific funds)........................................................................................... 169,702 171,251
Sec. 29. Western Regional Higher Education Compact Fund.
For the support of the Western Regional Higher Education Compact fund.............................................................................. 33,327 126,111
Sec. 30. Department of Health, Welfare and Rehabilitation.
The following sums are hereby appropriated for the support of:
Office of the director...................................................... 63,190............................................................................. 63,478
Office of the director of economic opportunity......... 13,618............................................................................. 13,245
Welfare division
Old-age assistance.................................................. 753,375 753,375
Title XIX................................................................... 877,799 1,053,961
Aid to the blind........................................................ 91,008 91,008
Aid to dependent children..................................... 752,400 792,300
Child welfare services............................................. 401,056 417,684
Public assistance and child welfare administration ....................................................................... 878,084....................................................................... 904,197
Childrens home division.............................................. 233,230............................................................................. 240,831
Childrens home division-Las Vegas facility............. ......... ............................................................................. 83,213
Nevada youth training center division....................... 836,898............................................................................. 846,789
Nevada girls training center division......................... 558,453............................................................................. 576,422
Health division
Preventive medical services................................... 169,099 180,994
Bureau of health facilities....................................... 28,748 34,390
Environmental health.............................................. 318,899 321,647
κ1967 Statutes of Nevada, Page 1190 (CHAPTER 441, AB 540)κ
Fiscal Year Fiscal Year
1967-1968 1968-1969
Crippled childrens services and maternal and child health............................................................ ................................................................ $221,646................................................................ $246,183
Vital statistics........................................................... 117,819 127,109
Dental health............................................................ 88,409 90,749
Special childrens clinics........................................ 36,727 37,025
Tuberculosis care.................................................... 463,326 478,613
Tuberculosis mobile unit........................................ 28,834 30,086
Rehabilitation division.................................................. 105,964 117,943
Mental hygiene division............................................... 338,635 350,897
Mental retardation................................................... 4,623 32,235
Mental retardation cottages.................................. 139,850
Nevada state hospital............................................. 1,926,724 2,147,636
Alcoholism division....................................................... 30,341 30,654
Services to the blind division....................................... 61,084 ............................................................................. 63,453
Sec. 31. Nevada State Prison.
For the support of the Nevada state prison..................... 1,890,030 1,968,554
Sec. 32. State Board of Parole Commissioners.
For the support of the state board of parole commissioners 284,179.................................................................................... 313,589
Sec. 33. Adjutant General and the Nevada National Guard.
For the support of the adjutant general and the Nevada National Guard............................................................................................ 115,872 120,085
Sec. 34. Department of Civil Defense and Disaster Assistance.
For the support of the department of civil defense and disaster assistance.................................................................................... 23,809 23,847
Sec. 35. The Office of Inspector of Mines.
For the support of the office of inspector of mines........ 60,921 61,686
Sec. 36. Public Service Commission of Nevada.
The following sum is hereby appropriated from the state highway fund for the support of the public service commission of Nevada......................................................................................... 97,455 110,062
Sec. 37. State Labor Commissioner and State Apprenticeship Council.
For the support of the labor commissioner and the state apprenticeship council............................................................... 64,562 64,254
Sec. 38. Department of Commerce.
The following sums are hereby appropriated for the support of:
κ1967 Statutes of Nevada, Page 1191 (CHAPTER 441, AB 540)κ
Office of the director...................................................... $39,074............................................................................. $38,882
Insurance division......................................................... 159,742............................................................................. 163,106
Appropriated to the insurance division for the support of the state fire marshal.............................. 42,010....................................................................... 39,617
Banking division............................................................ 134,736............................................................................. 138,399
Savings and loan division............................................ 83,975............................................................................. 84,107
Real estate division........................................................ 114,485............................................................................. 115,357
Sec. 39. State Department of Conservation and Natural Resources.
The following sums are hereby appropriated for the support of:
Office of the director...................................................... 250,440............................................................................. 251,060
State committee on federal land laws.......................... 10,269............................................................................. 10,269
Division of water resources.......................................... 251,069............................................................................. 251,137
California-Nevada compact commission.................... 20,000............................................................................. 20,000
Division of forestry........................................................ 80,793............................................................................. 80,103
Forest pest control......................................................... 5,000............................................................................. 5,000
Forest fire suppression................................................. 30,000............................................................................. 30,000
Humboldt River water investigation........................... 7,244............................................................................. 7,244
State soil conservation committee............................... 750............................................................................. 750
Division of state parks-administration........................ 201,518............................................................................. 205,209
Division of state parks-capital improvements........... 134,475............................................................................. 106,000
Sec. 40. State Department of Agriculture.
The following sums are hereby appropriated for the support of:
Division of plant industry............................................. 319,235............................................................................. 308,972
Insect pest and noxious weed control........................ 54,873............................................................................. 57,513
Livestock disease control fund.................................... 67,160............................................................................. 67,267
Animal disease laboratory............................................ 47,972............................................................................. 48,176
Sec. 41. State Predatory Animal and Rodent Committee.
The following sum is hereby appropriated from the general fund for the support of the state predatory animal and rodent committee 128,877.................................................................................... 130,467
The following sum is hereby appropriated from the fish and game fund for the support of the state predatory animal and rodent committee..................................................................................... 40,000 40,000
Sec. 42. Nevada Junior Livestock Show Board.
κ1967 Statutes of Nevada, Page 1192 (CHAPTER 441, AB 540)κ
Fiscal Year Fiscal Year
1967-1968 1968-1969
For the support of the Nevada junior livestock show board $2,000...................................................................................... $2,000
Sec. 43. State Bureau of Mines.
For the support of the state bureau of mines................... 75,000 75,000
Sec. 44. Fort Mohave Valley Development Fund.
For the support of the Fort Mohave Valley development fund 7,500........................................................................................ 7,500
Sec. 45. Advisory Mining Board.
For the support of the advisory mining board................. 800 800
Sec. 46. Consolidated Bond Interest and Redemption Fund.
For the support of the consolidated bond interest and redemption fund.......................................................................... 1,038,377 5,582,698
Sec. 47. Department of Motor Vehicles.
The following sum is hereby appropriated from the state highway fund for the support of the department of motor vehicles 3,308,589................................................................................. 3,635,378
Sec. 48. 1. Except as provided in subsection 3, the funds herein appropriated shall be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work-programmed for the 2 separate fiscal years, 1967-1968 and 1968-1969, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the director of the budget.
2. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
3. Pursuant to law, the moneys appropriated by sections 6 and 21 of this act for the support of the supreme court of Nevada and the legislative counsel bureau shall be excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 49. Notwithstanding any other provisions of this act, the moneys appropriated by:
1. Section 22 of this act to the state distributive school fund;
2. Section 30 of this act to the tuberculosis care fund of the health division of the department of health, welfare and rehabilitation and to the old-age assistance fund, the aid to the blind fund, and the aid to dependent children fund of the welfare division of the department of health, welfare and rehabilitation;
3. Section 39 of this act to the capital improvements fund of the division of state parks of the state department of conservation and natural resources;
κ1967 Statutes of Nevada, Page 1193 (CHAPTER 441, AB 540)κ
division of state parks of the state department of conservation and natural resources;
4. Section 46 of this act to the consolidated bond interest and redemption fund; and
5. Section 25 of this act to the Nevada historical society for moving and operation expense of the new building,
shall be available for both fiscal years, 1967-1968, and 1968-1969, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the director of the budget.
Sec. 50. 1. After June 30, 1968, unexpended balances of the appropriations herein made shall not be encumbered or committed for expenditure and, except as otherwise provided in subsection 2 of this section, shall revert to the fund from which appropriated on September 1, 1968.
2. If on September 1, 1968, any unexpended balance remains of the moneys appropriated to:
(a) The legislative counsel bureau by section 21 of this act, such unexpended balance shall not revert to the general fund but shall be transferred by the state controller to the legislative counsel bureau printing and binding fund as provided by NRS 220.150.
(b) The Western Regional Higher Education Compact fund by section 29 of this act, such unexpended balance shall not revert to the general fund but shall continue as a part of the Western Regional Higher Education Compact fund pursuant to statute.
Sec. 51. 1. After June 30, 1969, unexpended balances of the appropriations herein made shall not be encumbered or committed for expenditure and, except as otherwise provided in subsection 2 of this section, shall revert to the fund from which appropriated on September 1, 1969.
2. If on September 1, 1969, any unexpended balance remains of the moneys appropriated to:
(a) The legislative counsel bureau by section 21 of this act, such unexpended balance shall not revert to the general fund but shall be transferred by the state controller to the legislative counsel bureau printing and binding fund as provided by NRS 220.150.
(b) The Western Regional Higher Education Compact fund by section 29 of this act, such unexpended balance shall not revert to the general fund but shall continue as a part of the Western Regional Higher Education Compact fund pursuant to statute.
________
κ1967 Statutes of Nevada, Page 1194κ
Assembly Bill No. 197Mr. White
CHAPTER 442
AN ACT relating to the licensing of insurance agents and brokers; to provide for the suspension of licenses of insurance agents and brokers who fail to remit premium payments received by them to the proper insurance company or agency; 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. Chapter 684 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any insurance company or agency shall report to the commissioner if any licensed insurance agent, insurance broker or surplus line broker representing any such insurance company or agency fails to remit premiums for policies or endorsements, issued to the policyholder directly or through such agent or broker, within 30 days following the contractual due date thereof.
2. The commissioner may suspend the license of any insurance agent, insurance broker or surplus line broker who fails to remit to the proper insurance company or agency all moneys paid to him by policyholders, directly or indirectly, within 30 days after such payments become due. The suspension shall remain in effect until the indebtedness is discharged or a satisfactory release is given by the proper insurance company or agency.
3. The commissioner shall adopt such regulations as may be necessary to implement this section and to provide procedures for suspension and reinstatement under this section.
Sec. 2. NRS 684.310 is hereby amended to read as follows:
684.310 1. Except as provided in [subsection 2,] subsections 2 and 3, no license shall be suspended, revoked, the renewal thereof refused or the licensee fined without providing an opportunity to the licensee to be heard and produce evidence in his behalf.
2. A license shall be automatically forfeited and revoked where the resident agents or brokers license of a nonresident agent or broker has been revoked or renewal thereof refused, for cause, in his state of domicile and in all instances covered by subsections 3 and 4 of NRS 684.300.
3. A license may be suspended by the commissioner without a hearing when any insurance agent, broker or surplus line broker fails to remit premium payments to the insurance company or agency, as provided in section 1 of this act.
4. The hearing shall be held at such time and place as the commissioner shall designate in a notice served upon the licensee. Service may be made in person or service shall be considered completed if the notice is mailed to the last-known address of the licensee by registered or certified mail at least 20 days before the date designated therein.
[4.] 5. In the conduct of the hearing the commissioner or any employee of the department designated by the commissioner for such purpose shall have power to administer oaths and to examine any person under oath and in connection therewith to require the production of any books, records or papers relevant to the inquiry.
κ1967 Statutes of Nevada, Page 1195 (CHAPTER 442, AB 197)κ
purpose shall have power to administer oaths and to examine any person under oath and in connection therewith to require the production of any books, records or papers relevant to the inquiry.
________
Assembly Bill No. 407Mr. Dini
CHAPTER 443
AN ACT relating to livestock and farm products brokers, dealers, commission merchants, cash buyers and their agents; establishing licensing requirements and standards therefor; providing for the revocation of licenses; providing penalties; 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 576.030 is hereby amended to read as follows:
576.030 1. Every person, before acting as a broker, dealer, commission merchant, cash buyer or agent, as defined in NRS 576.010, shall file an application with the department for a license to transact such business. Separate applications shall be filed for each class of business.
2. The application shall be on forms prescribed and furnished by the department and shall set forth:
(a) The full name of the person applying for such license. If the applicant is a firm, exchange, association or corporation, the full name of each member of the firm, or the names of the officers of the exchange, association or corporation shall be given in the application.
(b) The principal business address of the applicant in the State of Nevada and elsewhere.
(c) The name or names of the person or persons authorized to accept service of summons and legal notice of all kinds for the applicant.
(d) [The applicants address or addresses for the preceding 3 years.
(e)] The names and addresses of all persons by whom the applicant has been employed for a period of 3 years immediately preceding the making of the application.
(e) A complete statement of the applicants business activity for the 3 years immediately preceding the making of the application which is not covered by paragraph (d).
(f) Whether or not the applicant has ever been arrested for anything other than a traffic violation punishable by a fine of $25 or less; if so, when and where, the nature of the crime charged, the disposition of the charge, the title and address of the police officials having custody of the record of arrest, and the names and locations of all the courts before which any proceedings in connection with the arrest took place.
(g) Whether or not the applicant has ever been a party in a civil suit; if so, the nature of the suit, whether the party was the plaintiff or the defendant, the disposition of the suit, and, if the applicant was the defendant and lost, whether there is a judgment or any portion thereof which remains unpaid.
κ1967 Statutes of Nevada, Page 1196 (CHAPTER 443, AB 407)κ
defendant, the disposition of the suit, and, if the applicant was the defendant and lost, whether there is a judgment or any portion thereof which remains unpaid.
(h) The county or counties in which the applicant proposes to engage in business.
[(f)] (i) The class or classes of farm products the applicant proposes to handle.
[(g)] (j) Such other information as the department may reasonably require.
3. In addition to the general requirements applicable to all classes of applications as set forth in subsection 2 of this section, the following requirements shall apply to the class of applications specified in paragraphs (a) and (b) of this subsection:
(a) Commission merchants. Each application shall include a complete schedule of commissions, together with an itemized listing of all charges for all services. Any services rendered for which charges are made, if not listed in the schedule on the application, shall be rendered on a strictly cost basis.
(b) Agents. Each application [shall include the name and address of the applicant,] to be an agent shall be in the same form as an application for a license as a broker, dealer or commission merchant, and shall include the name and address of the broker, dealer, commission merchant or cash buyer represented or sought to be represented by the agent, and the written endorsement or nomination of such broker, dealer, commission merchant or cash buyer.
4. The application shall be accompanied with an executed instrument whereby the applicant:
(a) Appoints and constitutes the executive director and his successor or successors in office the true and lawful attorney of the applicant upon whom all lawful process in any action or legal proceeding against the applicant arising in this state from a transaction under the provisions of this chapter may be served; and
(b) Agrees that any such lawful process against him which may be served upon his attorney as provided in this subsection shall be of the same force and validity as if served upon him and that the authority thereof shall continue in force irrevocably as long as any liability of the applicant in the state shall remain outstanding.
Sec. 2. NRS 576.035 is hereby amended to read as follows:
576.035 1. The department shall require the applicant for a license as a broker, dealer, commission merchant, cash buyer or agent to make a showing of character, responsibility and good faith in seeking to carry on the business stated in the application, and may make investigations, hold hearings and make determinations regarding such matters.
2. Should the applicant be a corporation or partnership, it shall likewise satisfy the department of the character, responsibility and good faith of all persons connected with it in a responsible or managing position, such as manager, superintendent, officer or director.
3. Failure of any person to satisfy the department of his character, responsibility or good faith may be considered by the department as adverse to a showing of such qualifications and shall be good and sufficient grounds for the denial of an application for a license or of the renewal thereof.
κ1967 Statutes of Nevada, Page 1197 (CHAPTER 443, AB 407)κ
renewal thereof. Previous conviction of a felony, previous bankruptcy, voluntary or involuntary, or previous violation of this chapter may be considered by the department as adverse to a showing of such character, responsibility or good faith on the part of the applicant.
4. Any person adjudged a bankrupt, or any person against whose bondsman or bondsmen or deposit in lieu of bond a claim or claims have been collected by court order, who has not made full settlement with all producer-creditors, shall not be licensed by the department during the period of 3 years from the date of such adjudication or collection.
5. The department may refuse to accept a new application for a license by an applicant rejected pursuant to this section for a period not exceeding 3 years from the date of rejection of the first application.
Sec. 3. NRS 576.040 is hereby amended to read as follows:
576.040 1. Each applicant to whom a license to act as a dealer, broker or commission merchant is issued shall do one of the following:
(a) File a bond of a surety company authorized to do business in this state or a bond with individual sureties owning unencumbered real property within this state subject to execution and worth, above all exemptions, double the amount of the bond. The bond shall be in the form prescribed by, and to the satisfaction of, the department, conditioned for the payment of a judgment or judgments against the applicant furnishing the bond and arising out of the failure of the applicant or his agent to conduct his business in accordance with the provisions of this chapter, or for nonpayment of obligations in connection with the purchase and sale of livestock or farm products. The aggregate liability of the surety to all claimants shall, in no event, exceed the amount of the bond.
(b) File a copy of the bond required by the United States pursuant to the provisions of the Packers and Stockyards Act (7 U.S.C. § 204).
(c) Furnish other security in the amount required by this section which is acceptable to the department.
2. In lieu of complying with one of the alternatives provided in subsection 1, the dealer, broker or commission merchant may deliver to the department the receipt of a bank or trust company in this state showing the deposit with such bank or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, such cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond. Any receipt shall be accompanied by evidence that there are no unsatisfied judgments against the dealer, broker or commission merchant of record in the county or counties in which the dealer, broker or commission merchant is doing business or wherein he resides. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this section.
3. The amount of such bond, other security or deposit shall be $5,000.
4. All bonds shall be renewed or continued in accordance with rules and regulations promulgated by the department.
5. Any producer of livestock or farm products or his agent or consignee injured by any violation of the provisions of this chapter, or by any misrepresentations or fraud on the part of any licensed dealer, broker or commission merchant, may maintain a civil action against such dealer, broker or commission merchant and the surety or sureties on the bonds, or either of them.
κ1967 Statutes of Nevada, Page 1198 (CHAPTER 443, AB 407)κ
or commission merchant, may maintain a civil action against such dealer, broker or commission merchant and the surety or sureties on the bonds, or either of them. Process authorized by the instrument filed with the department pursuant to subsection 4 of NRS 576.030 shall be served by delivering to and leaving with the executive director duplicate copies of such process and the payment of a fee of $2, and the service upon such attorney shall be deemed service upon such dealer, broker or commission merchant. The executive director shall forthwith forward one copy of such process by registered mail prepaid to the defendant dealer, broker or commission merchant, giving the day and hour of such service. The defendants return receipt shall be prima facie evidence of the completion of such service. If service of summons is made upon the executive director in accordance with the provisions of this subsection, the time within which the defendant is required to appear shall be deemed to be extended 10 clays. The foregoing provisions of this subsection with reference to the service of process shall not be deemed exclusive, but if such defendant dealer, broker or commission merchant is found within the State of Nevada he shall be served with process in the State of Nevada.
6. Any producer of livestock or farm products or his agent or consignee having a claim against any dealer, broker or commission merchant shall commence legal action on the bond, or the money or securities deposited in lieu of a bond, for recovery of the amount claimed to be due within 1 year from the date the claim shall have accrued.
7. If any licensed dealer, broker or commission merchant for any reason ceases to operate as such, the amount of money or securities deposited in lieu of a bond shall be retained by the department for 1 year. If after the expiration of 1 year from the cessation of such operation, no legal action has been commenced to recover against such money or securities, the amount thereof shall be delivered to the owner thereof. If a legal action has been commenced within such time, all such money and securities shall be held by the department subject to the order of the district court.
8. If the department receives notice from a producer of livestock or farm products or his agent or consignee of the default of a licensed dealer, broker or commission merchant, the department shall issue an order to the licensee to show cause why his license should not be revoked. The notice shall be in writing and set forth a time and place for a hearing on the matter to be held before the director of the department.
9. If a license is revoked pursuant to subsection 8 the department shall, by publication in a newspaper of general circulation in the area, notify all known producers of livestock or farm products in the area in which the licensee operated that the licensees license has been revoked.
Sec. 4. NRS 576.060 is hereby amended to read as follows:
576.060 1. Upon receipt of an application for a license, accompanied by the license fee and a surety bond, other acceptable security, a copy of the bond required by the United States, or a deposit receipt, as provided in NRS 576.040, the department shall examine the same and, subject to the provisions of NRS 576.120, upon the completion of its investigation, the department shall grant the license as applied for.
2. The department shall complete its investigation and either issue or deny the license within 30 days after receipt of the application, bond and other papers.
κ1967 Statutes of Nevada, Page 1199 (CHAPTER 443, AB 407)κ
or deny the license within 30 days after receipt of the application, bond and other papers.
Sec. 5. NRS 576.080 is hereby amended to read as follows:
576.080 Licenses shall be in such form as the department may prescribe, shall be under the seal of the department and shall set forth:
1. The name and address of the dealer, broker, commission merchant, cash buyer or agent.
2. The period of the license.
3. Such other information as the department reasonably may require.
4. The amount of the bond, deposit or other security required by NRS 576.040.
Sec. 6. NRS 576.100 is hereby amended to read as follows:
576.100 1. No agent may act for any dealer, broker, cash buyer or commission merchant unless: [such]
(a) Such dealer, broker, cash buyer or commission merchant is licensed and has designated the agent to act in his behalf; and [notified the department in writing of]
(b) The department has been notified in writing and has approved the appointment of such agent.
2. The dealer, broker, cash buyer or commission merchant is accountable and responsible for contracts made by his agents.
3. An agent must, prior to approval by the department, file an application with the department pursuant to paragraph (b) of subsection 3 of NRS 576.030.
Sec. 7. NRS 576.120 is hereby amended to read as follows:
576.120 1. The department may refuse to grant or renew a license or registration as provided in subsection 4 of NRS 576.140 or may suspend or revoke a license or registration as provided in subsection 4 of NRS 576.140 already granted if, after due notice and hearing, the department is satisfied of the existence of any of the following facts, the existence of which is hereby declared to be a violation of this chapter:
(a) That the applicant, or licensee, has intentionally made any false or misleading statement as to the conditions of the market for any farm products.
(b) That the applicant, or licensee, has made fictitious sales or has been guilty of collusion to defraud the producer.
(c) That the licensee was intentionally guilty of fraud or deception in the procurement of such license.
(d) That the applicant or licensee has in the handling of any farm products been guilty of fraud, deceit, or willful negligence.
(e) That the licensee, without reasonable cause, has failed or refused to execute or carry out a lawful contract with a producer.
(f) That the licensee, without reasonable cause, has issued checks for payment of farm products received without sufficient funds to cover them or has stopped payment on a check given in payment for farm products received.
(g) That the licensee, without reasonable cause, has failed to account for farm products as required by this chapter.
(h) That the licensee has knowingly employed an agent, as defined in subsection 1 of NRS 576.010, without causing such agent to comply with the licensing requirements of this chapter applicable to agents.
κ1967 Statutes of Nevada, Page 1200 (CHAPTER 443, AB 407)κ
subsection 1 of NRS 576.010, without causing such agent to comply with the licensing requirements of this chapter applicable to agents.
(i) That the licensee has failed or refused to keep, maintain and file records as required by this chapter.
2. The department may suspend, pending inquiry, for not longer than [10] 30 days, and after hearing or investigation may refuse to grant, renew or revoke any license as the case may require, when it is satisfied that the licensee has become bankrupt or insolvent, and is thereby unable to pay producer-creditors of the licensee, or producers with whom the licensee has executory or executed contracts for the purchase of farm products, or for the handling of farm products on consignment.
3. A license shall be suspended automatically, without action of the department, if the bond filed pursuant to subsection 1 of NRS 576.040 is canceled, and shall remain suspended until such bond is renewed.
4. In the case of any hearing held under the provisions of this section, there shall be filed in the office of the department a memorandum stating briefly the reasons of the department for the denial, suspension or revocation of the license, but formal findings of fact need not be made or filed.
Sec. 8. NRS 576.133 is hereby amended to read as follows:
576.133 When the executive director believes, on the basis of a verified complaint or of an investigation made pursuant to NRS 576.110, that any licensee or person assuming to transact business for which a license is required under this chapter is violating or is about to violate any provision of this chapter, he may order such licensee or other person to cease and desist from such unlawful practice. Such order shall cease to be effective upon the expiration of [3] 10 days, exclusive of Saturdays, Sundays and other nonjudicial days, from its date of issuance unless a court has, pursuant to NRS 576.135, issued an order which continues such restraint.
Sec. 9. Chapter 576 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A cash purchaser, purchasing for his own use, may be exempted by the department from the requirements of this chapter upon his filing an affidavit stating such facts as may be required by the department.
________
Assembly Bill No. 527Committee on Banking, Insurance and Corporations
CHAPTER 444
AN ACT relating to installment sales of consumer goods made by use of a credit card; 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. Chapter 97 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Cardholder means the person or organization to whom a credit card is issued or for whose benefit it is issued.
κ1967 Statutes of Nevada, Page 1201 (CHAPTER 444, AB 527)κ
Sec. 3. Credit Card means any instrument, whether in the form of a card, booklet, plastic or metal substance, or the number or other identifying description thereof, which is sold, issued or otherwise distributed by a business organization or financial institution, for the use by the person or organization named thereon for obtaining on credit goods, property, services or anything of value.
Sec. 4. NRS 97.085 is hereby amended to read as follows:
97.085 Retail buyer or buyer means a person or a cardholder who buys or hires goods, or gives a security interest in goods, or agrees to do so, or agrees to have services rendered or furnished from a retail seller.
Sec. 5. NRS 97.095 is hereby amended to read as follows:
97.095 Retail charge agreement, revolving charge agreement or charge agreement means an agreement entered into or performed in this state prescribing the terms of retail installment transactions which may be made thereunder from time to time by use of a credit card issued by the seller, a business organization or by a financial institution or otherwise and under the terms of which a time price differential is to be computed in relation to the buyers unpaid balance from time to time.
Sec. 6. NRS 97.125 is hereby amended to read as follows:
97.125 Retail seller or seller means [a]:
1. A person engaged in the business of selling goods or services to retail buyers[.] ; or
2. A business organization or financial institution which issues or otherwise distributes a credit card to be used in connection with a retail charge agreement.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 408Mr. Dini
CHAPTER 445
AN ACT relating to the trapping or killing of beaver or otter; requiring reduction in certain cases; providing more effective means of reducing beaver and otter population when such animals are doing damage; 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 503.470 is hereby amended to read as follows:
503.470 1. Beaver and otter in the State of Nevada may not be taken in the open trapping season or at any other time except as provided in NRS 503.470 to 503.560, inclusive.
2. When the commission shall have determined from investigations or [from complaints by landowners] upon a petition signed by the owners of 25 percent of the land area in any irrigation district or the area served by a ditch company alleging that an excessive population of beaver or otter does exist or that beaver or otter are doing damage to lands, streams, ditches, roads or water control structures, the commission [may] shall remove such excess or depredating beaver or otter by [one of] the following three methods:
κ1967 Statutes of Nevada, Page 1202 (CHAPTER 445, AB 408)κ
ditches, roads or water control structures, the commission [may] shall remove such excess or depredating beaver or otter by [one of] the following three methods:
(a) By live trapping such beaver or otter and removing them to other areas.
(b) By the employment of trappers to trap such beaver or otter and to retain and sell the pelts therefrom, the proceeds of sale being deposited in the fish and game fund.
(c) [Whenever the commission shall determine that the manner of control specified in paragraphs (a) or (b) of this subsection is not practicable the commission may authorize] Authorize the taking, trapping or killing of [a limited number of] beaver or otter by [regulation] providing for the issuance of special beaver tags to [resident licensed] trappers in the order in which they may apply for such tags, except that the landowners shall be given preference in the taking of beaver and otter from his own land. [, and may provide the price to be paid therefor and the maximum number to be issued to any one person, and for any one designated area. The price for any such tag shall not exceed the sum of $2.] No charge shall be made for such tags. Any such trapper or hunter shall not trap on private land except by written permission of the owner.
3. Whenever the commission determines that the excessive beaver or otter population has been reduced sufficiently so that the probability of damage no longer exists, it shall cease issuing permits, cancel outstanding permits and discontinue the other methods of removing the beavers or otters as required by subsection 2 of this section.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 53Senators Pozzi and Young
CHAPTER 446
AN ACT relating to motor vehicle liability insurance; adding a new section making it mandatory to include uninsured motorist protection in new policies; to enlarge the requirement for notice of cancellation; 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. Chapter 693 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No automobile liability or motor vehicle liability policy insuring against loss resulting from liability imposed for bodily injury or death may be delivered or issued for delivery in this state unless coverage is provided or supplemental to such policy for the protection of persons insured under such policy who are legally entitled to recover damages from owners or operators of uninsured motor vehicles.
κ1967 Statutes of Nevada, Page 1203 (CHAPTER 446, SB 53)κ
2. Such coverage shall be in limits for bodily injury or death as set forth in NRS 485.210.
3. The named insured may, in writing, reject such coverage, and such coverage need not be provided in or supplemental to a renewal policy where the named insured has rejected such coverage in connection with a policy previously issued to him by the same insurer, unless the named insured makes written request therefor.
4. No provision for arbitration contained in an automobile liability or motor vehicle liability policy delivered, issued for delivery or renewed in this state after the effective date of this act is binding upon the named insured or any person claiming under him.
Sec. 2. NRS 485.3091 is hereby amended to read as follows:
485.3091 1. A motor vehicle liability policy as the term is used in this chapter shall mean an owners or an operators policy of liability insurance [, certified as provided in NRS 485.308 or 485.309 as proof of financial responsibility, and] issued, except as otherwise provided in NRS 485.309, by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.
2. Such owners policy of liability insurance shall:
(a) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and
(b) Insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle or motor vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows: $10,000 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, $20,000 because of bodily injury to or death of two or more persons in any one accident, and $5,000 because of injury to or destruction of property of others in any one accident.
3. Such operators policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle not owned by him, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owners policy of liability insurance.
4. Such motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.
5. Such motor vehicle liability policy need not insure any liability under any workmens compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any such motor vehicle, nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.
κ1967 Statutes of Nevada, Page 1204 (CHAPTER 446, SB 53)κ
in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any such motor vehicle, nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.
6. Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:
(a) The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by such motor vehicle liability policy occurs; the policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his behalf and no violation of the policy shall defeat or void the policy.
(b) The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage.
(c) The insurance carrier shall have the right to settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in paragraph (b) of subsection 2 of this section.
(d) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter shall constitute the entire contract between the parties.
7. Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and such excess or additional coverage shall not be subject to the provisions of this chapter. With respect to a policy which grants such excess or additional coverage the term motor vehicle liability policy shall apply only to that part of the coverage which is required by this section.
8. [Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this chapter.
9.] Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
[10.] 9. The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers, which policies together meet such requirements.
[11.] 10. Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.
Sec. 3. NRS 485.3092 is hereby amended to read as follows:
485.3092 When an insurance carrier has [certified] issued a motor vehicle liability policy, [under NRS 485.308 or a policy under NRS 485.309,] the insurance so [certified] issued shall not be canceled or terminated until at least 10 days after a notice of cancellation or termination of the insurance [so certified shall be] has been received by the insured and, if the insurance carrier has certified such policy under NRS 485.308 or 485.309, a notice has also been filed in the office of the division. [, except that such a] A policy subsequently procured and certified shall, on the effective date of its certification, terminate the insurance previously certified with respect to any motor vehicle designated in both certificates.
κ1967 Statutes of Nevada, Page 1205 (CHAPTER 446, SB 53)κ
shall, on the effective date of its certification, terminate the insurance previously certified with respect to any motor vehicle designated in both certificates.
Sec. 4. This act shall become effective 120 days after passage and approval.
________
Assembly Bill No. 278Committee on Ways and Means
CHAPTER 447
AN ACT making appropriations from the general fund in the state treasury to the University of Nevada for the purpose of purchasing books for the library on the Reno campus and for the library at Nevada Southern University; providing that the moneys herein appropriated cannot be expended except for the express purposes authorized; 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. 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 the sum of $406,216 to the University of Nevada for the purchase of library books only for the library on the Reno campus. Any unexpended balance remaining from the appropriation made by this subsection on September 1, 1968, shall revert to the general fund in the state treasury.
2. For the fiscal year commencing July 1, 1968, and ending June 30, 1969, there is hereby appropriated from the general fund in the state treasury the sum of $417,430 to the University of Nevada for the purchase of library books only for the library on the Reno campus. Any unexpended balance remaining from the appropriation made by this subsection on September 1, 1969, shall revert to the general fund in the state treasury.
Sec. 2. 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 the sum of $358,988 to the University of Nevada for the purchase of library books only for the library of Nevada Southern University in Clark County, Nevada. Any unexpended balance remaining from the appropriation made by this subsection on September 1, 1968, shall revert to the general fund in the state treasury.
2. For the fiscal year commencing July 1, 1968, and ending June 30, 1969, there is hereby appropriated from the general fund in the state treasury the sum of $379,795 to the University of Nevada for the purchase of library books only for the library of Nevada Southern University in Clark County, Nevada. Any unexpended balance remaining from the appropriation made by this subsection on September 1, 1969, shall revert to the general fund in the state treasury.
κ1967 Statutes of Nevada, Page 1206 (CHAPTER 447, AB 278)κ
Sec. 3. None of the moneys appropriated by the provisions of section 1 of this act shall be expended for the purchase of library books for the library of Nevada Southern University. None of the moneys appropriated by the provisions of section 2 of this act shall be expended for the purchase of library books for the library on the Reno campus of the University of Nevada.
________
Senate Bill No. 509Senator Young
CHAPTER 448
AN ACT relating to medical laboratories; to exclude from regulation as such any laboratory operated by the state department of agriculture.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 9 of Assembly Bill No. 487 of the 54th session of the Nevada legislature is hereby amended to read as follows:
Section 9. The provisions of this chapter apply to all public and private medical laboratories except:
1. A laboratory of any college, university or school which is conducted for the training of its students, actively engaged in research and approved by the state department of education.
2. Laboratories operated by the Federal Government.
3. Laboratories operated by the state department of agriculture.
4. Laboratories operated by licensed physicians solely in connection with the diagnosis or treatment of their own patients.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1967.
________
Assembly Bill No. 417Committee on Elections
CHAPTER 449
AN ACT to amend NRS 293.133 and 293.145, relating to delegates to county and state political conventions, by changing the method of determining the number of delegates to each convention to be chosen by the precincts.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.133 is hereby amended to read as follows:
293.133 1. The number of delegates from each voting precinct in each county to the county convention of any political party for such county shall be in proportion to the number of [votes cast within such precinct for the partys candidate for Representative in Congress at the then next preceding November election] registered voters of that party residing in such precinct as follows:
κ1967 Statutes of Nevada, Page 1207 (CHAPTER 449, AB 417)κ
precinct for the partys candidate for Representative in Congress at the then next preceding November election] registered voters of that party residing in such precinct as follows:
Counties [casting under 400 votes.] with fewer than 400 registered voters. In the counties in which the total [vote cast at such preceding November election for such partys candidate for Representative in Congress] number of registered voters of that party has not exceeded 400, each precinct shall have one delegate for each five [votes, or major fraction thereof, so cast within such precinct.] such registered voters.
Counties [casting 400-600 votes.] with 400-600 registered voters. In counties in which such total [vote so cast] number of registered voters of that party has exceeded 400 but has not exceeded 600, each precinct shall have one delegate for each eight [votes, or a major fraction thereof, so cast within such precinct.] such registered voters.
Counties [casting 600-800 votes.] with 600-800 registered voters. In counties in which such total [vote so cast] number of registered voters of that party has exceeded 600 but has not exceeded 800, each precinct shall have one delegate for each 10 [votes, or major fraction thereof, so cast within such precincts.] such registered voters.
Counties [casting 800-1,400 votes.] with 800-1,400 registered voters. In counties in which such total [vote so cast] number of registered voters of that party has exceeded 800 but has not exceeded 1,400, each precinct shall have one delegate for each 15 [votes, or major fraction thereof, so cast within such precinct.] such registered voters.
Counties [casting 1,400-2,000 votes.] with 1,400-2,000 registered voters. In counties in which such total [vote so cast] number of registered voters of that party has exceeded 1,400 but has not exceeded 2,000, each precinct [therein] shall have one delegate for each 20 [votes, or major fraction thereof, so cast within such precinct.] such registered voters.
Counties [casting 2,000-3,000 votes.] with 2,000-3,000 registered voters. In counties in which such total [vote so cast] number of registered voters of that party has exceeded 2,000 but has not exceeded 3,000, each precinct [therein] shall have one delegate for each 30 [votes, or major fraction thereof, so cast within such precinct.] such registered voters.
Counties [casting 3,000-4,000 votes.] with 3,000-4,000 registered voters. In counties in which such total [vote so cast] number of registered voters of that party has exceeded 3,000 but has not exceeded 4,000, each precinct [therein] shall have one delegate for each 35 [votes, or major fraction thereof, so cast within such precinct.] such registered voters.
Counties [casting over 4,000 votes.] with more than 4,000 registered voters. In counties in which such total [vote so cast] number of registered voters of that party has exceeded 4,000, each precinct [therein] shall have one delegate for each 50 [votes, or major fraction thereof, so cast within such precinct.] such registered voters.
2. The county clerk shall determine the number of registered voters of each party in each precinct as of the 1st Monday in January of each even-numbered year, and shall notify the county central committee of each political party of such numbers within 30 days after such determinative date.
κ1967 Statutes of Nevada, Page 1208 (CHAPTER 449, AB 417)κ
each political party of such numbers within 30 days after such determinative date.
3. In all counties every precinct shall be entitled to at least one delegate to each county convention.
Sec. 2. NRS 293.145 is hereby amended to read as follows:
293.145 The number of delegates to the state convention of each party which shall be chosen at each county convention of such party shall be one delegate for each [100 votes and major fraction thereof cast in the county for the partys candidate for Representative in Congress at the then preceding November election;] 150 registered voters of that party, or major fraction of such number, residing in such county; but each county shall be entitled to at least one delegate.
Sec. 3. NRS 293.147 is hereby repealed.
________
Senate Bill No. 463Senator Pozzi
CHAPTER 450
AN ACT relating to the taxation of real property; to authorize a person who acquires a legal or beneficial interest in a parcel of real property to pay the taxes on the smaller parcel only, and have it assessed separately in the future.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever a person has acquired a legal or beneficial interest in a parcel of real property, which is a part of a larger parcel upon which there are assessed or delinquent taxes, and such person offers to tender to the county treasurer, in the county where the real property is assessed, his prorated share of the tax on the larger parcel, covering the parcel in which he has acquired an interest, then the county treasurer shall make a report of such offer to the board of county commissioners of such county.
2. The board of county commissioners shall then examine the report of the county treasurer, and request a report from the county assessor as to the relative values of each parcel together with such other evidence as may be presented in connection therewith. If, after reviewing such report and evidence, the board of county commissioners is satisfied that the person offering to tender payment of the taxes due has a legal or beneficial interest in the smaller parcel only, it shall:
(a) Determine what proportion of the assessment and tax on the entire parcel affected shall be attributed to the smaller parcel.
(b) Enter an order in the minutes of the board, directing:
(1) Each officer who has custody of the tax or assessment roll for the year for which the offer to tender has been made and for each subsequent year to divide and prorate the assessment and tax accordingly.
κ1967 Statutes of Nevada, Page 1209 (CHAPTER 450, SB 463)κ
(2) The county treasurer to accept the prorated tax when tendered and apply it to the proper parcel.
(3) The county assessor to assess each parcel separately thereafter.
(c) Direct the clerk of the board to mail a copy of such order to the person offering to tender payment.
3. If the board of county commissioners issues the orders pursuant to subsection 2, the county treasurer shall issue a receipt to the person when he tenders payment of taxes, which receipt shall be conclusive evidence for the payment of all taxes assessed against the particular parcel for which the payment of tax is tendered, and shall be a complete defense to any action for taxes due on such parcel which may be brought for the period covered by the receipt.
4. Each county assessor receiving a request for a report as provided for in subsection 2, shall submit such report to the board of county commissioners within 30 days.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 467Senators Young and Swobe
CHAPTER 451
AN ACT relating to civil actions; to provide for the waiver of costs and official fees for indigent litigants; 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. Chapter 11 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person who desires to prosecute or defend a civil action may file an affidavit with the court setting forth with particularity facts concerning his income, property and other resources which establish that he is unable to prosecute or defend such action because he is unable to pay the costs of so doing. The affidavit must be supported by the certificate of an attorney that such person has a meritorious cause of action or defense. If the judge is satisfied that such person is unable to pay such costs, he shall order:
(a) The clerk of the court:
(1) To allow such person to commence or defend such action without costs; and
(2) To file or issue any necessary writ, process, pleading or paper without charge.
(b) The sheriff or other appropriate public officer within this state to make personal service of any necessary writ, process, pleading or paper without charge.
2. If such person prevails in the action, the court shall enter its order requiring the losing party to pay into court within 5 days the costs which would have been incurred by the prevailing party, and such costs shall then be paid as provided by law.
κ1967 Statutes of Nevada, Page 1210 (CHAPTER 451, SB 467)κ
would have been incurred by the prevailing party, and such costs shall then be paid as provided by law.
3. Where the affidavit establishes that the person is unable to defend an action, the running of the time within which to appear and answer or otherwise defend is tolled during the period between the filing of the affidavit and the ruling of the court thereon.
4. The order of the court to which application is made under this section is not appealable.
Sec. 2. Chapter 64 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The provisions of section 1 of this act apply to justices courts.
________
Senate Bill No. 438Committee on Judiciary
CHAPTER 452
AN ACT relating to violations of traffic laws; to provide for the issuance and disposition of written traffic citations; providing penalties; 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. Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. 1. Any peace officer may, without a warrant, arrest a person if he has reasonable cause for believing that such person has committed any of the following offenses:
(a) Homicide by vehicle;
(b) Driving, or being in actual physical control of, a vehicle while under the influence of intoxicating liquor;
(c) Driving a vehicle while under the influence of any narcotic drug, or driving a vehicle while under the influence of any other drug to a degree which renders the person incapable of safely driving a vehicle;
(d) Failure to stop, or failure to give information, or failure to render reasonable assistance, in the event of an accident resulting in death or personal injuries, as prescribed in NRS 484.010;
(e) Failure to stop, or failure to give information, in the event of an accident resulting in damage to a vehicle or to other property legally upon or adjacent to a highway, as prescribed in NRS 484.020 and 484.025; or
(f) Reckless driving.
2. Whenever any person is arrested as authorized in this section he shall be taken without unnecessary delay before the proper magistrate as specified in section 8 of this act, except that in the case of either of the offenses designated in paragraphs (e) and (f) a peace officer shall have the same discretion as is provided in other cases in section 4 of this act.
κ1967 Statutes of Nevada, Page 1211 (CHAPTER 452, SB 438)κ
Sec. 3. Whenever any person is halted by a peace officer for any violation of this chapter not amounting to a gross misdemeanor or felony, he shall be taken without unnecessary delay before the proper magistrate, as specified in section 8 of this act, in either of the following cases:
1. When the person demands an immediate appearance before a magistrate; or
2. In any other event when the person is issued a traffic citation by an authorized person and refuses to give his written promise to appear in court as provided in section 6 of this act.
Sec. 4. Whenever any person is halted by a peace officer for any violation of this chapter and is not required to be taken before a magistrate, the person shall, in the discretion of the peace officer, either be given a traffic citation, or be taken without unnecessary delay before the proper magistrate. He shall be taken before the magistrate in any of the following cases:
1. When the person does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court;
2. When the person is charged with a violation of NRS 484.510, relating to the refusal of a driver of a vehicle to submit such vehicle to an inspection and test;
3. When the person is charged with a violation of NRS 484.580, relating to the failure or refusal of a driver of a vehicle to submit the vehicle and load to a weighing or to remove excess weight therefrom; or
4. When the person is charged with a violation of NRS 484.040 or 484.050, relating to driving under the influence of intoxicating liquor or drugs.
Sec. 5. 1. All of the provisions of this chapter apply both to residents and nonresidents of this state, except the special provisions in this section, which shall govern in respect to nonresidents.
2. A peace officer at the scene of a traffic accident may arrest without a warrant any driver of a vehicle who is a nonresident of this state and who is involved in the accident when, based upon personal investigation, the peace officer has reasonable cause for believing that the person has committed any offense under the provisions of this chapter in connection with the accident, and if the peace officer has reasonable cause for believing that the person will disregard a written promise to appear in court.
3. Whenever any person is arrested under the provisions of this section, he shall be taken without unnecessary delay before the proper magistrate, as specified in section 8 of this act.
Sec. 6. 1. Whenever a person is halted by a peace officer for any violation of this chapter punishable as a misdemeanor and is not taken before a magistrate as required or permitted by sections 3 and 4 of this act, the peace officer may prepare in quadruplicate a written traffic citation in the form of a complaint issuing in the name of The State of Nevada, containing a notice to appear in court, the name and address of the person, the state registration number of his vehicle, if any, the offense charged, including a brief description of the offense and the NRS citation, the time and place when and where the person shall appear in court, and such other pertinent information as may be necessary. The citation shall be signed by the peace officer.
κ1967 Statutes of Nevada, Page 1212 (CHAPTER 452, SB 438)κ
2. The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.
3. The place specified in the notice to appear must be before a magistrate, as designated in section 8 of this act.
4. The person charged with the violation may give his written promise to appear in court by signing at least one copy of the written traffic citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. A copy of the citation signed by the person charged shall suffice as proof of service.
Sec. 7. Except for felonies and those offenses set forth in paragraphs (a) to (d), inclusive, of subsection 1 of section 4 of this act, a peace officer at the scene of a traffic accident may issue a written traffic citation, as provided in section 6 of this act, to any driver of a vehicle involved in the accident when, based upon personal investigation, the peace officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of this chapter in connection with the accident.
Sec. 8. 1. Whenever any person is taken before a magistrate or is given a written traffic citation containing a notice to appear before a magistrate as provided for in section 6 of this act, the magistrate shall be a justice of the peace or police judge who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the alleged violation occurred, except that when the offense is alleged to have been committed within an incorporated municipality wherein there is an established court having jurisdiction of the offense, the person shall be taken without unnecessary delay before that court.
2. For the purpose of this section, the terms magistrate and court include magistrates and courts having jurisdiction of offenses under the law of this state as committing magistrates and courts and those having jurisdiction of the trials of such offenses.
Sec. 9. Whenever any person is taken into custody by a peace officer for the purpose of taking him before a magistrate or court as authorized or required in this chapter upon any charge other than a felony or the offenses enumerated in paragraphs (a) to (d), inclusive, of subsection 1 of section 4 of this act, and no magistrate is available at the time of arrest, and there is no bail schedule established by any such magistrate or court and no lawfully designated court clerk or other public officer who is available and authorized to accept bail upon behalf of the magistrate or court, such person shall be released from custody upon the issuance to him of a written traffic citation and his signing a promise to appear, as provided in section 6 of this act.
Sec. 10. 1. It is unlawful for any person to violate his written promise to appear given to a peace officer upon the issuance of a traffic citation regardless of the disposition of the charge for which such citation was originally issued.
2. A written promise to appear in court may be complied with by an appearance by counsel.
κ1967 Statutes of Nevada, Page 1213 (CHAPTER 452, SB 438)κ
Sec. 11. Sections 2 to 10, inclusive, of this act govern all peace officers in making arrests without a warrant for violations of any provision of this chapter, but the procedure prescribed herein is not otherwise exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade.
Sec. 12. 1. Every traffic enforcement agency in this state shall provide in appropriate form traffic citations containing notices to appear which shall be issued in books with citations in quadruplicate and meeting the requirements of this chapter.
2. The chief administrative officer of every such traffic enforcement agency shall be responsible for the issuance of such books and shall maintain a record of every such book and each citation contained therein issued to individual members of the traffic enforcement agency and shall require and retain a receipt for every book so issued.
Sec. 13. 1. Every peace officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any city or town shall deposit the original or a copy of such traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau.
2. Upon the deposit of the original or a copy of such traffic citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau, such original or copy of such traffic citation may be disposed of only by trial in such court or other official action by a judge of such court, including forfeiture of the bail, or by the deposit of sufficient bail with or payment of a fine to such traffic violations bureau by the person to whom such traffic citation has been issued by the peace officer.
3. It is unlawful and official misconduct for any peace officer or other officer or public employee to dispose of a traffic citation or copies thereof or of the record of the issuance of a traffic citation in a manner other than as required in this section.
4. The chief administrative officer of every traffic enforcement agency shall require the return to him of a copy of every traffic citation issued by an officer under his supervision to an alleged violator of any traffic law or ordinance and of all copies of every traffic citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator.
5. Such chief administrative officer shall also maintain or cause to be maintained in connection with every traffic citation issued by an officer under his supervision a record of the disposition of the charge by the court or its traffic violations bureau in which the original or copy of the traffic citation was deposited.
Sec. 14. Every record of traffic citations required in this chapter shall be audited at least semiannually by the appropriate fiscal officer of the governmental agency to which the traffic enforcement agency is responsible.
Sec. 15. If the form of citation includes information and is sworn to as required under the general laws of this state in respect to a complaint charging commission of the offense alleged in the citation to have been committed, then such citation when filed with a court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution under this chapter.
κ1967 Statutes of Nevada, Page 1214 (CHAPTER 452, SB 438)κ
shall be deemed to be a lawful complaint for the purpose of prosecution under this chapter.
Sec. 16. NRS 185.030 is hereby amended to read as follows:
185.030 1. [When] Except as provided in subsection 3, when a complaint is laid before a justice of the peace, or a judge of any inferior tribunal having jurisdiction of criminal offenses, that an offense has been committed, of which a justices court or other inferior tribunal has jurisdiction, the justice or judge to whom the complaint is made shall cause the person making the complaint, or someone else, to file with him a statement in writing, sworn to before him, or some other officer authorized by law to administer oaths, setting forth the offense charged, with such particulars as to time, place, person and property as to enable the person charged to understand the character of the offense complained of and to answer the complaint or charge.
2. The statement may be similar in form to the provisions in respect to an indictment.
3. A written traffic citation prepared in accordance with chapter 484 of NRS is sufficient as a complaint for any violation of chapter 484 of NRS which constitutes a misdemeanor.
Sec. 17. This act shall become effective upon passage and approval.
________
Senate Bill No. 378Senator Dodge
CHAPTER 453
AN ACT relating to irrigation districts; to redefine the ownership rights required to vote in district elections; to provide a new election procedure for incurring obligations; 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 539.123 is hereby amended to read as follows:
539.123 1. Any person, male or female, of the age of 21 years or over, whether a resident of the district or not, who is or has declared his intention to become a citizen of the United States [and who is a bona fide holder of title or evidence of title, as defined in NRS 539.020 and 539.023, to at least 5 acres of land situated in the district, shall be entitled to one vote at any election held under the provisions of this chapter, and shall be held to be referred to whenever the words elector or electors are used herein.] is an elector for the purposes of this chapter and is entitled to one vote at any election held under the provisions of this chapter, except an election governed by section 3 of this act, if the following conditions as to ownership of land are met:
(a) The elector shall be the bona fide holder of title or evidence of title, as defined in NRS 539.020 and 539.023, to land within the district or have a contract right to acquire title to land within the district upon payment of a fixed sum to the record titleholder.
(b) The acreage of such land must be 5 acres or more. The holder of an undivided interest in land is an elector only if the product of the fraction representing his interest multiplied by the number of acres subject to his interest equals 5 or more, but if an elector qualifies with respect to 10 acres or more and his interest is community property, his spouse is an elector whether or not such spouse appears of record as the owner of an interest in such acreage.
κ1967 Statutes of Nevada, Page 1215 (CHAPTER 453, SB 378)κ
an undivided interest in land is an elector only if the product of the fraction representing his interest multiplied by the number of acres subject to his interest equals 5 or more, but if an elector qualifies with respect to 10 acres or more and his interest is community property, his spouse is an elector whether or not such spouse appears of record as the owner of an interest in such acreage. If two or more persons hold undivided or community interests in 5 acres or more, and none of them otherwise qualifies as an elector under this subsection, one such person may vote upon presenting the written consent of his fellow holders.
(c) A surface water right must be appurtenant to the acreage.
2. Any elector residing outside of the district owning at least 5 acres of land in the district, and qualified to vote at district elections, shall be considered as a resident of that division and precinct of the district in which the major portion of his lands are located, for the purpose of determining his place of voting and qualifications for holding office.
3. Any elector residing within the district boundaries shall be deemed a resident of the division in which he actually resides, for the purpose of determining his qualification for voting and holding office.
4. A guardian, executor or administrator shall be considered as the holder of title or evidence of title, as prescribed in NRS 539.020 and 539.023, to the land in the state for which he is such guardian, executor or administrator, and shall have the right to sign petitions, vote and do all things that any elector may or can do under this chapter.
5. Corporations holding land in the district shall be considered as persons entitled to exercise all the rights of natural persons, and the president of the corporation, or other person duly authorized by the president of the corporation, or other person duly authorized by the president or vice president, in writing, may sign any petition authorized by this chapter, and register and cast the vote of the corporation at any election.
Sec. 2. NRS 539.127 is hereby amended to read as follows:
539.127 1. No election for any purpose except for organization shall be held in any irrigation district without registration. [, and only electors duly registered shall be entitled to vote thereat.]
2. If an elector [has voted at the last preceding district election, whether special or general, and is still] is currently registered on or registers after July 1, 1967, and remains eligible, he shall not be required to reregister in order to vote at [the next] any succeeding election, but before he shall be permitted to vote at such election, if he shall not have reregistered therefor, he shall be required to take and subscribe the registration oath before the board of election, on a form provided by the district, as evidence of his continued eligibility.
Sec. 3. NRS 539.553 is hereby amended to read as follows:
539.553 [The election must be held and the result thereof determined and declared in all respects as nearly as practicable in conformity with the provisions of this chapter governing the election of officers. No informalities in conducting such an election shall invalidate the same if it shall have been otherwise fairly conducted.] In any election to approve any proposal which would subject the lands in any district to the repayment of an obligation to be incurred for capital purposes, the following procedure shall be followed:
κ1967 Statutes of Nevada, Page 1216 (CHAPTER 453, SB 378)κ
1. The secretary of the district shall prepare from the assessment book a list of all electors qualified by an interest in real property having an appurtenant surface water right, showing the number of acres listed to each such elector. For the purposes of this section, the number of acres listed to an elector who holds an undivided interest in land shall be the product of the fraction representing his interest multiplied by the number of acres subject to his interest.
2. At the time and place appointed for the election, such list shall be open for inspection. An inspector of election shall mark indelibly upon the ballot issued to each elector the number of acres listed to such elector. lf both spouses vote with respect to acreage in which their interest is community property, the number of acres listed shall be divided equally between them. If one holder of an undivided interest votes with the consent of his fellow holders of an acreage of 5 acres or more with respect to which there is no otherwise qualified elector, the entire acreage shall be attributed to him.
3. At the end of the time appointed for voting the secretary of the district shall determine the total number of electors approving the proposal and shall declare it passed if:
(a) The proposal is approved by a majority of the electors voting; and
(b) The proposal is approved by electors holding property representing a majority of the number of acres listed to electors voting in the election.
4. If the proposal is not so approved, the proposal is rejected and such result shall be entered of record.
5. No informalities in conducting the election shall invalidate the result if the election is fairly conducted and the result can be clearly ascertained.
6. For the purposes of this section, eligibility to vote and the number of acres listed to each elector shall be determined from the current assessment book without giving effect to any acquisition of an interest in land since its compilation.
Sec. 4. NRS 539.437 is hereby amended to read as follows:
539.437 The election shall in all other respects, including the qualification to vote, be conducted in the manner prescribed in this chapter for the holding of elections [within the district insofar as the same may be applicable.] to approve proposals to subject lands in a district to the repayment for obligations for capital purposes, insofar as such provisions are applicable.
Sec. 5. NRS 539.445 is hereby amended to read as follows:
539.445 If [two-thirds of] the qualified electors voting at the special election vote in favor of such proposed local improvement and the incurring of the indebtedness therefor, and the proceedings are confirmed by the court as prescribed in NRS 539.443, the board of directors shall be authorized to carry out such proposed improvement.
Sec. 6. NRS 539.555 is hereby repealed.
Sec. 7. This act does not apply to any proposal to issue bonds or incur other obligations for which an election was held prior to July 1, 1967, whether or not such bonds are issued or such obligation is incurred prior to that date.
________
κ1967 Statutes of Nevada, Page 1217κ
Senate Bill No. 145Senators Gibson, Bunker, Fransway, Christensen, Pozzi, Bailey, Herr, Hug, Farr, Fisher, Dodge, Hecht, Slattery, Monroe, Young, Alleman, Swobe, Lamb, Brown and Titlow
CHAPTER 454
AN ACT relating to retirement allowances for assemblymen and senators; creating the legislators retirement system and the legislators retirement fund in the state treasury; providing for administration of the system, contributions, benefits and the investment of funds; making appropriations from the legislative fund; 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. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 26, inclusive, of this act.
Sec. 2. Sections 2 to 26, inclusive, of this act shall be known and may be cited as the Legislators Retirement Law.
Sec. 3. As used in sections 2 to 26, inclusive, of this act:
1. Board means the public employees retirement board.
2. Legislator means a senator or assemblyman elected or appointed to the legislature of the State of Nevada.
3. Retirement allowance means payment for life derived from contributions of legislators and the State of Nevada.
Sec. 4. A system of retirement for all benefits at retirement or death for legislators is hereby established and shall be known as the legislators retirement system.
Sec. 5. The legislators retirement system shall be administered by the board, which may make all necessary rules for the administration of the system.
Sec. 6. 1. The legislators retirement fund is hereby created in the state treasury.
2. All moneys paid as individual and employer contributions, all moneys appropriated by the legislature to such fund and all income accruing to such fund from all other sources shall be deposited in the legislators retirement fund.
3. All retirement allowances, benefits, optional settlements, refunds and other obligations or payments payable by the legislators retirement system pursuant to sections 2 to 26, inclusive, of this act shall be paid from the legislators retirement fund.
Sec. 7. 1. Within 60 days after the effective date of this act the board shall transfer to the legislators retirement fund:
(a) All moneys held in the public employees retirement fund on behalf of legislators then serving in such capacity when such moneys have been contributed for legislative service; and
(b) A corresponding amount of all retirement contributions made by the State of Nevada on behalf of such legislators for legislative service.
2. The service represented by such transfer shall not, after the date of such transfer, be accreditable toward retirement under the public employees retirement system but shall be accreditable under the legislators retirement system.
Sec. 8. The board has the exclusive control of the administration and investment of the legislators retirement fund, with the same powers and duties and subject to the same limitations and restrictions that are applicable to the administration and investment of the public employees retirement fund.
κ1967 Statutes of Nevada, Page 1218 (CHAPTER 454, SB 145)κ
investment of the legislators retirement fund, with the same powers and duties and subject to the same limitations and restrictions that are applicable to the administration and investment of the public employees retirement fund.
Sec. 9. 1. With the approval of the fiscal analyst, the board shall cause to be created such records and accounts as may be necessary to show:
(a) The total accumulated contributions of each member;
(b) The amount held in the legislators retirement fund;
(c) Income to the fund from each source of income;
(d) Interest earned by the fund;
(e) Disbursements from the fund; and
(f) Such other information as may be deemed necessary by the board and the fiscal analyst to the operation of the legislators retirement system.
2. Assignment of interest earnings shall be made in the manner agreed upon by the board and the fiscal analyst.
Sec. 10. 1. Within a reasonable time after the effective date of this act the board shall notify all incumbent legislators in writing concerning credit for service, other than legislative service, covered under the public employees retirement system. Unless the legislator requests in writing within 30 days after receipt of such written notice that his service, other than legislative service, be continued under the public employees retirement system, the board shall transfer from the public employees retirement fund all sums contributed by the legislator through service, other than legislative service, together with the sums contributed by his employer for such service. The service so transferred shall be accredited under the legislators retirement system as if performed in a legislative capacity.
2. Except for the transfer of service from the public employees retirement system to the legislators retirement system, as provided in this section, service after the effective date of this act as a legislator cannot be accredited under the public employees retirement system and service in capacities covered by the public employees retirement system cannot be accredited under the legislators retirement system.
3. Nothing in sections 2 to 26, inclusive, of this act or in any other law shall be construed to prevent or prohibit coverage of an individual under both the public employees retirement system and the legislators retirement system when service is compatible with the provisions of each system.
4. Legislators receiving retirement allowances from the public employees retirement system on the effective date of this act are not eligible for transfer to the legislators retirement system.
5. Persons accepting or receiving the benefits of retirement compensation under this chapter may:
(a) Be employed as members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is noncompensable except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission shall not be regarded as compensation, provided such fees do not normally exceed a total of $300 in a calendar year.
κ1967 Statutes of Nevada, Page 1219 (CHAPTER 454, SB 145)κ
(b) Return to employment for the State of Nevada or a political subdivision thereof during any 1 calendar year without forfeiture of retirement benefits until they have earned a gross amount of $2,400, at which time the benefits of retirement compensation shall be suspended and shall remain suspended for any month during which such person is employed for any period of time by the State of Nevada or its political subdivisions.
6. Within 10 days after return to employment such person shall notify the board of the fact of his employment. Failure to notify shall result in the forfeiture of retirement benefits for the period of employment.
7. A person is not considered to have returned to employment in any calendar year unless he has been absent from employment by the State of Nevada or a political subdivision thereof for not less than 1 calendar month immediately preceding his return.
Sec. 11. A member of the public employees retirement system with service as a legislator prior to January 1, 1967, may continue such service under the public employees retirement system with benefits to be calculated in the manner prescribed by NRS 286.470. Such service, when accredited under the public employees retirement system, will not be accreditable under the legislators retirement system.
Sec. 12. 1. Each legislator shall be a member of the legislators retirement system and shall make contributions to the legislators retirement fund in the amounts and manner provided in sections 2 to 26, inclusive, of this act.
2. Within 5 days after the commencement of each regular or special session of the legislature each legislator shall file with the board, upon a form provided by the board, the designation of a beneficiary who shall receive the contributions of the legislator in case of death prior to retirement or termination of services as a legislator and subsequent withdrawal of contributions. If no such beneficiary is designated payment shall be made to the estate of the deceased legislator. Payment may be made directly to the designated beneficiary without probate or administration of the estate of the deceased legislator.
3. A beneficiary may be changed at any time by written notice given by a legislator to the board on a form prescribed by the board.
Sec. 13. 1. Service credit for retirement under the legislators retirement system shall begin on the first day of the year following the date of election to the office of legislator and shall terminate on the first day of the year following the election of a successor. A person appointed for an unexpired term shall begin service on the date of his appointment.
2. Service credit shall terminate on the date of death of a legislator or on the date of a legislators resignation or removal from office.
Sec. 14. A legislator who rendered service as a legislator prior to the effective date of this act may receive credit for such service, if otherwise eligible, through transfer of payments for such service from the public employees retirement system or by payment to the legislators retirement fund of the amounts which would have been paid had the legislators retirement system been in operation at the time of such service. A similar payment shall be made by the director of the legislative counsel bureau from the legislative fund as the employers share.
Sec. 15. Upon termination of services as a legislator the member may apply to the board for a refund of personal contributions made to the legislators retirement fund and the board shall refund such personal contributions without interest.
κ1967 Statutes of Nevada, Page 1220 (CHAPTER 454, SB 145)κ
the legislators retirement fund and the board shall refund such personal contributions without interest. The service represented by such refund shall be canceled.
Sec. 16. 1. Whenever a member who has previously withdrawn his contributions returns to service as a legislator he may repay such withdrawn contributions within 6 months after return to service together with an interest charge of 5 percent from the date of withdrawal to the date of repayment and the service represented by such withdrawal shall be restored.
2. If the total amount due is not repaid within the 6-month period service credit shall be granted in the proportion that the amount paid bears to the total withdrawn.
Sec. 17. The right of a person to a pension, an annuity, a retirement allowance, the return of contributions, the pension, annuity or retirement allowance itself, any optional benefit or death benefit or any other right accrued or accruing to any person under the provisions of sections 2 to 26, inclusive, of this act, and the money in the legislators retirement fund, shall:
1. Be exempt from all state, county and municipal taxes.
2. Not be subject to execution, garnishment, attachment or any other process.
3. Not be subject to the operation of any bankruptcy or insolvency law.
4. Not be assignable.
Sec. 18. After the effective date of this act the director of the legislative counsel bureau shall:
1. Deduct from the compensation of each legislator an amount equal to 10 percent of the gross compensation earned as a legislator and transmit such amount to the board together with the necessary forms prescribed by the board at intervals designated by the board; and
2. Pay to the board from the legislative fund an equal amount as the contribution of the State of Nevada as employer.
Sec. 19. The minimum requirement for retirement is 8 years of accredited service at the age of 60 years. A lapse of 8 years in service as a legislator shall operate to forfeit all retirement rights accrued prior to such lapse, but a legislator with 12 or more years of accredited service may receive an allowance at age 60 years regardless of any lapse after accrual of 12 years of accredited service.
Sec. 20. 1. If otherwise eligible, a legislator may enter into retirement and receive a retirement allowance upon termination of service.
2. An application for retirement shall be made to the board upon a form prescribed by the board. The legislator shall submit to the board such proof of age and service as may be required by the board.
3. The effective date of retirement shall be the first day of the month following termination of service or the first day of the month in which the application is filed, whichever is later.
Sec. 21. A legislator entering into retirement shall receive the following monthly retirement allowance based upon years of accredited service at the time of retirement, with fractions of years to be prorated:
κ1967 Statutes of Nevada, Page 1221 (CHAPTER 454, SB 145)κ
Service of 8 years................................................................................... $160
Service of 9 years................................................................................... 180
Service of 10 years................................................................................ 200
Service of 11 years................................................................................ 220
Service of 12 years................................................................................ 240
Service of 13 years................................................................................ 260
Service of 14 years................................................................................ 280
Service of 15 years................................................................................ 300
Service of 16 years................................................................................ 320
Service of 17 years................................................................................ 340
Service of 18 years................................................................................ 360
Service of 19 years................................................................................ 380
Service of 20 years................................................................................ 400
Service of 21 years................................................................................ 420
Service of 22 years................................................................................ 440
Service of 23 years................................................................................ 460
Service of 24 years................................................................................ 480
Service of 25 years or more................................................................. 500
Sec. 22. 1. At the time of retirement a legislator may, at his election, choose to receive:
(a) Seventy-five percent of the retirement allowance to which he is entitled with the provision that, upon his death, 50 percent of such allowance shall be continued for the lifetime of a designated beneficiary, who must be his spouse; or
(b) Fifty percent of the retirement allowance to which he is entitled with the provision that, upon his death, the same allowance shall be continued for the lifetime of a designated beneficiary, who must be his spouse.
2. If the designated beneficiary should predecease the legislator the full allowance may then be paid to the retired legislator.
Sec. 23. 1. The provisions of NRS 286.671 to 286.6792, inclusive, relating to survivor benefits under the public employees retirement system, are applicable to a legislators dependents, and such survivor benefits shall be paid by the board following the death of a legislator to the persons entitled thereto from the public employees retirement fund as if such deceased legislator were a member of the public employees retirement system.
2. It is declared that of the contributions required by subsections 1 and 2 of section 18 one-half of 1 percent shall be regarded as costs incurred in survivor benefits.
Sec. 24. A person receiving a retirement allowance under sections 2 to 26, inclusive, of this act who is elected or appointed to the legislature shall not receive a retirement allowance during the period of time in which he serves as a legislator. Upon reentry into retirement he may receive a retirement allowance based upon his previous service and his added service.
Sec. 25. 1. All claims upon or payments from the legislators retirement fund shall be passed upon by the state board of examiners in the same manner as other claims against the state, and when the claims have been approved by the state board of examiners the state controller shall draw his warrant for the amount of such claim or claims.
κ1967 Statutes of Nevada, Page 1222 (CHAPTER 454, SB 145)κ
been approved by the state board of examiners the state controller shall draw his warrant for the amount of such claim or claims.
2. Warrants of the state controller may be returned to the board for distribution.
Sec. 26. At the commencement of each regular session of the legislature the board shall submit a report of income and disbursements from the legislators retirement fund for the preceding biennium to the director of the legislative counsel bureau, who shall deliver a copy of the report to each legislator. The report shall estimate the amount of an appropriation, if any, required for the payment of benefits in the succeeding biennium.
Sec. 27. NRS 286.470 is hereby amended to read as follows:
286.470 1. Notwithstanding the provisions of NRS 286.320, service [in the capacity of a member of the legislature,] as a commissioner of a county participating in the system, or as a councilman of an incorporated city participating in the system, shall be service to be credited for retirement under this chapter and service credit shall be granted for the entire tenure of office, provided:
(a) That the average monthly salary of a member applying for retirement, including, as any part of his total service, service in the foregoing capacities, shall be calculated upon the basis of all sums earned in covered employment throughout the total service of the individual. [, and the monthly salary of a member of the legislature shall be the amount which would have been received had his total legislative salary been paid in equal monthly installments throughout his tenure in office.] When service in any of the foregoing capacities shall be in excess of [5] 3 consecutive years, the salary for the entire service in such capacity shall be deemed to be the average salary received in the [5] 3 highest salaried consecutive years.
(b) That service in any of the foregoing capacities, prior to July 1, 1955, cannot be credited for retirement until the individual member and the public employer have paid to the public employees retirement fund and the public employees retirement administrative fund such sums as would have been paid by the individual and the public employer on behalf of the individual, had membership in the system been granted since July 1, 1948, or such date as the county or incorporated city may have entered the system.
2. Current contributions shall be paid from and after July 1, 1955, by persons in the foregoing capacities in a manner to be prescribed by the board. [Contributions shall be paid by a participating member of the legislature upon the entire sum received as salary for legislative services.]
3. Members of the system who have served in the foregoing capacities and who have reached retirement age may waive service in such capacities, at their election, at the time of retirement and elect to have their allowances computed in the same manner as those of other members of the system and under the same provisions as are applicable to other members of the system.
4. The provisions of this chapter and the rules and regulations of the board, when not contradictory to the provisions of this section, shall apply equally to persons in the foregoing capacities.
Sec. 28. NRS 286.520 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1223 (CHAPTER 454, SB 145)κ
286.520 1. Any person accepting or receiving the benefits of retirement compensation under this chapter shall not be employed in any capacity by the State of Nevada, by a political subdivision of the State of Nevada, or any department, branch or agency thereof, except as provided in subsection 2. Any person accepting or enjoying the benefits of retirement compensation under this chapter who accepts employment or receives any other compensation from the State of Nevada, from a political subdivision of the State of Nevada, or any department, branch or agency thereof for services rendered, except as provided in subsection 2, shall forfeit all the benefits of this chapter so long as he shall retain such employment or receive such compensation. The proper officer shall forthwith strike such persons name from the retirement compensation roll and refuse to honor any requisitions for retirement compensation made by such person.
2. Persons accepting or receiving the benefits of retirement compensation under this chapter may:
(a) [Be] Serve as legislators in this state or be employed as members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is noncompensable except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission shall not be regarded as compensation, provided such fees do not normally exceed a total of $300 in a calendar year.
(b) Return to employment for the State of Nevada or a political subdivision thereof during any 1 calendar year without forfeiture of retirement benefits until they have earned a gross amount of $1,800, at which time the benefits of retirement compensation shall be suspended and shall remain suspended for any month during which such person is employed for any period of time by the State of Nevada or its political subdivisions.
3. Within 10 days after return to employment such person shall notify the board of the fact of his employment. Failure to notify shall result in the forfeiture of retirement benefits for the period of employment.
4. A person is not considered to have returned to employment in any calendar year unless he has been absent from employment by the State of Nevada or a political subdivision thereof for not less than 1 calendar month immediately preceding his return.
5. Notwithstanding any other provisions of this section or chapter any retired person who is elected or appointed as a county commissioner, city councilman or legislator may elect to waive any retirement rights accruing by such service and may thereafter receive his retirement allowance during the entire period of service in such designated offices.
Sec. 29. NRS 218.085 is hereby amended to read as follows:
218.085 1. The legislative fund is hereby created as a continuing fund in the state treasury for the use of the legislature.
2. Support for the legislative fund shall be provided by legislative appropriation from the general fund.
3. Except as provided in subsection 4, expenditures from the legislative fund shall be made only for the purpose of carrying out the provisions of sections 14 and 18 of this act, NRS 218.090 to 218.230, inclusive, 218.235, 218.237, 218.280 to 218.520, inclusive, and section 33 of article 4 of the constitution of the State of Nevada, for reimbursement of the superintendent of state printing for the printing of legislators official stationery, cards and other material appropriate to their official duties, as may be authorized by the committee on legislative functions of each house, for the purchase of necessary supplies and equipment, and for the payment of routine operating expenses.
κ1967 Statutes of Nevada, Page 1224 (CHAPTER 454, SB 145)κ
of sections 14 and 18 of this act, NRS 218.090 to 218.230, inclusive, 218.235, 218.237, 218.280 to 218.520, inclusive, and section 33 of article 4 of the constitution of the State of Nevada, for reimbursement of the superintendent of state printing for the printing of legislators official stationery, cards and other material appropriate to their official duties, as may be authorized by the committee on legislative functions of each house, for the purchase of necessary supplies and equipment, and for the payment of routine operating expenses.
4. Expenditures from the legislative fund for purposes other than those specified in subsection 3 of this section shall be made only upon the authority of a concurrent resolution regularly adopted by the senate and assembly.
5. All moneys in the legislative fund shall be paid out on claims approved by the director of the legislative counsel bureau as other claims against the state are paid.
Sec. 30. Notwithstanding the provisions of NRS 218.085, there is hereby appropriated from the legislative fund:
1. The sum of $25,000 to the legislators retirement fund.
2. The sum of $1,000 to the public employees retirement board to be expended for the purchase of necessary supplies, equipment and printing for the organization of the legislators retirement system.
Sec. 31. This act shall become effective at 12:01 a.m. on July 1, 1967.
________
Assembly Bill No. 509Committee on Federal, Indian and Military Affairs
CHAPTER 455
AN ACT relating to the taxation of real estate; to exempt leasehold and possessory estates in Indian trust lands from taxation.
[Approved April 20, 1967]
Whereas, Indians historically have lacked the advantages afforded other American citizens; and
Whereas, Indian lands available for development in Nevada are placed at a competitive disadvantage by their remoteness from established communities and by the fact that the fee title cannot be sold or encumbered; and
Whereas, Prior to the enactment of chapter 432, Statutes of Nevada 1965, a lessee of such lands enjoyed exemption from taxation upon his leasehold; and
Whereas, Such an inducement to developers and lending institutions is necessary to the development of Indian lands in depressed areas; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.157 is hereby amended to read as follows:
361.157 1. When any real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used by a private individual, association, partnership or corporation in connection with a business conducted for profit, it shall be subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of such real estate.
κ1967 Statutes of Nevada, Page 1225 (CHAPTER 455, AB 509)κ
by a private individual, association, partnership or corporation in connection with a business conducted for profit, it shall be subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of such real estate. This section does not apply to:
(a) Property located upon or within the limits of a public airport, park, market, fairground or upon similar property which is available to the use of the general public; or
(b) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed; or
(c) Property of any state-supported educational institution; or
(d) Property leased or otherwise made available to and used by a private individual, association, corporation, municipal corporation, quasi-municipal corporation or a political subdivision under the provisions of the Taylor Grazing Act or by the United States Forest Service or the Bureau of Reclamation of the United States Department of the Interior [.] ; or
(e) Property of any Indian or of any Indian tribe, band or community which is held in trust by the United States or subject to a restriction against alienation by the United States.
2. Taxes shall be assessed to such lessees or users of real estate and collected in the same manner as taxes assessed to owners of real estate, except that such taxes shall not become a lien against the property. When due, such taxes shall constitute a debt due from the lessee or user to the county for which such taxes were assessed and if unpaid shall be recoverable by the county in the proper court of such county.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1967.
________
Assembly Bill No. 492Committee on State, County and City Affairs
CHAPTER 456
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Elko County, Nevada; regulating the employment and compensation of deputies and other employees of such officers; and repealing all acts and parts of acts in conflict herewith, approved March 25, 1957, as amended.
[Approved April 20, 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 205, Statutes of Nevada 1957, as last amended by chapter 295, Statutes of Nevada 1965, at page 629, is hereby amended to read as follows:
Section 1. The compensation of the respective officers of Elko County, Nevada, herein designated, is hereby fixed as follows, to be allowed, audited and fixed monthly:
1. The district attorney shall receive a salary of [$9,000] $10,000 per annum.
κ1967 Statutes of Nevada, Page 1226 (CHAPTER 456, AB 492)κ
2. The sheriff shall receive a salary of [$10,600] $11,600 per annum.
3. The county clerk shall receive a salary of [$9,000] $10,000 per annum and such additional fees as may be authorized by county ordinance enacted pursuant to the provisions of subsection 1 of NRS 122.060.
4. The county recorder and ex officio county auditor shall receive a salary of [$9,000] $10,000 per annum.
5. The county assessor shall receive a salary of [$10,200] $11,200 per annum.
6. The county treasurer and ex officio tax receiver shall receive a salary of [$9,000] $10,000 per annum.
7. The county commissioners of Elko County shall each receive a salary of [$3,000] $3,600 per annum.
Sec. 2. This act shall become effective on July 1, 1967.
________
Assembly Bill No. 475Committee on Elections
CHAPTER 457
AN ACT relating to special elections; requiring the city or district attorney to draft questions and explanations thereof to be placed on the ballot of certain elections.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 268.010 is hereby amended to read as follows:
268.010 1. As used in this section, city means an incorporated city or incorporated town.
2. An amendment to the charter of a city:
(a) May be made by the legislature.
(b) May be proposed and submitted to the registered voters of the city by a majority of the whole governing body, and shall be so submitted upon petition signed by registered voters of the city equal in number to 15 percent or more of the voters who voted at the last preceding general municipal election, setting forth the proposed amendments, which submission shall be made at the next general municipal election.
3. The city attorney shall draft any amendment proposed in the petition mentioned in paragraph (b) of subsection 2 and an explanation thereof for submission to the registered voters.
4. Such petition shall be filed with the city clerk. It shall be in the form, and its sufficiency shall be determined in the manner, provided in chapter 295 of NRS for city initiative petitions.
[4.] 5. When an amendment is adopted by the registered voters of the city, the city clerk shall, within 30 days thereafter, transmit a certified copy of such amendment to the legislative counsel.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 295.170 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1227 (CHAPTER 457, AB 475)κ
295.170 1. The subject matter of such questions shall be stated concisely on the ballot, and the question printed upon the ballot for the information of the voter shall be as follows: Shall the act (setting out the title thereof) be approved?.
2. Where voting machines are used, the title of the act shall appear on the ballot label and may be condensed by the district attorney to 20 words.
3. The district attorney shall prepare an explanation of each such question, which shall be placed on the ballot label.
4. The votes cast upon such question shall be counted and canvassed as the votes for county officers are counted and canvassed.
Sec. 4. NRS 710.310 is hereby amended to read as follows:
710.310 1. Upon the filing of the petition provided for in NRS 710.290, if the board of county commissioners shall adjudge it to be to the interest of the county to build or construct the railway line specified in the petition, and if in the opinion of the board of county commissioners it is advisable that funds for that purpose should be acquired by the sale of bonds, the board of county commissioners shall, not later than 8 weeks before any general or special election:
(a) Determine the amount of such bonds to be issued.
(b) Make and enter in its minutes a certificate of such determination.
(c) Make and enter an order submitting the question of the issuance of such bonds to the qualified electors of the county.
2. If the order of submission shall be made and entered more than 6 months prior to the time for holding a general election, the board of county commissioners may order a special election for the purpose. The special election shall be conducted in the manner provided by law for conducting elections, and the ballots at such election shall have printed thereon the words: For the county railway bonds, and Against the county railway bonds.
3. The district attorney shall draft the measure proposed in subsection 1 and an explanation thereof for submission to the registered voters.
4. The votes cast for and against the issuance of the bonds at any election therefor shall be counted and returns thereof made and canvassed in the manner provided by law for counting, making returns and canvassing the votes of a general election.
Sec. 5. NRS 710.440 is hereby amended to read as follows:
710.440 1. The board of county commissioners shall cause a sufficient number of ballots to be printed, which shall bear the words Sewerage bonds-Yes, Sewerage bonds-No or Light bonds-Yes, Light bonds-No or Water bonds-Yes, Water bonds-No or Water and light bonds-Yes, Water and light bonds-No or Sewerage, light and water bonds-Yes, Sewerage, light and water bonds-No, as the case may require, printed thereon in parallel lines, one above the other. [The voter will scratch out the word yes if opposed to the bonds, or the word no if in favor of their issue.]
2. The district attorney shall draft an explanation of the measure proposed in subsection I for submission to the registered voters.
3. The election shall be conducted and the votes canvassed in all essential particulars as in other city and town elections.
κ1967 Statutes of Nevada, Page 1228 (CHAPTER 457, AB 475)κ
Sec. 6. Chapter 710 of NRS is hereby amended by adding thereto a new section which shall read as follows:
When proceedings are instituted to sell or lease a county-owned telephone system, the district attorney shall draft the measure and an explanation thereof for submission to the registered voters.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 438Committee on Judiciary
CHAPTER 458
AN ACT relating to community antenna television companies; providing for the issuance of certificates of public convenience and necessity by the public service commission of Nevada; granting the right of eminent domain; providing a penalty; 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 37.010 is hereby amended to read as follows:
37.010 Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public uses:
1. Federal activities. All public uses authorized by the Government of the United States.
2. State activities. Public buildings and grounds for the use of the state, and all other public uses authorized by the legislature.
3. County, city, town and school district activities. Public buildings and grounds for the use of any county, incorporated city or town, or school district; reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, or incorporated city or town, or for draining any county, or incorporated city or town; for raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels; for roads, streets and alleys, and all other public uses for the benefit of any county, incorporated city or town, or the inhabitants thereof.
4. Bridges, toll roads, railroads, street railways and similar uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, roads for transportation by traction engines or road locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation.
5. Ditches, canals, aqueducts for smelting, domestic uses, irrigation and reclamation. Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines, mills, smelters, or other works, for the reduction of ores, with water for domestic and other uses, or for irrigating purposes, or for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.
6. Mining and smelting purposes. Roads, railroads, tramways, tunnels, ditches, flumes, pipes and dumping places to facilitate the milling, smelting or other reduction of ores, or the working of mines, and for all mining purposes; outlets, natural or otherwise, for the deposit or conduct of tailings, refuse, or water from mills, smelters, or other work for the reduction of ores from mines, mill dams, natural gas or oil pipe lines, tanks or reservoirs; also an occupancy in common by the owners or possessors of different mines, mills, smelters or other places for the reduction of ores, or any place for the flow, deposit or conduct of tailings or refuse matter; also necessary land upon which to erect smelters and to operate the same successfully, including deposition of fine flue dust, fumes and smoke.
κ1967 Statutes of Nevada, Page 1229 (CHAPTER 458, AB 438)κ
smelting or other reduction of ores, or the working of mines, and for all mining purposes; outlets, natural or otherwise, for the deposit or conduct of tailings, refuse, or water from mills, smelters, or other work for the reduction of ores from mines, mill dams, natural gas or oil pipe lines, tanks or reservoirs; also an occupancy in common by the owners or possessors of different mines, mills, smelters or other places for the reduction of ores, or any place for the flow, deposit or conduct of tailings or refuse matter; also necessary land upon which to erect smelters and to operate the same successfully, including deposition of fine flue dust, fumes and smoke.
7. Byroads. Byroads leading from highways to residences and farms.
8. Public utilities. Telegraph, telephone, electric light, and electric power lines, and sites for electric light and power plants.
9. Sewerage. Sewerage of any city, or town, or of any settlement of not less than 10 families, or of any public building belonging to the state, or of any college or university.
10. Water for generation and transmission of electricity. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and storing water for the operation of machinery for the purpose of generating and transmitting electricity for power, light or heat.
11. Cemeteries, public parks. Cemeteries or public parks.
12. Pipe lines of beet sugar industry. Pipe lines for the purpose of conducting any and all liquids connected with the manufacture of beet sugar.
13. Pipe lines for petroleum products, natural gas. Pipe lines for the transportation of crude petroleum, petroleum products or natural gas, whether interstate or intrastate.
14. Aviation. Airports, air navigation facilities and aerial rights-of-way.
15. Monorails. Monorails and any other overhead or underground system used for public transportation.
16. Community antenna television companies. Community antenna television companies which have received a certificate of public convenience and necessity from the public service commission of Nevada, including the right to use the wires, conduits, cables or poles of any other public utility when:
(a) It creates no substantial detriment to the service provided by the utility;
(b) It causes no irreparable injury to the utility; and
(c) The public service commission of Nevada, after giving notice and affording a hearing to all persons affected by the proposed exercise of the power of eminent domain, has found that such exercise is in the public interest.
Sec. 2. Chapter 318 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No district proposing to furnish television facilities, as provided in section 29 of Senate Bill No. 408 of the 54th session of the Nevada legislature, may be organized which includes any area already served by a community antenna television company which possesses a certificate of public convenience and necessity from the public service commission of Nevada unless application is made to the public service commission of Nevada and the commission determines it necessary to revoke in whole or in part the certificate of the community antenna television company for the area involved.
κ1967 Statutes of Nevada, Page 1230 (CHAPTER 458, AB 438)κ
Nevada unless application is made to the public service commission of Nevada and the commission determines it necessary to revoke in whole or in part the certificate of the community antenna television company for the area involved.
Sec. 3. NRS 704.020 is hereby amended to read as follows:
704.020 1. As used in this chapter, public utility shall mean and embrace:
(a) Any person, partnership, corporation, company, association, their lessees, trustees or receivers (appointed by any court whatsoever) that now, or may hereafter, own, operate, manage, or control any railroad or part of a railroad as a common carrier in this state, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether owned by such railroads or otherwise.
(b) Any person, partnership, corporation, company or association owning or operating automobiles, auto trucks or other self-propelled vehicles engaged in transporting persons or property for hire over and along the highways of this state as common carriers.
(c) Express companies, telegraph and telephone companies.
(d) Any plant, property or facility furnishing facilities to the public for the transmission of intelligence via electricity. The provisions of this paragraph do not apply to interstate commerce.
(e) Radio or broadcasting instrumentalities [except those subject to the jurisdiction of the Federal Communications Commission] providing common or contract service and airship common and contract carriers.
(f) All companies which may own cars of any kind or character, used and operated as a part of railroad trains, in or through this state.
All duties required of and penalties imposed upon any railroad or any officer or agent thereof shall, insofar as the same are applicable, be required of and imposed upon the owner or operator of such automobiles, auto trucks or other self-propelled vehicles transporting persons or property for hire over and along the highways of this state as common carriers, express companies, telegraph and telephone, radio, broadcasting, airship companies, and companies which may own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission shall have the power of supervision and control of all such companies and individuals to the same extent as of railroads.
(g) Community antenna television companies.
2. Public utility shall also embrace:
(a) Any person, partnership, corporation, company, association, their lessees, trustees or receivers (appointed by any court whatsoever) that now or hereafter may own, operate or control any ditch, flume, tunnel or tunnel and drainage system, charging rates, fares or tolls, directly or indirectly.
(b) Any plant or equipment, or any part of a plant or equipment, within the state for the production, delivery or furnishing for or to other persons, firms, associations, or corporations, private or municipal, heat, gas, coal slurry, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service, whether within the limits of municipalities, towns or villages, or elsewhere.
κ1967 Statutes of Nevada, Page 1231 (CHAPTER 458, AB 438)κ
business, manufacturing, agricultural or household use, or sewerage service, whether within the limits of municipalities, towns or villages, or elsewhere.
The commission is hereby invested with full power of supervision, regulation and control of all such utilities, subject to the provisions of this chapter and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law.
3. The provisions of this chapter and the term public utility shall apply to:
(a) The transportation of passengers and property and the transmission or receipt of messages, intelligence or entertainment, between points within the state.
(b) The receiving, switching, delivering, storing and hauling of such property, and receiving and delivering messages.
(c) All charges connected therewith, including icing charges and mileage charges.
(d) All railroads, corporations, airships, automobiles, auto trucks, or other self-propelled vehicles, express companies, car companies, freight and freight-line companies, and all associations of persons, whether incorporated or otherwise, that shall do any business as a common carrier upon or over any line of railroad or any public highway within this state.
(e) Any common carrier engaged in the transportation of passengers and property, wholly by rail, or partly by rail and partly by water, or by air, or property by pipeline.
Sec. 4. Title 58 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 5 to 22, inclusive, of this act.
Sec. 5. This chapter may be cited as the Nevada Community Antenna Television System Law.
Sec. 6. 1. Upon investigation, the legislature of the State of Nevada has determined that the rates, services and operations of community antenna television companies are affected with a public interest.
2. It is the intent of the legislature in the enactment of this chapter to:
(a) Provide fair regulation of CATV companies in the interest of the public, to promote adequate, economical and efficient CATV system service to citizens and residents of this state;
(b) Provide just and reasonable rates and charges for CATV system services without unjust discrimination, undue preferences or advantages, or unfair or destructive competitive practices;
(c) Encourage and promote harmony between CATV companies and their subscribers;
(d) Cooperate with other states and with the Federal Government in promoting and coordinating efforts to regulate effectively CATV companies in the public interest; and
(e) Vest authority in the commission to regulate CATV companies generally and their rates, services and operations, in the manner and in accordance with the policies set forth in this chapter.
κ1967 Statutes of Nevada, Page 1232 (CHAPTER 458, AB 438)κ
Sec. 7. The words and phrases used in this chapter have the meanings ascribed to them in sections 8 to 12, inclusive, of this act unless a different meaning clearly appears in the context.
Sec. 8. CATV company means any person or organization which owns, controls, operates or manages a community antenna television system, except that such definition does not include:
1. A telephone, telegraph or electric utility regulated by the commission in a case where it merely leases or rents to a CATV company wires or cables for the redistribution of television signals to or toward subscribers of such CATV company; or
2. A telephone or telegraph utility regulated by the commission in a case where it merely provides communication channel service under published tariffs filed with the commission to a CATV company for the redistribution of television signals to or toward subscribers of such CATV company.
Sec. 9. 1. CATV system means any facility within this state which is constructed in whole or in part in, on, under or over any highway or other public place and which is operated to perform for hire the service of receiving and amplifying the signals broadcast by one or more television stations and redistributing such signals by wire, cable or other means to members of the public who subscribe to such service.
2. Such definition does not include:
(a) Any system which serves fewer than 50 subscribers; or
(b) Any system which serves only the residents of one or more apartment dwellings under common ownership, control or management, and commercial establishments located on the premises of such dwellings.
Sec. 10. Commission means the public service commission of Nevada.
Sec. 11. Facility means all real property, antennae, poles, wires, cables, conduits, amplifiers, instruments, appliances, fixtures and other personal property used by a CATV company in providing service to its subscribers.
Sec. 12. Highway means every street, road, alley, thoroughfare, way or place of any kind used by the public or open to the use of the public as a matter of right for the purpose of vehicular traffic.
Sec. 13. In determining whether a certificate of public convenience and necessity should be issued to a CATV company the commission shall take into consideration, among other things, the public need for the proposed service or acquisition, the suitability of the applicant, the financial responsibility of the applicant, and the ability of the applicant to perform efficiently the service for which authority is requested.
Sec. 14. 1. If application is made to the commission within 90 days after the effective date of this act, or within 90 days after the final determination of any action or proceeding brought to contest the constitutionality of chapter 704 of NRS as applied to CATV companies which is pending on such effective date or which is commenced within 90 days after such effective date the commission shall issue a certificate of public convenience and necessity to any CATV company lawfully engaged in the construction, extension or operation of its CATV system on the date of approval of this act, for the construction, extension or operation then being conducted, without requiring proof that public convenience and necessity will be served by such construction, extension or operation and without further proceedings.
κ1967 Statutes of Nevada, Page 1233 (CHAPTER 458, AB 438)κ
necessity will be served by such construction, extension or operation and without further proceedings.
2. The construction, extension or operation of such a CATV system may be lawfully continued pending the filing of such an application and its disposition unless the commission orders otherwise.
3. An application for such a certificate which is untimely shall be determined in accordance with the procedure prescribed in chapter 704 of NRS and such certificate shall be issued or refused accordingly.
Sec. 15. The commission may, after affording an opportunity for hearing, order a CATV company to:
1. Construct and operate any reasonable extension of its existing CATV system within the certificated territory; or
2. Make any reasonable repair or improvement of or addition to such system.
Sec. 16. The commission shall from time to time visit the places of business and other premises and examine the records and facilities of all CATV companies to ascertain if such companies have complied with the rules and regulations and orders of the commission.
Sec. 17. The commission may, after affording the holder an opportunity to be heard, revoke, suspend or alter any such certificate of public convenience and necessity for the willful violation of any provision of this chapter or chapter 704 of NRS or the rules, regulations or orders of the commission made under the authority of this chapter, or for other reasonable cause.
Sec. 18. The commission shall supervise and regulate every CATV company operating within this state and its property, easements, property rights, equipment, facilities, contracts, certificates and franchises so far as may be necessary to carry out the purposes of this chapter, and to do all things whether specifically designated in this chapter or chapter 704 of NRS or in addition thereto, which are necessary or convenient in the exercise of such power and jurisdiction.
Sec. 19. 1. Every CATV company and every person and organization providing any service, equipment or facilities thereto shall provide safe and adequate service, equipment and facilities for the operation of its CATV system.
2. No CATV company may demand or receive a greater, less or different compensation for providing CATV service than the rates and charges specified in the tariff in effect at the time.
3. All rates, charges and classifications for the service rendered by a CATV company shall be just and reasonable.
4. No CATV company may make any unjust or unreasonable discrimination in rates, charges, classifications, practices, regulations, facilities or services for or in connection with like service, directly or indirectly, by any means or device, or make or give any undue or unreasonable preference or advantage to any particular person, class of persons or locality, or subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage.
5. Every CATV company and other person and organization shall obey and comply with the rules, regulations and orders adopted by the commission under the provisions of this chapter.
Sec. 20. 1. Upon the prior approval of the commission, any person or organization may contract to lease or rent facilities to a CATV company or to provide it with communication channel service for the redistribution of television signals to or toward the subscribers of such CATV company.
κ1967 Statutes of Nevada, Page 1234 (CHAPTER 458, AB 438)κ
or organization may contract to lease or rent facilities to a CATV company or to provide it with communication channel service for the redistribution of television signals to or toward the subscribers of such CATV company.
2. Any such contract which is in effect on the effective date of this act and which will be in effect for a period of more than 90 days thereafter shall be submitted to the commission for approval within 90 days after the effective date of this act, and if such contract is disapproved it shall become void.
Sec. 21. No CATV company operating or managing a CATV system may combine, merge or consolidate with, or acquire control of, another organization in this state without first obtaining the approval of the commission, which shall be granted only after an investigation and finding that such proposed combination, merger, consolidation or acquisition is in the public interest.
Sec. 22. Any person, whether in his individual capacity or as an agent, employee or officer of any organization, who violates any provision of this chapter or any rule or regulation promulgated thereunder is guilty of a misdemeanor.
________
Assembly Bill No. 454Mrs. Tyson
CHAPTER 459
AN ACT relating to purchasing by local governments; defining local governments; requiring such governments to follow certain procedures in purchases and sales; providing penalties; amending section 195 of Article XX of the charter of the city of Henderson, being chapter 240, Statutes of Nevada 1965, as amended; section 64 of chapter III of the charter of the city of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as amended; and section 20.61 of Article XX of the charter of the city of Sparks, being chapter 180, Statutes of Nevada 1949, as amended; 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. Title 27 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 21, inclusive, of this act.
Sec. 2. This chapter may be cited as the Local Government Purchasing Act.
Sec. 3. For the purpose of this chapter local government means every political subdivision or other entity which has the right to levy or receive moneys from ad valorem taxes, and includes without limitation counties, cities, towns, school districts and other districts organized pursuant to chapters 310, 311, 313, 314, 316, 379, 473, 474, 539, 540, 542 and 543 of NRS.
Local government does not include a district formed pursuant to chapters 309 or 318 of NRS.
κ1967 Statutes of Nevada, Page 1235 (CHAPTER 459, AB 454)κ
Sec. 4. As used in this chapter, unless the context otherwise requires:
1. Governing body means the board, council, commission or other body in which the general legislative and fiscal powers of the local government are vested.
2. Person means an individual, partnership, firm, corporation or association.
Sec. 5. 1. Except as otherwise provided by law, in letting all contracts where the contract in the aggregate exceeds $2,500, the governing body shall advertise such contract or contracts twice within a period of 15 days, with at least 10 days intervening between such advertisements.
2. Such advertisement shall be by notice to bid to be published in a newspaper published and having general circulation within the county wherein the local government, or a major portion thereof, is situated. If no such newspaper is published in the county, then publication shall be in any newspaper published in the state having general circulation in the county.
3. Such notice shall state:
(a) The nature, character and object of the contract.
(b) If plans and specifications are to constitute part of the contract, where such plans and specifications may be seen.
(c) The time and place where the bids will be received and opened.
(d) Such other matters as may properly pertain to giving notice to bid.
4. No contract may be awarded for a period of at least 5 days after the last publication.
Sec. 6. Except as otherwise provided by law, a governing body may let a contract of any nature without advertising if:
1. The estimated amount required to perform the contract is greater than $1,000 but does not exceed $2,500.
2. Requests for informal bids have been submitted to and such bids have been received from at least three persons who are capable of performing the contract.
Sec. 7. 1. Except as otherwise provided by law, a governing body may enter into a contract of any nature without advertising or requesting bids when the estimated amount required to perform the contract is $1,000 or less.
2. Nothing in this section shall prohibit a governing body from advertising for or requesting bids.
Sec. 8. 1. If the governing body determines by resolution that an emergency exists affecting the public health, safety or welfare, contracts necessary to contend with such emergency shall not be subject to the competitive bidding requirements of this chapter.
2. Any such resolution shall set forth the nature of the danger to public health, safety or welfare.
3. No contract let pursuant to such a resolution may be let in an amount exceeding $10,000.
Sec. 9. When a governing board has advertised for or requested bids in letting a contract, such contract shall be let to the lowest bid from a responsible bidder.
Sec. 10. Any and all bids received in response to an advertisement or request for informal bids may be rejected by the governing body, if such governing body determines that any such bidder is not responsible or that the quality of the services, supplies, materials, equipment or labor proffered does not conform to requirements or if the public interest would be served by such a rejection.
κ1967 Statutes of Nevada, Page 1236 (CHAPTER 459, AB 454)κ
such governing body determines that any such bidder is not responsible or that the quality of the services, supplies, materials, equipment or labor proffered does not conform to requirements or if the public interest would be served by such a rejection.
Sec. 11. In determining the responsibility of any bidder, the governing body may consider the financial responsibility, experience, adequacy of equipment and ability of such bidder to complete performance.
Sec. 12. All bids received in response to an advertisement or a request for informal bids shall be opened publicly at a regular or special meeting of the governing body.
Sec. 13. 1. No contract awarded may be assigned to any other person without the consent of the governing body.
2. No contract awarded or any portion thereof may be assigned to any person who was declared by the governing body not to be a responsible bidder for the particular contract.
Sec. 14. 1. Bond, with sufficient surety, in such amount as may be determined necessary by the governing board, may be required of all bidders.
2. Any such bond may be to insure proper performance of the contract and save, indemnify and keep harmless the local government against all loss, damages, claims, liabilities, judgments, costs and expenses which may accrue against the local government in consequence of the granting of the contract.
Sec. 15. Contracts which by their nature are not adapted to award by competitive bidding, such as contracts for items which may only be purchased from a single source and contracts for additions to and repairs and maintenance of equipment owned by the local government which may be more efficiently added to, repaired or maintained by a certain person, shall not be subject to the competitive bidding requirements of this chapter.
Sec. 16. 1. No member of any governing body may be interested, directly or indirectly, in any contract entered into by the governing body; but the governing body may purchase supplies, not to exceed $30 in the aggregate in any 1 month, from such a member, when not to do so would be of great inconvenience.
2. A member who supplies pursuant to subsection 1 shall not vote on the allowance of the claim therefor.
3. A violation of this section is a misdemeanor and cause for removal from office.
Sec. 17. Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to bid a fixed price, or otherwise, shall render the bids of such bidders void.
Sec. 18. Any disclosure in advance of the opening of bids, whether in response to advertising or request for informal bids, made or permitted by a member of the governing body or an employee or representative thereof, shall operate to void the advertisement or request.
Sec. 19. When purchasing personal property, the governing body may solicit and accept advantageous trade-in allowances for personal property of the governing body which has been determined by the governing body to be no longer required for public use.
Sec. 20. All sales or leases of personal property of the governing body shall be made, as nearly as possible, under the same conditions and limitations as required by this chapter in the purchase of personal property.
κ1967 Statutes of Nevada, Page 1237 (CHAPTER 459, AB 454)κ
body shall be made, as nearly as possible, under the same conditions and limitations as required by this chapter in the purchase of personal property.
Sec. 21. 1. Any two or more local governments may join in the letting of a contract of any nature.
2. Such joinder shall be accomplished by resolution of the governing board of each such local government.
3. The resolution shall indicate which joining local government shall be considered as the situs of the contract for the purposes of advertising for or requesting bids.
Sec. 22. NRS 311.130 is hereby amended to read as follows:
311.130 For and on behalf of the district the board shall have the following powers:
1. To have perpetual existence.
2. To have and use a corporate seal.
3. To sue and be sued, and be a party to suits, actions and proceedings.
4. Except as otherwise provided in this chapter, to enter into contracts and agreements affecting the affairs of the district, including contracts with the United States of America and any of its agencies or instrumentalities. Except in cases in which a district will receive aid from a governmental agency, a notice shall be published for bids [on all construction contracts for work, or material, or both, involving an expense of $5,000 or more.] and contracts shall be let in the manner prescribed by sections 2 to 21, inclusive, of this act. The district may reject any and all bids, and if it shall appear that the district can perform the work or secure material for less than the lowest bid, it may proceed so to do.
5. To borrow money and incur indebtedness and evidence the same by certificates, notes or debentures and to issue bonds, in accordance with the provisions of this chapter.
6. To acquire, dispose of and encumber real and personal property, water, water rights, water and sewer works and plants, and any interest therein, including leases and easements.
7. To refund any bonded indebtedness of the district without an election. Otherwise, the terms and conditions of refunding bonds shall be substantially the same as those of an original issue of bonds; provided:
(a) That the refunding bonds may be exchanged dollar for dollar for the bonds to be refunded or may be sold publicly or privately, in which case the proceeds derived from the sale of the bonds shall be used to redeem the bonds being refunded; and
(b) That the refunding bonds, or at the option of the board the refunding bonds and all outstanding bonds of the district, shall mature serially and be payable and due commencing not later than 3 years and extending not more than 30 years from the date of the refunding bonds, at the option of the board and insofar as practicable either in substantially equal annual installments of principal, or upon an amortization plan for the bonds so that substantially equal amounts shall be required annually for the payment of the principal of and the interest on the bonds, but the first and last installment of principal, or both of those installments of principal, may be for greater or lesser amounts than required by either of the aforesaid limitations.
κ1967 Statutes of Nevada, Page 1238 (CHAPTER 459, AB 454)κ
8. To have the management, control and supervision of all the business and affairs of the district, and the construction, installation, operation and maintenance of district improvement therein.
9. To hire and retain agents, employees, engineers and attorneys.
10. To have and exercise the power of eminent domain and in the manner provided by law for the condemnation of private property for public use to take any property necessary to the exercise of the powers herein granted, both within and without the district.
11. To construct and maintain works and establish and maintain facilities across or along any public street or highway, and in, upon, or over any vacant public lands, which public lands are now, or may become, the property of the State of Nevada, and to construct works and establish and maintain facilities across any stream of water or water-course. The district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to completely or unnecessarily impair the usefulness thereof.
12. To apply to the public service commission, in accordance with the provisions of chapter 704 of NRS, to fix, increase or decrease water and sewer rates, tolls or charges for services or facilities furnished by the district, and to pledge revenue received for the payment of any indebtedness of the district. The board shall charge such rates, tolls or charges as shall be fixed by the public service commission of the State of Nevada. Until paid, all rates, tolls or charges shall constitute a perpetual lien on and against the property served, and any such lien may be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics liens. The board shall shut off or discontinue service for delinquencies in the payment of such rates, tolls or charges, or in the payment of taxes levied pursuant to this chapter, and prescribe and enforce rules and regulations for the connection with and disconnection from properties of the facilities of the district. For health and sanitary purposes the board shall have the power to compel the owners of inhabited property within a sanitation district to connect their property with the sewer system of such district, and upon a failure so to connect within 60 days after written notice by the board so to do the board may cause such connection to be made and a lien to be filed against the property for the expense incurred in making such connection; but no owner shall be compelled to connect his property with such system unless a service line is brought, by the district, to a point within 400 feet of his dwelling place.
13. To adopt and amend bylaws, not in conflict with the constitution and laws of the state, for carrying on the business, objects and affairs of the board and of the district.
14. To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted herein. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this chapter.
15. When a district lies entirely within an incorporated city and when all of its indebtedness has been fully paid or satisfied, to convey to such city with the consent of the governing authority thereof all of the property of such district upon the condition that such city will operate and maintain such property.
κ1967 Statutes of Nevada, Page 1239 (CHAPTER 459, AB 454)κ
maintain such property. Upon such conveyance the district shall be dissolved and a certificate to such effect shall be signed by the clerical officer of the city and filed with the county clerk of the counties in which the order establishing the district is filed.
16. When two or more districts are using the same or joint facilities and when the obligations of each district are fully paid or satisfied, to consolidate such districts into one. In such an event the consolidated district shall be under the control of a joint board, consisting of the members of each board, until by the occurrence of vacancies or expiration of terms of office the board is reduced to five members. Thereafter the members of the board shall be elected as provided in NRS 311.120.
Sec. 23. NRS 316.140 is hereby amended to read as follows:
316.140 For and on behalf of the district the board shall have the following powers:
1. To have perpetual existence.
2. To have and use a corporate seal.
3. To sue and be sued, and be a party to suits, actions and proceedings.
4. Except as otherwise provided in this chapter, to enter into contracts and agreements affecting the affairs of the district, including contracts with the United States of America and any of its agencies or instrumentalities. Except in cases in which a district will receive aid from a governmental agency, a notice shall be published for bids [on all construction contracts for work, or material, or both, involving an expense of $2,000 or more.] and contracts shall be let in the manner prescribed by sections 2 to 21, inclusive, of this act. The district may reject any and all bids, and if it shall appear that the district can perform the work or secure material for less than the lowest bid, it may proceed so to do.
5. To borrow money and incur indebtedness and evidence the same by certificates, notes or debentures and to issue bonds, in accordance with the provisions of this chapter.
6. To acquire, dispose of and encumber real and personal property, water, water rights, and any interest therein, including leases and easements.
7. To refund any bonded indebtedness of the district without an election. Otherwise, the terms and conditions of refunding bonds shall be substantially the same as those of an original issue of bonds.
8. To have the management, control and supervision of all the business and affairs of the district, and the construction, installation, operation and maintenance of district improvements therein.
9. To hire and retain agents, employees, engineers and attorneys.
10. To have and exercise the power of eminent domain and, in the manner provided by law for the condemnation of private property for public use, to take any property necessary to the exercise of the powers herein granted, both within and without the district.
11. To construct and maintain swimming pools and works, and establish and maintain facilities in conjunction therewith.
12. To fix and from time to time to increase or decrease rates or charges for services or facilities furnished by the district, and to pledge such revenue for the payment of any indebtedness of the district.
13. To adopt and amend bylaws, not in conflict with the constitution and laws of the state, for carrying on the business, objects and affairs of the board and of the district.
κ1967 Statutes of Nevada, Page 1240 (CHAPTER 459, AB 454)κ
and laws of the state, for carrying on the business, objects and affairs of the board and of the district.
14. To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted herein. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this chapter.
15. When a district lies entirely within an incorporated city and when all of its indebtedness has been fully paid or satisfied, to convey to such city with the consent of the governing authority thereof all of the property of such district upon the condition that such city will operate and maintain such property. Upon such conveyance the district shall be dissolved and a certificate to such effect shall be signed by the clerical officer of the city and filed with the county clerk of the counties in which the order establishing the district is filed.
16. When a district lies entirely within a county and when all of its indebtedness has been fully paid or satisfied, to convey to such county with the consent of the governing authority thereof all of the property of such district upon the condition that such county will operate and maintain such property. Upon such conveyance the district shall be dissolved and a certificate to such effect shall be signed by and filed with the county clerk of the county in which the order establishing the district is filed.
17. When two or more districts are using the same or joint facilities and when the obligations of each district are fully paid or satisfied, to consolidate such districts into one. In such an event the consolidated district shall be under the control of a joint board consisting of the members of each board, until by the occurrence of vacancies or expiration of terms of office the board is reduced to five members. Thereafter, the members of the board shall be elected as provided in NRS 316.130.
Sec. 24. NRS 393.130 is hereby amended to read as follows:
393.130 [1. In all cases where more than $1,000 is to be expended upon the erection of any school building, or upon the repair, alteration or addition to any school building, the board of trustees shall award the contract for such work to the person making the lowest and most satisfactory firm offer for the work.
2.] After the procedure for notice calling for bids, as provided in [NRS 393.120,] sections 2 to 21, inclusive, of this act, has twice been followed, if no satisfactory bid is received, the board of trustees may receive proposals and enter into a contract on the basis of such proposals for the construction or repair of, alteration of or addition to the school building on a cost-plus-a-fee basis, without further notice calling for bids.
Sec. 25. (Deleted by amendment.)
Sec. 26. NRS 403.490 is hereby amended to read as follows:
403.490 1. To perform any work or construct any superstructure under this chapter wherein an expenditure of $500 or more may be necessary, the board of county highway commissioners shall cause definite plans of such work or superstructure to be made, estimates of the amount of work to be done and the probable cost thereof, together with a copy of the specifications thereof.
2. Upon receipt of the plans, estimates and specifications, the board of county highway commissioners shall advertise for bids [for the performance of the work specified by giving public notice of at least 5 days.
κ1967 Statutes of Nevada, Page 1241 (CHAPTER 459, AB 454)κ
of county highway commissioners shall advertise for bids [for the performance of the work specified by giving public notice of at least 5 days.
3. The notice shall describe the work to be done, the time and place that bids will be received, and the means of paying for such work.
4. All bidders must be offered an opportunity to examine the plans and specifications and all bids shall be sealed.
5. The board of county highway commissioners shall award the contract to the lowest responsible bidder. The plans and specifications so adopted shall be attached to and become a part of the contract. If the contract provides for work exceeding $2,000, and is not subject to the provisions of chapter 408 of NRS, the person, persons or corporation to whom such contract is awarded shall furnish to the board of county highway commissioners a performance bond and a payment bond as provided in NRS 339.025.
6.] and let contracts in the manner prescribed by sections 2 to 21, inclusive, of this act.
3. After submission of bids, the board of county highway commissioners may reject any and all bids and advertise anew, or the board may order the work done by days work under the supervision of the county road supervisor.
[7.] 4. In cases of emergency the board of county highway commissioners may let contracts for repairs [without giving the 5 days notice required by subsection 2, but no contract shall be let for an amount to exceed $500 without written notice.] in the manner prescribed by sections 2 to 21, inclusive, of this act.
[8.] 5. Nothing in this section shall prevent any county from opening, building, improving or repairing any public road or highway in the county by the employment of day labor, under the supervision of the board of county highway commissioners and by the use of its own machinery, tools and other equipment, without letting contracts to the lowest responsible bidder, irrespective of the probable cost of the work.
Sec. 27. NRS 403.600 is hereby amended to read as follows:
403.600 1. No bridge shall be constructed or repaired except on the order of the board of county commissioners, or unless a petition is filed as provided in NRS 403.610.
2. [When the cost of construction or repair of any bridge will not exceed the sum of $500, the board of county commissioners shall have the power to let a contract for such construction or repair without advertising or otherwise calling for bids therefor. When the cost of such construction or repair shall exceed the sum of $500, the contract therefor shall be let to the lowest responsible bidder in accordance with the provisions of NRS 403.490.] In entering into a contract for the construction or repair of a bridge, the board of county commissioners shall comply with sections 2 to 21, inclusive, of this act.
Sec. 28. NRS 539.265 is hereby amended to read as follows:
539.265 On the petition of a majority of the electors of the district, the board of directors may do any [work mentioned in NRS 539.247 to 539.263, inclusive,] construction or repair of any part of the work on behalf of the district without calling for bids, and the board may use the construction fund therefor.
Sec. 29. NRS 539.307 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1242 (CHAPTER 459, AB 454)κ
539.307 The board of directors of a district is relieved from the duties imposed upon it in [NRS 539.247] NRS 539.255 to 539.263, inclusive, and 539.540 to 539.557, inclusive, insofar as the same may not be required in case of a contract between the district and the United States, and in that relation may take advantage of or adopt such surveys and plans as may have been or be made by the United States.
Sec. 30. NRS 543.480 is hereby amended to read as follows:
543.480 1. Except as otherwise provided in NRS 543.160 to 543.840, inclusive, the board shall have the power to enter into contracts and agreements affecting the affairs of the district, including but not limited to contracts with the United States of America and any of its agencies or instrumentalities and contracts with any municipality or district for the operation of a common or jointly owned project.
2. Any improvement or improvements of any nature made in any district, [where the entire cost, value or amount of such work, including labor and materials, exceeds $1,000,] except such work done by employees of the district with supplies and materials purchased by it as provided in subsection 3, or except by labor or supplies and materials, or all of such, supplied under agreement with the United States of America, the State of Nevada, or any federal or state agency, instrumentality or corporation, or other political subdivision, shall be done only under independent contract to be entered into by the district [with the lowest responsible bidder submitting the lowest and best bid upon proper terms after due public notice by publication has been given asking for competitive bids. The board shall have the right to reject any and all bids and to waive any irregularity in any bid. Any contract may be let on a lump sum or unit basis. No contract which provides for work exceeding $2,000 shall be entered into for such work unless the contractor furnishes to the board a performance bond and a payment bond as provided in NRS 339.025.] in the manner prescribed by sections 2 to 21, inclusive, of this act. Upon default in the performance of any contract, the proper official may advertise and relet the remainder of the work without further resolution and deduct the cost from the original contract price and recover any excess cost by suit on the performance bond, or otherwise.
3. The board shall have the power to make any improvement, or portion thereof, in any district, directly by the officers, agents and employees of the district, with supplies and materials purchased or otherwise acquired therefor. All supplies and materials purchased by the board for any district (but not by a contractor) [costing $500 or more shall be purchased only after notice by publication for competitive bids. The board shall accept the lowest bid, kind, quality and material being equal, but the board shall have the right to reject any and all bids, to waive any irregularity in any bid, and to select a single item from any bid. The provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturers authorized dealer.] shall be purchased in the manner prescribed by sections 2 to 21, inclusive, of this act.
Sec. 31. NRS 710.140 is hereby amended to read as follows:
710.140 1. The control, management and conduct of any telephone line or system so purchased, acquired or constructed by any county shall be exercised by the board of county commissioners of such county.
κ1967 Statutes of Nevada, Page 1243 (CHAPTER 459, AB 454)κ
line or system so purchased, acquired or constructed by any county shall be exercised by the board of county commissioners of such county.
2. The board of county commissioners shall have the right to employ such persons as may be necessary to carry on the business of the same and as may be required.
3. [Notwithstanding the provisions of NRS 244.315 and 244.320, when exercising the powers herein granted, the board of county commissioners may, by resolution, dispense with the requirements of NRS 244.315 relating to advertisements for bids when the equipment or other property to be purchased for the use and benefit of the county telephone line or system can be supplied or furnished only by one supplier, contractor or manufacturer. The limitations and penalties contained in NRS 244.320 shall not apply to any contract let by the board of county commissioners for the purchase of such equipment or other property which can be supplied only by one supplier, contractor or manufacturer.] The board of county commissioners shall comply with sections 2 to 21, inclusive, of this act in letting contracts for the use and benefit of the county telephone line or system.
4. It is expressly provided that no general or other statute shall limit or restrict the conduct and carrying on of such business by the board except as specifically set forth in this section.
Sec. 32. NRS 244.280, 244.285, 244.310, 244.315, 244.316, 244.325, 268.015, 310.170, 393.120, 393.180, 393.330 to 393.350, inclusive, 403.100, 403.500, 403.510, 539.247 to 539.253, inclusive, 540.350 to 540.380, inclusive, and 540.410 are hereby repealed.
Sec. 33. Section 195 of Article XX of the charter of the city of Henderson, being chapter 240, Statutes of Nevada 1965, at page 491, is hereby amended to read as follows:
Section 195. Construction contracts.
1. No contract for doing construction work for acquiring or improving the project contemplated shall be made or awarded, nor shall the council incur any expense or liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications and notices, until after the provisional order, hearing and notice thereof provided for herein have been given and had.
2. Nothing contained in this section shall be construed as preventing the council from advertising by publication for proposals for doing the work whenever the council sees fit, but the contract shall not be made or awarded before the time stated in subsection 1.
3. In the case of construction work done by independent contract for any project, or portion thereof, in any improvement district, the city shall [request competitive bids and publish notice stating that bids will be received at a time and place designated therein.
4. The city may contract only with the responsible bidder submitting the lowest and best bid upon proper terms.
5. The city shall have the right to reject any and all bids and to waive any irregularity in any bid.
6. Any contract may be let on a lump sum or on a unit basis.
7. No contract shall be entered into for such work unless the contractor gives an undertaking with a sufficient surety or sureties approved by the council and in an amount fixed by it for the faithful performance of the contract.
κ1967 Statutes of Nevada, Page 1244 (CHAPTER 459, AB 454)κ
by the council and in an amount fixed by it for the faithful performance of the contract.
8.] conform to the provisions of the Local Government Purchasing Act.
4. Upon default in the performance of any contract, any designated official, as directed by motion of the council, may advertise and relet the remainder of the work without further ordinance or resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise.
[9.] 5. All contracts shall provide among other things that the person entering into the contract with the city will pay for all materials furnished and services rendered for the performance of the contract, and that any person furnishing the materials or rendering the services may maintain an action to recover for the same against the obligor in the undertaking as though the person was named therein.
[10.] 6. If any contract or agreement is made in violation of the provisions of this section, it shall be voidable, and no action shall be maintained thereon by any party thereto against the city.
[11.] 7. To the extent the city makes any payment thereunder, such contract or agreement shall be valid, and any such payment may be included in any cost defrayed by the levy of assessments, unless theretofore the city elects to void the contract or agreement in its entirety and to recover any such payment from the party to whom made.
[12.] 8. The council, except as expressly limited in this section, may, in the letting of contracts, impose such conditions upon bidders with regard to bonds and securities, and such guaranties of good and faithful performance and completion of any work and the keeper of the same in repair, and providing for any further matter or thing in connection therewith, as may be considered by the council to be advantageous to the city and to all interested.
Sec. 34. Section 64 of chapter III of the charter of the city of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as added by chapter 447, Statutes of Nevada 1963, at page 1250, is hereby amended to read as follows:
Section 64. Construction Contracts.
1. No contract for doing construction work for acquiring or improving the project contemplated shall be made or awarded, nor shall the city council incur any expense or liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications and notices, until after the provisional order hearing and notice thereof provided for herein have been given and had.
2. Nothing contained in this section shall be construed as preventing the city council from advertising by publication for proposals for doing the work whenever the city council sees fit, but the contract shall not be made or awarded before the time stated in subsection 1.
3. In the case of construction work done by independent contract for any project, or portion thereof, in any improvement district, the city shall [request competitive bids and publish notice stating that bids will be received at a time and place designated therein.
4. The city may contract only with the responsible bidder submitting the lowest and best bid upon proper terms.
κ1967 Statutes of Nevada, Page 1245 (CHAPTER 459, AB 454)κ
5. The city shall have the right to reject any and all bids and to waive any irregularity in any bid.
6. Any contract may be let on a lump sum or on a unit basis.
7. No contract shall be entered into for such work unless the contractor shall give an undertaking with a sufficient surety or sureties approved by the city council and in an amount fixed by it for the faithful performance of the contract.
8.] conform to the provisions of the Local Government Purchasing Act.
4. Upon default in the performance of any contract, any designated official, as directed by motion of the city council, may advertise and relet the remainder of the work without further ordinance or resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise.
[9.] 5. All contracts shall provide among other things that the person entering into the contract with the city will pay for all materials furnished and services rendered for the performance of the contract, and that any person furnishing the materials or rendering the services may maintain all action to recover for the same against the obligor in the undertaking as though the person was named therein.
[10.] 6. If any contract or agreement shall be made in violation of the provisions of this section, it shall be voidable, and no action shall be maintained thereon by any party thereto against the city.
[11.] 7. To the extent the city makes any payment thereunder, such contract or agreement shall be valid, and any such payment may be included in any cost defrayed by the levy of assessments, unless theretofore the city elects to void the contract or agreement in its entirety and to recover any such payment from the party to whom made.
[12.] 8. The city council, except as expressly limited in this section, may, in the letting of contracts, impose such conditions upon bidders with regard to bonds and securities, and such guaranties of good and faithful performance and completion of any work and the keeping of the same in repair, and providing for any further matter or thing in connection therewith, as may be considered by the city council to be advantageous to the city and to all interested.
Sec. 35. Section 20.61 of Article XX of the charter of the city of Sparks, being chapter 180, Statutes of Nevada 1949, as added by chapter 347, Statutes of Nevada 1963, at page 725, is hereby amended to read as follows:
Section 20.61. 1. No contract for doing construction work for acquiring or improving the project contemplated shall be made or awarded, nor shall the city council incur any expense or liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications and notices, until after the provisional order hearing and notice thereof provided for herein have been given and had.
2. Nothing contained in this section shall be construed as preventing the city council from advertising by publication for proposals for doing the work whenever the city council sees fit, but the contract shall not be made or awarded before the time stated in subsection 1.
3. In the case of construction work done by independent contract for any project, or portion thereof, in any improvement district, the city shall [request competitive bids and publish notice stating that bids will be received at a time and place designated therein.
κ1967 Statutes of Nevada, Page 1246 (CHAPTER 459, AB 454)κ
shall [request competitive bids and publish notice stating that bids will be received at a time and place designated therein.
4. The city may contract only with the responsible bidder submitting the lowest and best bid upon proper terms.
5. The city shall have the right to reject any and all bids and to waive any irregularity in any bid.
6. Any contract may be let on a lump sum or on a unit basis.
7. No contract shall be entered into for such work unless the contractor shall give an undertaking with a sufficient surety or sureties approved by the city council and in an amount fixed by it for the faithful performance of the contract.
8.] conform to the provisions of the Local Government Purchasing Act.
4. Upon default in the performance of any contract, any designated official, as directed by motion of the city council, may advertise and relet the remainder of the work without further ordinance or resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise.
[9.] 5. All contracts shall provide among other things that the person entering into the contract with the city will pay for all materials furnished and services rendered for the performance of the contract, and that any person furnishing the materials or rendering the services may maintain an action to recover for the same against the obligor in the undertaking as though the person was named therein.
[10.] 6. If any contract or agreement shall be made in violation of the provisions of this section, it shall be voidable, and no action shall be maintained thereon by any party thereto against the city.
[11.] 7. To the extent the city makes any payment thereunder, such contract or agreement shall be valid, and any such payment may be included in any cost defrayed by the levy of assessments, unless theretofore the city elects to void the contract or agreement in its entirety and to recover any such payment from the party to whom made.
[12.] 8. The city council, except as expressly limited in this section, may, in the letting of contracts, impose such conditions upon bidders with regard to bonds and securities, and such guaranties of good and faithful performance and completion of any work and the keeping of the same in repair, and providing for any further matter or thing in connection therewith, as may be considered by the city council to be advantageous to the city and to all interested.
Sec. 36. Section 32 of this act shall become effective at 12:01 a.m. on July 1, 1967. All other sections of this act shall become effective on July 1, 1967.
________
κ1967 Statutes of Nevada, Page 1247κ
Assembly Bill No. 389Mr. Frank Young
CHAPTER 460
AN ACT relating to the department of economic development; to permit the director to charge fees to cover the costs of preparation of materials distributed by the department; 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. Chapter 231 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The director may, in his discretion, charge such fees for materials prepared for distribution by the department as may be necessary to cover costs of preparation and mailing.
2. Such fees shall be paid quarterly by the director to the state treasurer for credit to the department, and:
(a) May be expended in addition to other moneys appropriated for the support of the department.
(b) Shall be expended exclusively for materials and labor incidental to printing such materials for distribution.
________
Assembly Bill No. 366Mr. Homer (By request)
CHAPTER 461
AN ACT to amend NRS 651.040, relating to regulation of hotels, motels and inns, by making regulations applicable to all lodging establishments in the state.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 651.040 is hereby amended to read as follows:
651.040 1. As used in this section, unless the context otherwise requires:
(a) Corporate or fictitious name means $4.00 motel or similar name or any phraseology used in the name the reasonable construction of which implies the rate at which rooms or accommodations may be secured at such establishment.
(b) Establishment means any hotel, motel, inn or motor court.
(c) Membership in an organization means member of $4.00 motel association or similar organization names or any phraseology used in the organization name the reasonable construction of which implies the rate at which rooms or accommodations may be secured at such establishment.
(d) Outdoor sign or outside sign means any sign maintained outside the establishment, whether on, connected to or separated from the establishment, or any sign, whether within or without the establishment, which is visible to the public from the outside.
κ1967 Statutes of Nevada, Page 1248 (CHAPTER 461, AB 366)κ
establishment, or any sign, whether within or without the establishment, which is visible to the public from the outside.
(e) Owner or keeper means any person, firm, association or corporation.
(f) Rates means the total charge levied at such establishment for rooms or accommodations.
(g) Special rates means special rates, cut rates, low rates, lowest rates, lowest rates in town, reasonable, inexpensive or any similar phraseology the reasonable construction of which implies that a bargain in rates is offered at such establishment.
2. It is unlawful for any owner or keeper of any hotel, inn, motel or motor court in this state to post or maintain posted on any outdoor or any outside sign:
(a) Advertising with reference to any rates at which rooms or accommodations may be secured at such establishment.
(b) Advertising which employs terminology with reference to special rates for rooms or accommodations at such establishment.
(c) Advertising the corporate or fictitious name of such establishment or membership in any organization the name of which pertains to or can be reasonably construed as pertaining to the rate of rooms or accommodations at such establishment.
3. Nothing contained in subsection 2 shall be construed as requiring any establishment therein referred to to maintain outdoor signs or outside signs.
4. Every owner or keeper of any hotel, inn, motel or motor court in this state shall post, in a conspicuous place in the office and in every bedroom of such establishment, a printed copy of a statement of charge or rate of charges by the day for lodging. The rates posted in the office and every bedroom of such establishment shall display the daily rate of such room for occupancy by one person, for occupancy by two persons, the additional charge for each person over two persons, or the additional charge for each additional bed provided in such room. Every establishment shall maintain a registration card for each room and supply the person or persons registering for accommodations a receipt. Both the registration card and the receipt shall reflect the type of accommodations supplied, the number of persons occupying such accommodation and the rate charged each person therefor. No establishment shall charge more than the posted rates, or require as a condition of securing accommodations that any person pay for a greater number of days than actually requested or that the accommodations are actually occupied by the person or persons.
5. For any violation of this section, or any provision herein contained, the offender shall forfeit to the injured party 3 times the amount of the sum charged in excess of what he is entitled to charge.
6. Any owner or keeper of any establishment who violates any of the provisions of this section is guilty of a misdemeanor.
[7. The provisions of this section shall apply only in a county having a population, according to the latest United States decennial census, of 10,000 or more persons.]
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1967.
________
κ1967 Statutes of Nevada, Page 1249κ
Assembly Bill No. 295Mr. Getto
CHAPTER 462
AN ACT to amend chapter 584 of NRS, relating to dairy products and substitutes, by providing that substitute dairy products may not be advertised or sold as dairy products; providing a penalty; 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. Chapter 584 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 sections 3 to 5, inclusive, of this act, substitute dairy product means any substance, mixture or compound intended for human consumption as a food product other than milk or dairy products which are intended to resemble milk or dairy products, but contain fat or oil other than milk fat.
Sec. 3. 1. No bottle, can, package or other container which contains a substitute dairy product may be labeled or marked with a brand name or trade-mark which would lead a reasonable person to believe that the contents of such bottle, can, package or container contain a dairy product.
2. No substitute dairy product which has a dairy product or dairy products as an ingredient may list such ingredient on the label in letters larger than those for any other ingredient.
Sec. 4. 1. No operator, owner or proprietor of any place of business which sells prepared food for consumption either on or off the premises may serve any substitute dairy product unless:
(a) There is displayed in a prominent place in each room a sign in black letters not less than 4 inches high upon a white background bearing the words ..................................................................... served here instead of ...................................... ; or
(Name of substitute) (Genuine dairy product)
(b) There is contained in each menu used in such place of business a statement printed in not less than 8-point type containing the words served here instead of ....................... .
(Name of substitute) (Genuine dairy product)
2. This section does not apply to schools, hospitals, orphanages, licensed rest homes, foster homes, licensed day nurseries or any charitable institution which serves such food free of charge.
Sec. 5. Any person who violates any provision of sections 2 to 5, inclusive, of this act is guilty of a misdemeanor.
________
κ1967 Statutes of Nevada, Page 1250κ
Assembly Bill No. 262Committee on Ways and Means
CHAPTER 463
AN ACT relating to the department of motor vehicles; to increase the number of personnel in the motor carrier division and in the Nevada highway patrol; and providing other matters properly relating thereto.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 481.049 is hereby amended to read as follows:
481.049 In addition to other necessary personnel, there shall be employed in the motor carrier division of the department of motor vehicles one inspector and [18] 19 field agents whose duties shall be:
1. To enforce the motor vehicle carrier law contained in chapter 706 of NRS.
2. To enforce the provisions of chapters 365, 366, 482, 483, 484 and 487 of NRS.
Sec. 2. NRS 481.150 is hereby amended to read as follows:
481.150 1. The director of the Nevada highway patrol shall be the chief officer of the Nevada highway patrol and shall have and exercise all of the powers and duties provided in NRS 481.180, which powers and duties shall be performed under the direction and supervision of the director of the department of motor vehicles.
2. When requested by the governor to preserve order, protect life or property, and enforce the laws of this state, the director may use such number of Nevada highway patrol personnel as may be necessary for such purpose. When so acting, such personnel shall have and exercise general police powers. Their salaries and expenses incidental to such operations shall be paid out of appropriations for the department of motor vehicles from the general fund.
Sec. 3. NRS 481.140 is hereby amended to read as follows:
481.140 The Nevada highway patrol shall be composed of the following personnel appointed by the director of the department of motor vehicles:
1. One director.
2. Two inspectors.
3. Not more than [68] 97 additional personnel, of which [53] 68 shall be patrolmen.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1251κ
Assembly Bill No. 258Mr. Wood
CHAPTER 464
AN ACT relating to gambling licensing and control; extending the deadline for filing applications for renewal of gaming licenses; 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 463.270 is hereby amended to read as follows:
463.270 1. Subject to the power of the commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the commission for the next succeeding calendar quarter upon proper application for renewal and payment of state license fees as required by law and the regulations of the commission.
2. All state gaming licenses shall become subject to renewal on the 1st day of each January and the 1st day of each calendar quarter thereafter.
3. Application for renewal shall be filed with the commission and all state license fees required by law shall be paid to the commission on or before the [25th] last day of January of each year and on or before the [25th] last day of the first month of each calendar quarter thereafter.
4. Application for renewal of licenses for slot machines only shall be made by the operators of the locations where such machines are situated.
5. Any person failing to pay any state license fees due at the times hereinabove provided shall pay in addition to such license fees a penalty of not less than $25 or 25 percent of the gross amount due, whichever is the greater, but in no case in excess of $1,000, which penalty shall be collected as are other charges, license fees and penalties under this chapter.
6. Upon renewal of any state license, the commission shall issue an appropriate renewal certificate or validating device or sticker, which shall be attached to each state gaming license so renewed.
7. Any person who shall operate, carry on, conduct or expose for play any gambling game, gaming device or slot machine after his license shall have become subject to renewal, and shall thereafter fail to apply for renewal as herein provided, shall be guilty of a misdemeanor; and, in addition to the penalties provided by law, shall be liable to the State of Nevada for all license fees and penalties which would have been due and payable upon application for renewal as herein provided.
Sec. 2. This act shall become effective at 12:04 a.m. on July 1, 1967.
________
κ1967 Statutes of Nevada, Page 1252κ
Assembly Bill No. 228Mrs. Tyson
CHAPTER 465
AN ACT to amend NRS 534.035 and 534.040, relating to ground water boards, by providing an operating fund, salaries and expenses for members and consultants of ground water boards; 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 534.035 is hereby amended to read as follows:
534.035 1. In each area designated as a ground water basin by the state engineer pursuant to the provisions of NRS 534.030, which area is located entirely within one county and includes three or more incorporated cities, a ground water board shall be established as provided in this section.
2. The governing bodies of all the incorporated cities within the designated area, the board of county commissioners of the county in which the area is located, and the governing body of any water district in which the area is included, or partly included, shall each submit a list of names of residents of the area to the governor, who shall appoint seven members of the board. At least one member shall be appointed from each list.
3. Of the first board appointed, two members shall be appointed for terms of 2 years, two members for terms of 3 years, and three members for terms of 4 years. Thereafter all members shall be recommended in the same manner and appointed for terms of 4 years. Vacancies on the board shall be filled by appointment by the governor for the unexpired terms from the lists submitted. The board shall elect one member as chairman and one member as secretary to serve as such at the pleasure of the board.
4. The board shall maintain its headquarters at the county seat of the county in which the designated area is located, and shall hold meetings at such times and places as it may determine. Special meetings may be called at any time by the secretary at the request of any four members, or by the chairman, upon notice specifying the matters to be acted upon at such meeting. No matters other than those specified in the notice shall be acted upon at such meeting unless all members are present and consent thereto. All meetings of the board shall be open to the public.
5. A majority of the board shall constitute a quorum, and the board shall act only by a majority of those present.
6. For each days attendance at each meeting of the ground water board, or for each day when services are actually performed for the ground water board, the members shall receive per diem and travel allowances as provided by NRS 281.160. Claims for such expenses shall be paid as provided in subsection 6 of NRS 534.040.
7. The state engineer shall not approve any application or issue any permit to drill a well, appropriate ground water, or change the place or manner of use or the point of diversion of water within the designated area until he has conferred with the board and obtained its written advice and recommendations with respect thereto.
κ1967 Statutes of Nevada, Page 1253 (CHAPTER 465, AB 228)κ
[7.] 8. It is the intention of the legislature that the state engineer and the board shall be in agreement whenever possible, but, for the purpose of fixing responsibility to the governor, if there is any disagreement between the state engineer and the board, the views of the state engineer shall prevail. A written report of any such disagreement shall be made immediately to the governor by the state engineer and the board.
[8.] 9. Any ground water board may request from the state engineer or any other state, county, city or district agency such technical information, data and advice as it may require to perform its functions, and the state engineer and such other agencies shall, within the resources available to them, furnish such assistance as may be requested.
Sec. 2. NRS 534.040 is hereby amended to read as follows:
534.040 1. Upon the initiation of the administration of NRS 534.010 to 534.190, inclusive, in any particular basin, and where the investigations of the state engineer have shown the necessity for the supervision over the waters of such basin, the state engineer may employ a well supervisor and other necessary assistants, who shall execute the duties as provided in NRS 534.010 to 534.190, inclusive, under the direction of the state engineer. The salaries of the well supervisor and his assistants shall be fixed by the state engineer.
2. The board of county commissioners shall levy a special tax annually, or at such time as the same is needed, upon all taxable property situated within the confines of the area so designated by the state engineer to come under the provisions of NRS 534.010 to 534.190, inclusive, in such an amount as may be necessary to pay such salaries, together with necessary expenses, including the compensation and other expenses of the state well drillers advisory board in the event the money available from the license fees provided for in NRS 534.140 is not sufficient to pay such costs; but in designated areas within which the use of ground water is predominantly for agricultural purposes such levy shall be charged against each water user who has a permit to appropriate water or a perfected water right, and the charge against each water user shall be based upon the proportion which his water right bears to the aggregate water rights in the designated area. The minimum charge shall be $1.
3. The salaries and expenses may be paid by the state engineer from the water distribution fund provided in NRS 532.210 pending the levy and collection of the tax as provided in this section.
4. The proper officers of the county shall levy and collect such special tax as other special taxes are levied and collected, and such tax shall be a lien upon the property.
5. The tax provided for, when collected, shall be deposited with the state treasurer in a fund in the state treasury which shall be designated as the ..................................................... Basin, ........................ County well fund. All claims against such fund in the state treasury shall be certified by the state engineer and approved by the state board of examiners. The state controller is authorized to draw his warrants therefor against such fund and the state treasurer shall pay the same.
6. Upon determination and certification by the state engineer of the amount to be budgeted for the current or ensuing fiscal year for the purpose of paying the per diem and travel allowances of the ground water board and employing consultants or other help needed to fulfill its responsibilities, the state controller shall transfer such amount to a separate operating fund for that fiscal year for such ground water basin in the state treasury.
κ1967 Statutes of Nevada, Page 1254 (CHAPTER 465, AB 228)κ
water board and employing consultants or other help needed to fulfill its responsibilities, the state controller shall transfer such amount to a separate operating fund for that fiscal year for such ground water basin in the state treasury. Claims against such fund shall be approved by the ground water board and paid as other claims against the state are paid.
________
Assembly Bill No. 223Committee on Judiciary
CHAPTER 466
AN ACT to amend NRS 18.010, relating to compensation of attorneys in civil actions, by increasing the range for the allowance of attorneys fees to the plaintiff and defendant.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 18.010 is hereby amended to read as follows:
18.010 1. The compensation of an attorney and counselor for his services is governed by agreement, express or implied, which is not restrained by law. From the commencement of an action, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his clients cause of action or counterclaim which attaches to a verdict, report, decision or judgment in his clients favor and the proceeds thereof in whosesoever hands they may come, and cannot be affected by any settlement between the parties before or after judgment. There shall be allowed to the prevailing party in any action, or special proceeding in the nature of an action, in the supreme court and district courts, his costs and necessary disbursements in the action or special proceeding.
2. The court may make an allowance of attorneys fees to:
(a) The plaintiff as prevailing party when the plaintiff has not sought recovery in excess of [$3,000;] $10,000; or
(b) The defendant as prevailing party when the defendant has not [sought recovery in excess of $3,000; or] recovered more than $10,000; or
(c) The defendant as prevailing party when the plaintiff has not sought recovery in excess of [$3,000.] $10,000.
________
κ1967 Statutes of Nevada, Page 1255κ
Assembly Bill No. 144Washoe County Delegation
CHAPTER 467
AN ACT to amend NRS 450.070, relating to the election of hospital trustees, by providing for the election at large of hospital trustees in counties of a certain population; to amend NRS 450.090, relating to county commissioners as members of the boards of hospital trustees, by placing one county commissioner on hospital boards in counties of certain population; 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 450.070 is hereby amended to read as follows:
450.070 1. The board or boards of county commissioners creating a board of hospital trustees hereunder shall immediately proceed to appoint five trustees who shall constitute a board of hospital trustees for the public hospital. Such appointed trustees shall:
(a) Be chosen from the citizens at large with reference to their fitness for office.
(b) Be residents of the county or counties concerned, but not more than three shall be residents of the city or town in which the hospital is to be located.
2. The trustees so appointed shall hold their offices until the next following general election, when five hospital trustees shall be elected, who shall hold their offices, three for 2 years and two for 4 years. At subsequent general elections, the offices of the trustees whose terms of office are about to expire shall be filled by the nomination and election of hospital trustees for terms of 4 years in the same manner as other county officers are elected. [No more than three members of the board shall be residents of the city or town in which the hospital is located.]
3. At the general election of 1956, a complete new board of five hospital trustees shall be elected for each existing county public hospital. Three trustees shall be elected for terms of 2 years and two trustees shall be elected for terms of 4 years. Thereafter [,] :
(a) In any county whose population is less than 50,000 or whose population is 120,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, hospital trustees shall be elected for terms of 4 years in the same manner as other county officers are elected. No more than three members of the board shall be residents of the city or town in which the hospital is located.
(b) In any county whose population is 50,000 or more but less than 120,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, hospital trustees shall be elected from the county at large for terms of 4 years.
Sec. 2. NRS 450.090 is hereby amended to read as follows:
450.090 1. In any county having 50,000 or more population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board of hospital trustees for the public hospital shall be composed of the five regularly elected or appointed members, and, in addition, three county commissioners selected by the chairman of the board of county commissioners shall be voting members thereof, and shall serve during their terms of office as county commissioners.
κ1967 Statutes of Nevada, Page 1256 (CHAPTER 467, AB 144)κ
elected or appointed members, and, in addition, three county commissioners selected by the chairman of the board of county commissioners shall be voting members thereof, and shall serve during their terms of office as county commissioners.
2. In any county having less than 50,000 population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board of hospital trustees for the public hospital shall be composed of the five regularly elected or appointed members, and, in addition, the board of county commissioners may, by resolution, provide that one county commissioner selected by the chairman of the board of county commissioners shall be a voting member of the board of hospital trustees during his term of office as county commissioner.
Sec. 3. 1. Nothing in this act shall be construed to affect the terms of office of hospital trustees holding office on the effective date of this act, and such hospital trustees shall continue to serve for the terms for which they were elected.
2. Every hospital trustee lawfully elected to such office in a county having a population of 50,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, and holding such office on the effective date of this act, is entitled to hold such office until the expiration of the term for which he was elected, whether or not he remains a resident of the area within the county from which he was elected.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 468Senator Dodge
CHAPTER 468
AN ACT relating to Nevada Revised Statutes; directing the legislative counsel to furnish and keep current a set for each legislator; and authorizing the legislative commission to distribute obsolete copies of NRS to public bodies and officials if NRS is reprinted.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 220 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The legislative counsel shall provide:
1. A complete set of Nevada Revised Statutes (excluding the annotations thereto and the digest of cases) to each person who is on the effective date of this act or who becomes after such date a member of the legislature upon payment by the member of the legislature to the secretary of state of the sum of $50; and
2. Sets of replacement or supplementary pages, as issued, without charge, to each legislator during his term or terms of office if the legislator has acquired a set of Nevada Revised Statutes pursuant to subsection 1.
κ1967 Statutes of Nevada, Page 1257 (CHAPTER 468, SB 468)κ
Sec. 3. If Nevada Revised Statutes is reprinted and bound in binders different from those in use on the effective date of this act, the legislative commission may, upon such conditions as it may prescribe, distribute copies of Nevada Revised Statutes in its present binding to legislators, public schools and libraries and other public bodies or officials.
________
Senate Bill No. 459Committee on Judiciary
CHAPTER 469
AN ACT relating to parole violations; providing that a person reimprisoned for parole violation forfeits good behavior credits earned prior to his reimprisonment; 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 213.150 is hereby amended to read as follows:
213.150 1. The board shall have full power to make and enforce rules and regulations covering the conduct of paroled prisoners, and to retake or cause to be retaken and imprisoned any prisoner so upon parole.
2. The boards written order, certified to by the secretary of the board, shall be sufficient warrant for all officers named therein to authorize such officers to return to actual custody any conditionally released or paroled prisoner.
3. All sheriffs officers and members of the Nevada state police, constables, chiefs of police and all prison or other peace officers shall execute any such order in like manner as ordinary criminal process.
4. When a paroled prisoner has been retaken, the chief parole and probation officer may after consideration of the case and pending the next meeting of the board release such prisoner again upon parole or revoke his parole and return him to confinement. The chief parole and probation officer shall take whichever action he deems appropriate within:
(a) Fifteen days if such prisoner was paroled by the board.
(b) Thirty days if such prisoner was paroled by the authority of another state and is under supervision in this state pursuant to NRS 213.180 to 213.210, inclusive. This paragraph does not apply to a parolee who is retaken by an officer of the sending state.
5. The board shall consider at its next meeting the case of each paroled prisoner retaken pursuant to this section.
6. Any person who is retaken and imprisoned pursuant to this section for a violation of any rule or regulation governing his conduct shall:
(a) Forfeit all credits for good behavior earned prior to his parole; and
(b) Serve such part of the unexpired term of his original sentence as may be determined by the board.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1258κ
Senate Bill No. 415Committee on Judiciary
CHAPTER 470
AN ACT to amend NRS 3.370, relating to fees and compensation for official reporters in district courts, by increasing the fees of official reporters and removing transcribing fees from the in lieu salary base for reporters in criminal matters.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 3.370 is hereby amended to read as follows:
3.370 1. For his or her services the official reporter or reporter pro tempore shall receive the following fees:
(a) For reporting civil and criminal testimony and proceedings, [$30] $40 per day, which amount, when more than one case is reported in 1 day, must be apportioned by the court between the several cases.
(b) For transcription, [25] 40 cents per folio for the [first copy,] original draft, and 10 cents per folio for each additional copy [.] to the party ordering the original draft. For transcription for any party other than the party ordering the original draft, 15 cents per folio.
2. In criminal cases the fees for reporting and for transcripts ordered by the court to be made must be paid out of the county treasury upon the order of the court. When there is no official reporter in attendance and a reporter pro tempore is appointed, his or her reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in like manner. The respective district judges may, with the approval of the respective board or boards of county commissioners within the judicial district, fix a monthly salary to be paid to such official reporter in lieu of per diem [and transcribing fees] in criminal cases; the salary, and also actual traveling expenses in cases where the reporter acts in more than one county, to be prorated by the judge on the basis of time consumed by criminal work in the respective counties; the salary and traveling expenses to be paid out of the respective county treasuries upon the order of the court.
3. In civil cases the fees for reporting and for transcripts ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole thereof. In either case all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering the same. No reporter must be required to perform any service in a civil case until his fees have been paid to him or her or deposited with the clerk of the court.
4. Where a transcript is ordered by the court or by any party, the fees for the same shall be paid to the clerk of the court and by him paid to the reporter upon the furnishing of the transcript.
________
κ1967 Statutes of Nevada, Page 1259κ
Senate Bill No. 393Senators Herr, Young and Farr
CHAPTER 471
AN ACT to amend chapter 435 of NRS, relating to mentally deficient children, by adding new sections authorizing the construction and operation of cottage type group care facilities for mentally retarded children; 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. Chapter 435 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The following terms, wherever used or referred to in sections 2 to 5, inclusive, of this act, have the following meanings unless a different meaning clearly appears in the context:
1. Cottage type group care facility means a structure similar to a private residence which will house a small number of persons in a home-like atmosphere.
2. Mental hygiene division means the mental hygiene division of the department of health, welfare and rehabilitation.
3. Mental retardation refers to subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior.
Sec. 3. The mental hygiene division is authorized to operate a cottage type group care facility or facilities for the purpose of caring for and maintaining mentally retarded children until such children can live in a more normal situation.
Sec. 4. The mental hygiene division shall be responsible for the administration of all cottage type group care facilities established pursuant to sections 2 to 5, inclusive, of this act, and may adopt such rules and regulations as it deems necessary for the operation of any such facility.
Sec. 5. Any mentally retarded child between the ages of 6 and 17, inclusive, whose parent, parents or guardian has been a resident of this state for at least 2 years out of the last 9 years with 1 year immediately prior to application for admission, may be admitted for care and maintenance at a cottage type group care facility:
1. At the request of the parent, parents or guardian of such child upon the approval of the administrator of the mental hygiene division; or
2. When such a child is committed by a court of competent jurisdiction to the custody of the director of the department of health and welfare.
Sec. 6. The state planning board is authorized to construct, in the manner provided by chapter 341 of NRS, any cottage type group care facility, as defined in section 2 of this act, for which funds may be appropriated by the legislature. Upon completion, any such facility shall be delivered over to the mental hygiene division of the department of health, welfare and rehabilitation for operation as provided in section 3 of this act.
________
κ1967 Statutes of Nevada, Page 1260κ
Senate Bill No. 358Senator Swobe
CHAPTER 472
AN ACT relating to aid to dependent children; requiring the cooperation of an applicant for or recipient of such aid with the district attorney; requiring notice to and cooperation with the district attorney by the welfare division of the department of health and welfare; 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. Chapter 425 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An applicant for or recipient of assistance, or a person making application for or receiving assistance on behalf of a child, shall assist and cooperate fully with the district attorney of the county of the applicants or recipients residence in the locating or apprehending of and the taking of legal action against a deserting or nonsupporting parent of such applicant or recipient.
2. An applicant for or recipient of assistance pursuant to this chapter may be denied such assistance by the welfare division or such assistance may be discontinued by the welfare division for:
(a) Failure or refusal to disclose information known to the applicant or recipient, or the person making application or receiving assistance on behalf of a child, necessary for the location or apprehension of a deserting or nonsupporting parent; or
(b) Failure or refusal of any such person to cooperate with the district attorney of the county of the applicants or recipients residence, in the taking of recommended legal action against a deserting or nonsupporting parent.
Sec. 2. NRS 425.040 is hereby amended to read as follows:
425.040 The department, through the welfare division, shall:
1. Administer assistance to dependent children under this chapter.
2. Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of this chapter.
3. Cooperate with the district attorney of each county to the extent necessary to ensure the immediate availability to such district attorney of all information concerning absent or nonsupporting parents.
4. Cooperate with the Federal Government in matters of mutual concern pertaining to assistance to dependent children, including the adoption of such methods of administration as are found by the Federal Government to be necessary for the efficient operation of the plan for such assistance.
[4.] 5. Make such reports in such form and containing such information as the Secretary of Health, Education, and Welfare from time to time requires, and shall comply with such provisions as the secretary from time to time finds necessary to assure correctness and verification of such reports.
Sec. 3. NRS 425.150 is hereby amended to read as follows:
425.150 1. Whenever [assistance has been granted to a dependent child who has been deserted or abandoned by a parent,] a person applies for assistance pursuant to this chapter, the welfare division shall immediately notify the district attorney of the county, or, if the district attorney is not the appropriate official, the Superintendent of the Nevada Indian Agency or the Indian Service Special Officer, that such [assistance has been granted.]
κ1967 Statutes of Nevada, Page 1261 (CHAPTER 472, SB 358)κ
for assistance pursuant to this chapter, the welfare division shall immediately notify the district attorney of the county, or, if the district attorney is not the appropriate official, the Superintendent of the Nevada Indian Agency or the Indian Service Special Officer, that such [assistance has been granted.] application has been made.
2. At the time of such application the welfare division shall inform the applicant of his duties pursuant to section 1 of this act and request that such applicant comply therewith.
3. The notice provided for in subsection 1 shall include a statement that such applicant has been informed of his duties and requested to comply therewith pursuant to subsection 2.
Sec. 4. NRS 425.020 is hereby amended to read as follows:
425.020 1. It is the object and purpose of this chapter to provide assistance for children whose dependency is caused by circumstances defined in subsection 5 of NRS 425.030, and to keep children in their own homes wherever possible.
2. The provisions of this chapter shall be liberally construed to effect its stated objects and purposes.
3. Nothing contained in this chapter shall be construed as affecting the right of the welfare division to be solely responsible for determining the eligibility of applicants under this chapter.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 350Committee on Transportation
CHAPTER 473
AN ACT relating to vehicles; to provide a penalty for operation after the cancellation of an operators or chauffeurs license.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.560 is hereby amended to read as follows:
483.560 1. Whenever the department has canceled, suspended or revoked the license of any operator or chauffeur, it shall be unlawful for such operator or chauffeur to operate a vehicle on the public streets and highways of this state during the period of cancellation, suspension or revocation.
2. Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1967.
________
κ1967 Statutes of Nevada, Page 1262κ
Assembly Bill No. 516Messrs. Bowler, Close and Garfinkle
CHAPTER 474
AN ACT relating to boxing and wrestling; to provide for fees and compensation for the commission and its employees; to reduce the number and abolish the staggered terms of members of the medical advisory board; to redefine total gross receipts; to authorize a nonprofit benefit corporation; to provide for the withholding of purses; to provide for the suspension of licenses and other penalties; 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 467.055 is hereby amended to read as follows:
467.055 1. Members of the commission [and its inspectors,] when authorized by the chairman, shall receive as compensation $25 for each [day on which a contest or exhibition is held and for each] full-day commission meeting.
2. The executive secretary of the commission shall receive as compensation an amount fixed by the commission not to exceed $700 per month.
3. Each inspector for the commission shall receive for the performance of his duties a fee approved by the commission.
Sec. 2. NRS 467.065 is hereby amended to read as follows:
467.065 1. The medical advisory board is hereby created to assist the commission.
2. The board shall consist of [nine] five members to be appointed by the governor. [Of the initial members of the board, three shall be appointed for terms of 1 year, two for terms of 2 years, two for terms of 3 years, and two for terms of 4 years.] The governor shall designate one of the members of the board as its chairman. The term of a member [thereafter appointed] shall be 4 years, except for a member appointed to fill a vacancy, whose appointment shall be for the unexpired term.
Sec. 3. NRS 467.107 is hereby amended to read as follows:
467.107 1. In addition to the payment of any other fees and moneys due under this chapter, every promoter shall pay an additional license fee of 3 percent of the total gross receipts of any boxing contest, wrestling exhibition, or combination of such events, exclusive of any federal tax or tax imposed by any political subdivision of this state.
2. For the purposes of this section, total gross receipts of every promoter shall include:
(a) [The promoters share of the] The gross price charged for the sale, lease or other exploitation of broadcasting, television or motion picture rights of such contest or exhibition without any deductions for commissions, brokerage fees, distribution fees, advertising or other expenses or charges.
(b) The face value of all tickets sold and complimentary tickets issued.
Sec. 4. NRS 467.125 is hereby amended to read as follows:
467.125 [1.] The commission may, by [rules and regulations, require licensed boxers and wrestlers to be covered by not less than $1,000 of insurance for medical, surgical and hospital care resulting from injuries sustained while preparing for or engaged in boxing or wrestling contests or exhibitions.
κ1967 Statutes of Nevada, Page 1263 (CHAPTER 474, AB 516)κ
from injuries sustained while preparing for or engaged in boxing or wrestling contests or exhibitions. The insured shall be the beneficiary of such policies.
2. This power, if exercised, shall in no way constitute a waiver of immunity to tort liability, either express or otherwise.] rule or regulation:
1. Require insurance coverage for each licensed boxer or wrestler to provide for medical, surgical and hospital care for injuries sustained while preparing for or engaged in boxing or wrestling contests or exhibitions, in an amount of $1,000 or more payable to such boxer or wrestler as beneficiary; or
2. Authorize the formation of a nonprofit corporation to provide such benefits and the deduction of a prescribed percentage from the amount payable to each boxer, wrestler, manager and promoter for each contest or exhibition, to be paid over to and managed by such corporation for such purpose.
Sec. 5. NRS 467.130 is hereby amended to read as follows:
467.13 [1.] No promoter or foreign copromoter may pay or give any money to a licensee before any boxing contest as an advance against a contestants purse or for a similar purpose, except that a promoter may, with the prior written permission of a member of the commission, pay or advance to a contestant necessary expenses for transportation and maintenance in preparation for a contest.
[2. Should it be determined by the referee and the commission that a contestant did not give an honest exhibition of his skill, or did not honestly compete, such services shall not be paid for.
3. If a contestants purse is forfeited, the promoter shall be held responsible for the total purse and the commission may include such payments or advances as part of the forfeiture. If the promoter does not forthwith forward such amount to the commission, it may be recovered in the same manner as a debt due the state.]
Sec. 6. Chapter 467 of NRS is hereby amended by adding thereto the provisions set forth in sections 7 to 10, inclusive, of this act.
Sec. 7. 1. The commission, its executive secretary or any other employee authorized by the commission is empowered to order the promoter to withhold any part of a purse or other funds belonging or payable to any contestant, manager or second if, in the judgment of the commission or its secretary or employee, the contestant is not competing honestly or to the best of his skill and ability or if the manager or seconds have violated any of the provisions of this chapter or the rules and regulations promulgated thereunder.
2. This section does not apply to any contestant in a wrestling exhibition who appears not to be competing honestly or to the best of his skill and ability.
3. Upon the withholding of any part of a purse or other funds pursuant to this section, the commission shall immediately schedule a hearing on the matter, provide adequate notice to all interested parties and dispose of the matter as promptly as possible.
4. If it is determined that a contestant, manager or second is not entitled to any part of his share of the purse or other funds, the promoter shall turn such moneys over to the commission.
κ1967 Statutes of Nevada, Page 1264 (CHAPTER 474, AB 516)κ
Sec. 8. The commission is empowered to suspend temporarily without a hearing any license issued under this chapter, when in its opinion such action is necessary to protect the public welfare and the best interest of boxing and wrestling. Such suspension shall become permanent unless within 30 days from the notice of such suspension the licensee applies in writing for a hearing as provided in NRS 467.113. The hearing shall be held within 30 days of the receipt of the request for the hearing.
Sec. 9. Any license issued under this chapter may be revoked for cause deemed sufficient by the commission upon a hearing as provided for in NRS 467.113.
Sec. 10. 1. Upon application and the payment of a penalty prescribed by the commission, not to exceed $500, the commission may reinstate a revoked license.
2. In lieu of revoking a license, as provided for in this chapter, the commission may charge a penalty not to exceed $500.
Sec. 11. The term of office of each incumbent member of the medical advisory board shall expire on July 1, 1967.
________
Senate Bill No. 306Clark County Delegation
CHAPTER 475
AN ACT to amend Title 34 of NRS, relating to education, by adding a new chapter creating an educational communications commission; 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. Title 34 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 25, inclusive, of this act.
Sec. 2. As used in this chapter the words and terms defined in sections 3 to 9, inclusive, of this act have the meanings ascribed to them in sections 3 to 9, inclusive, of this act, unless a different meaning clearly appears in the context.
Sec. 3. Commission means the Nevada educational communications commission.
Sec. 4. Educational television and educational radio are broad terms used to identify the kind of programming used on educational television and radio stations which is classified as instructional, cultural or informational.
Sec. 5. Educational television stations and educational radio stations refer to those channels in the broadcast spectrum which have been reserved by the Federal Communications Commission for licensing to nonprofit and noncommercial entities exclusively for formal instruction as well as cultural and informational programming.
Sec. 6. Electronic communications systems refers to the uses of radio frequency communication for the distribution of information on a statewide educational communications network.
κ1967 Statutes of Nevada, Page 1265 (CHAPTER 475, SB 306)κ
radio frequency communication for the distribution of information on a statewide educational communications network. It includes such media as open and closed circuit educational television, instructional television fixed services, educational radio, two-way radio, microwave, TWX, facsimile, and all other electronic communications devices.
Sec. 7. Instructional television means that portion of educational television concerned exclusively with formal instruction.
Sec. 8. Instructional television fixed services means those channels in the 2500 megacycle portion of the broadcast spectrum reserved by the Federal Communications Commission for educational use.
Sec. 9. Systems means electronic communications systems.
Sec. 10. This chapter does not apply to common carriers and private organizations or individuals utilizing radio frequency communications for commercial purposes.
Sec. 11. The Nevada educational communications commission is hereby created for the general purposes:
1. Of promoting noncommercial educational television facilities and programs, noncommercial educational radio, and all other noncommercial educational electronic communications devices and systems utilized in formal education at all levels of instruction and in the general distribution of information to the citizens of the State of Nevada; and
2. To advise the governor on educational communications matters.
Sec. 12. 1. The members of the commission shall be appointed by the governor for terms of 4 years and until a successor is appointed, and shall include the following persons:
(a) One member of the board of trustees of the Washoe County School District;
(b) One member of the board of trustees of the Clark County School District;
(c) One member of a board of trustees of the remaining 15 county school districts;
(d) A member of the faculty of the University of Nevada or Nevada Southern University recommended by the board of regents; and
(e) A representative of the state department of education.
2. The commission shall appoint an executive director who shall serve as an ex officio member of the commission. The attorney general or his representative shall serve as legal counsel to the commission.
Sec. 13. Commission members will serve without compensation except for per diem and travel expenses for at least six meetings per year. The maximum number of meetings for which travel and per diem expenses will be paid shall be determined by the commission.
Sec. 14. Initial terms of office of commission members shall be 2 years. The length of subsequent terms of office, the organization of the commission and the bylaws for the conduct of its affairs shall be determined by the commission at its organizational meeting. No term of office may be so fixed which exceeds 4 years.
Sec. 15. The commission may:
1. Establish general policies relating to the nature and character of educational radio and television broadcasts and set standards and requirements to maintain high production quality for any program or series to be transmitted on a statewide educational communications network;
κ1967 Statutes of Nevada, Page 1266 (CHAPTER 475, SB 306)κ
2. Establish a Nevada instructional television planning council;
3. Establish a Nevada educational television community development council;
4. Establish a Nevada legislative communications council;
5. Initiate or receive for review and approval all applications for federal, state or private funds for the development or operation of a state-wide educational communications network; and
6. Serve as a clearing house for information to be provided to other state educational communications commissions as well as federal and state agencies.
Sec. 16. The primary function of the Nevada instructional planning council, if established, shall be to advise the commission on necessary instructional programming to satisfy common curriculum needs of all public school districts as well as all public institutions of higher education in the state.
Sec. 17. The primary functions of the Nevada educational television development council, if established, shall be to determine general cultural or informational programming needs of the entire state and to advise the commission on requirements for programming in these areas.
Sec. 18. The primary function of the Nevada legislative communications council, if established, shall be to prepare the legislative program, consistent with budget needs, provided by the commission, for the purpose of assuring the continued operation of a statewide educational communications network.
Sec. 19. The commission shall advise local committees, when requested and practicable, and provide systems consultant services to any agency, public or private, within the state where consistent with the availability of funds and personnel.
Sec. 20. The commission may, and for such purpose is designated as the official state agency to, enter into agreements with federal, state, public or private agencies, departments, institutions, firms, corporations, organizations or persons for the production or transmission, or both, of all systems programming used on a statewide educational communications network.
Sec. 21. 1. The commission may receive funds allocated to it by the legislature and gifts and contributions from public and private sources to be expended in providing for the necessary operation of and programming for systems in the state.
2. Nothing in subsection 1 shall be construed to preclude local nonprofit entities from seeking and receiving contributions from public and private sources.
Sec. 22. The commission may establish an office, hire personnel and purchase equipment and supplies necessary to carry out its functions, within the limits of any legislative appropriations or other funds available.
Sec. 23. The commission shall serve as the central agency to acquire and contract for the production and distribution of all systems programming to be used in formal education on a statewide educational communications network, consistent with policies and needs established by the Nevada instructional television planning council.
Sec. 24. The commission shall serve as the central agency to acquire and contract for the production and distribution of all systems programming in the areas of public affairs, general cultural or informational programming to be broadcast over a statewide educational communications network, consistent with needs and policies established by the Nevada educational television community development council.
κ1967 Statutes of Nevada, Page 1267 (CHAPTER 475, SB 306)κ
and contract for the production and distribution of all systems programming in the areas of public affairs, general cultural or informational programming to be broadcast over a statewide educational communications network, consistent with needs and policies established by the Nevada educational television community development council.
Sec. 25. Nothing in this chapter shall be construed to empower the commission to exercise control over the programming, funding or operation of educational television stations or educational radio stations owned and operated by local nonprofit educational organizations.
________
Assembly Bill No. 211Messrs. White, May, Bryan Hafen and Swackhamer
CHAPTER 476
AN ACT relating to frozen desserts; establishing standards for their content and labeling; 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 584.017 is hereby amended to read as follows:
584.017 [The] Except as otherwise provided by law, the state board of health shall adopt, and may amend and repeal, reasonable regulations governing:
1. The production, manufacturing, mixing, preparing, processing, pasteurizing, freezing, packaging, transportation, handling, sampling, examination, labeling and sale of all mix and frozen desserts sold for ultimate consumption within the State of Nevada.
2. The inspection of all establishments engaged in the production, processing and distribution of mix and frozen desserts.
3. The issuing and revocation of permits to frozen desserts plants.
4. The grading and regrading of frozen desserts plants.
5. The displaying of grade placards.
6. The fixing of penalties for violation of such regulations.
Sec. 2. NRS 584.019 is hereby amended to read as follows:
584.019 The regulations adopted pursuant to NRS 584.017 shall [:
1. Be based upon the provisions of The United States Public Health Service Frozen Desserts Ordinance, 1940 edition.
2. Have] have the force and effect of law and supersede all ordinances and regulations inconsistent therewith.
Sec. 3. Chapter 584 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section:
(a) Candy includes candies, cakes, cookies, glaceed fruits, prepared cereals and similar products.
(b) Chocolate ice cream means ice cream flavored with chocolate or cocoa.
κ1967 Statutes of Nevada, Page 1268 (CHAPTER 476, AB 211)κ
(c) Fruit ice cream means ice cream containing not less than 3 percent by weight of clean, mature, sound fruit or its equivalent in other forms.
(d) Nut or candy ice cream means ice cream containing not less than 1 percent by weight of sound, nonrancid nut meats or candy.
2. No frozen dessert may be labeled or sold in this state as ice cream unless it:
(a) Weighs at least 4.5 pounds per gallon;
(b) Contains at least 6 percent of milk solids not fat; and
(c) Except as provided in subsection 3, contains at least 10 percent of milk fat and 20 percent of total milk solids.
3. Chocolate ice cream, fruit ice cream and nut or candy ice cream shall contain at least 8 percent of milk fat and 16 percent of total milk solids.
4. Frozen desserts may be produced and sold which contain less than the amounts of milk fat required by subsections 2 and 3 for their respective categories of ice cream, but shall be labeled:
(a) Ice milk if they contain at least 2 percent of milk fat and 11 percent of milk solids; or
(b) By a name which does not imply a dairy dessert, if they contain less than such amounts.
________
Assembly Bill No. 149Mr. Espinoza
CHAPTER 477
AN ACT to amend NRS 315.510 and 315.580, being a part of the Housing Authorities Law of 1947 and relating to preferences in tenant selection and housing for veterans and servicemen, by providing additional income exemptions for minors, raising ratio of income to rent to be used in determining eligibility for such housing, and deleting limitations concerning rentals to veterans and servicemen.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 315.510 is hereby amended to read as follows:
315.510 In the operation or management of housing projects an authority shall at all times observe the following duties with respect to rentals and tenant admissions:
1. It may rent or lease the dwelling accommodations therein only to persons of low income, and, as among low income persons which are eligible applicants for occupancy in dwellings of given sizes and at specified rents, shall extend the following preferences in the selection of tenants: First: To families which are to be displaced by any low-rent housing project or by any public slum clearance or redevelopment project initiated after January 1, 1947, or which were so displaced within 3 years prior to making application on authority for admission to any low-rent housing; and as among such families first preference shall be given to families of disabled veterans whose disability has been determined by the Veterans Administration to be service-connected, and second preference shall be given to families of deceased veterans and servicemen whose death has been determined by the Veterans Administration to be service-connected, and third preference shall be given to families of other veterans and servicemen.
κ1967 Statutes of Nevada, Page 1269 (CHAPTER 477, AB 149)κ
to families of disabled veterans whose disability has been determined by the Veterans Administration to be service-connected, and second preference shall be given to families of deceased veterans and servicemen whose death has been determined by the Veterans Administration to be service-connected, and third preference shall be given to families of other veterans and servicemen. Second: To families of other veterans and servicemen and as among such families first preference shall be given to families of disabled veterans whose disability has been determined by the Veterans Administration to be service-connected, and second preference shall be given to families of deceased veterans and servicemen whose death has been determined by the Veterans Administration to be service-connected.
2. It may rent or lease to a tenant dwelling accommodations consisting of a number of rooms (but no greater number) which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding.
3. An authority shall not accept any person or persons as tenants in any housing project if the person or persons who occupy the dwelling accommodations have, at the time of admission, an aggregate annual net income, less an exemption of [$100] $200 for each minor member of the family other than the head of the family and his spouse, in excess of [5] 7 times the annual rental of the quarters to be furnished such person or persons; but an authority may agree to conditions as to tenant eligibility or preference required by the Federal Government pursuant to federal law in any contract for financial assistance with the authority. In computing the rental for this purpose of admitting tenants, there shall be included in the rental the average annual cost (as determined by the authority) to occupants of heat, water, electricity, gas, cooking fuel, and other necessary services or facilities, whether or not the charge for such services and facilities is included in the rental.
Sec. 2. NRS 315.580 is hereby amended to read as follows:
315.580 1. In addition to other powers conferred upon an authority by NRS 315.140 to 315.790, inclusive, an authority may acquire property and construct housing projects thereon for the purpose of leasing dwellings to servicemen, veterans and their families, and the families of deceased persons who served in the Armed Forces, at rentals, excluding utilities, of not to exceed $50 per month, during the existence of the acute shortage of housing available to such persons as determined by applicable law or as may be provided for in any contract for financial assistance with the Federal Govenment. [; provided, that the income of such persons will not permit rental payments of more than $50 per month (exclusive of utilities) in housing available through private enterprise.]
2. In exercising the powers provided in this section an authority shall not be subject to the limitations provided in NRS 315.500 or 315.510 during the period of acute housing shortage for veterans and servicemen, and their families and the families of deceased persons who served in the Armed Forces, of moderate income.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1967 Statutes of Nevada, Page 1270κ
Assembly Bill No. 43Mr. White
CHAPTER 478
AN ACT relating to the Nevada historical society; clarifying to what state agency historical material is to be given; authorizing the society to open a commercial bank account and create a petty cash fund; limiting the disposal of material belonging to the society; 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 225.067 is hereby amended to read as follows:
225.067 The secretary of state may:
1. Receive into the archives any material from a state agency which he deems to be of historical value, and shall receive into the archives any other material when so directed by the state board of examiners.
2. With the approval of the state board of examiners, return to the state agency from which it was received any material in the archives which he does not deem to be of historical value.
3. Receive into the archives any material which he deems to be of historical value from, and upon the order or resolution of the governing body of, a city, town or county.
4. With the approval of the state board of examiners, turn over to the Nevada historical society any material in the archives which he deems to be surplus, not properly in the archives or for any other reason appropriate to the custody of the Nevada historical society.
Sec. 2. NRS 239.080 is hereby amended to read as follows:
239.080 1. Upon request made by any state board or officer to the state board of examiners, it shall be lawful for the state board of examiners to order the removal from storage or other place where old and obsolete state papers, books, pamphlets and documents are kept and to order the destruction thereof, if the state board of examiners is satisfied that any such papers, books, pamphlets and documents are no longer of value to the state.
2. The state board of examiners shall keep a record showing when any of the papers, books, pamphlets and documents mentioned in subsection 1 was destroyed, and the kind and nature thereof.
3. If any of the papers, books, pamphlets and documents has a historical value, it may be presented to the [Nevada historical society] secretary of state for preservation [.] in the archives.
4. The provisions of this section are not applicable to the papers, books and documents of the department of highways.
Sec. 3. NRS 239.085 is hereby amended to read as follows:
239.085 1. Whenever the state highway engineer determines that old or obsolete papers, books, pamphlets or documents of the department of highways are no longer of value to the department, he may lawfully order any such papers, books, pamphlets or documents removed from storage and destroyed.
2. The department of highways shall keep a record showing when any of the papers, books, pamphlets and documents mentioned in subsection 1 was destroyed, and the kind and nature thereof.
κ1967 Statutes of Nevada, Page 1271 (CHAPTER 478, AB 43)κ
3. If any of the papers, books, pamphlets and documents has a historical value, it may be presented to the [Nevada historical society] secretary of state for preservation [.] in the archives.
Sec. 4. NRS 239.090 is hereby amended to read as follows:
239.090 1. Subject to the provisions of subsection 2, any state, county, municipal or other official is authorized to turn over to the [Nevada historical society,] secretary of state for permanent preservation [therein,] in the archives, all obsolete official books, records, documents, original papers, newspaper files and printed books not in current use in his office.
2. A state officer shall first obtain the consent and approval of the governor. A county officer shall first obtain the consent of the board of county commissioners. A municipal officer shall first obtain the consent of the city council, and any other officer shall obtain the consent of the department head under which he operates.
3. When so surrendered, copies therefrom shall be made and certified by the [executive officer of the Nevada historical society] secretary of state upon the application of any person interested, which certification shall have all the force and effect as if made by the officer originally in the custody of such records, and for which the same fees shall be charged, to be collected in advance.
Sec. 5. NRS 382.050 is hereby amended to read as follows:
382.050 1. The superintendent of state printing shall cause such number of copies of [each biennial volume of] historical papers issued by the society to be printed as may be ordered by the society. When printed, the copies shall be delivered to the secretary of the Nevada historical society to be sold for the societys benefit, to be exchanged, or to be distributed to its members.
2. All plates for illustrating any volume shall be furnished to the superintendent of state printing by the society, and the costs of printing, binding and transportation shall be paid by the society.
3. The society may sell pamphlets or books prepared solely by or printed for the society which shall be for the purpose of disseminating general or historical information only. The society may deposit the proceeds of such sales in an insured commercial bank account.
4. Funds received by the society from donations, grants or any other source may be deposited in the account provided for in subsection 3. Expenditures of such funds shall be limited to the purpose of the donation, grant or other source of the fund.
5. Checks on the account provided for in subsection 3 may be drawn, and negotiable items endorsed for deposit, by two signatures, one of which shall be that of a director and one of which may be that of an employee. All other claims and disbursements on behalf of the society shall be signed by at least two directors.
Sec. 6. NRS 382.060 is hereby amended to read as follows:
382.060 The Nevada historical society shall preserve all old and obsolete property and obsolete and noncurrent public records presented to it under the provisions of NRS [239.080, 239.085 and 239.090.] 225.067.
Sec. 7. NRS 382.100 is hereby amended to read as follows:
382.100 1. Except as provided in subsection 2, the secretary of the Nevada historical society is prohibited from permitting or allowing any of the files, documents or records of the society to be taken away from the building where the societys offices and rooms are located.
κ1967 Statutes of Nevada, Page 1272 (CHAPTER 478, AB 43)κ
Nevada historical society is prohibited from permitting or allowing any of the files, documents or records of the society to be taken away from the building where the societys offices and rooms are located.
2. The secretary of the society or any duly authorized deputy, clerk or employee temporarily may take any of the files, documents or records from the building for use as evidence or for literary or historical purposes.
3. [This section shall not be construed to prevent the sale or exchange of any duplicates the society may have or obtain.] No property, document or historical material belonging to the society may be sold or given away without the approval of the entire board of directors.
Sec. 8. Chapter 382 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The Nevada historical society is authorized to maintain a petty cash fund in an amount not to exceed $25.
2. All reimbursements to the fund shall be made from appropriated funds by a claim and warrant on the state treasurer as other claims against the state are made.
Sec. 9. This act shall become effective upon passage and approval.
________
Senate Bill No. 488Senator Dodge
CHAPTER 479
AN ACT relating to security interests in crops; to abolish the limitation on the time of attachment of security interests to future crops and the priority of security interests for crop production.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 104.9204 is hereby amended to read as follows:
104.9204 1. A security interest cannot attach until there is agreement (subsection 3 of NRS 104.1201) that it attach and value is given and the debtor has rights in the collateral. It attaches as soon as all of the events in the preceding sentence have taken place unless explicit agreement postpones the time of attaching.
2. For the purposes of this section the debtor has no rights:
(a) In crops until they are planted or otherwise become growing crops, in the young of livestock until they are conceived.
(b) In fish until caught, in oil, gas or minerals until they are extracted, in timber until it is cut.
(c) In a contract right until the contract has been made.
(d) In an account until it comes into existence.
3. Except as provided in subsection 4 a security agreement may provide that collateral, whenever acquired, shall secure all obligations covered by the security agreement.
4. No security interest attaches under an after-acquired property clause [:
κ1967 Statutes of Nevada, Page 1273 (CHAPTER 479, SB 488)κ
(a) To crops which become such more than 1 year after the security agreement is executed except that a security interest in crops which is given in conjunction with:
(1) A lease or a land purchase or improvement transaction evidenced by a contract, mortgage or deed of trust may if so agreed attach to crops to be grown on the land concerned during the period of such real estate transaction.
(2) A security interest in livestock may if so agreed attach to crops and forage, both annual and perennial, which are to be used in feeding or caring for such livestock for a period not to exceed 5 years.
(b) To] to consumer goods other than accessions (NRS 104.9314) when given as additional security unless the debtor acquires rights in them within 10 days after the secured party gives value.
5. Obligations covered by a security agreement may include future advances or other value whether or not the advances or value are given pursuant to commitment.
Sec. 2. NRS 104.9312 is hereby amended to read as follows:
104.9312 1. The rules of priority stated in the following sections shall govern where applicable: NRS 104.4208 with respect to the security interest of collecting banks in items being collected, accompanying documents and proceeds; NRS 104.9301 on certain priorities; NRS 104.9304 on goods covered by documents; NRS 104.9306 on proceeds and repossessions; NRS 104.9307 on buyers of goods; NRS 104.9308 on possessory against nonpossessory interests in chattel paper or nonnegotiable instruments; NRS 104.9309 on security interests in negotiable instruments, documents or securities; NRS 104.9310 on priorities between perfected security interests and liens by operation of law; NRS 104.9313 on security interests in fixtures as against interests in real estate; NRS 104.9314 on security interests in accessions as against interest in goods; NRS 104.9315 on conflicting security interest where goods lose their identity or become part of a product; and NRS 104.9316 on contractual subordination.
2. [A perfected security interest in crops for new value given to enable the debtor to produce the crops during the production season and given not more than 3 months before the crops become growing crops by planting or otherwise takes priority over an earlier perfected security interest to the extent that such earlier interest secures obligations due more than 6 months before the crops become growing crops by planting or otherwise, even though the person giving new value had knowledge of the earlier security interest.] (There is no subsection 2.)
3. A purchase money security interest in inventory collateral has priority over a conflicting security interest in the same collateral if:
(a) The purchase money security interest is perfected at the time the debtor receives possession of the collateral; and
(b) Any secured party whose security interest is known to the holder of the purchase money security interest or who, prior to the date of the filing made by the holder of the purchase money security interest, had filed a financing statement covering the same items or type of inventory, has received notification of the purchase money security interest before the debtor receives possession of the collateral covered by the purchase money security interest; and
κ1967 Statutes of Nevada, Page 1274 (CHAPTER 479, SB 488)κ
(c) Such notification states that the person giving the notice has or expects to acquire a purchase money security interest in inventory of the debtor, describing such inventory by item or type.
4. A purchase money security interest in collateral other than inventory has priority over a conflicting security interest in the same collateral if the purchase money security interest is perfected at the time the debtor receives possession of the collateral or within 10 days thereafter.
5. In all cases not governed by other rules stated in this section (including cases of purchase money security interests which do not qualify for the special priorities set forth in subsections 3 and 4 of this section), priority between conflicting security interests in the same collateral shall be determined as follows:
(a) In the order of filing if both are perfected by filing, regardless of which security interest attached first under subsection 1 of NRS 104.9204 and whether it attached before or after filing;
(b) In the order of perfection unless both are perfected by filing, regardless of which security interest attached first under subsection 1 of NRS 104.9204 and, in the case of a filed security interest, whether it attached before or after filing; and
(c) In the order of attachment under subsection 1 of NRS 104.9204 so long as neither is perfected.
6. For the purpose of the priority rules of the immediately preceding subsection, a continuously perfected security interest shall be treated at all times as if perfected by filing if it was originally so perfected and it shall be treated at all times as if perfected otherwise than by filing if it was originally perfected otherwise than by filing.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 480Committee on Judiciary
CHAPTER 480
AN ACT relating to financing statements under the Uniform Commercial Code; to require the inclusion of the name of the record owner of the real property if crops or fixtures are covered and the indexing of such statements under such name.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 104.9402 is hereby amended to read as follows:
104.9402 1. A financing statement is sufficient if it is signed by the debtor and the secured party, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor and contains a statement indicating the types, or describing the items, of collateral. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches. When the financing statement covers crops growing or to be grown or goods which are or are to become fixtures, the statement must also contain a description of the real estate concerned [.] and the name of the record owner of such real estate.
κ1967 Statutes of Nevada, Page 1275 (CHAPTER 480, SB 480)κ
of the record owner of such real estate. A copy of the security agreement is sufficient as a financing statement if it contains the above information and is signed by both parties.
2. A financing statement which otherwise complies with subsection 1 is sufficient although it is signed only by the secured party when it is filed to perfect a security interest in:
(a) Collateral already subject to a security interest in another jurisdiction when it is brought into this state. Such a financing statement must state that the collateral was brought into this state under such circumstances.
(b) Proceeds under NRS 104.9306 if the security interest in the original collateral was perfected. Such a financing statement must describe the original collateral.
3. A form substantially as follows is sufficient to comply with subsection 1:
Name of debtor (or assignor)....................................................................................................................................................................
Address........................................................................................................................................................................................................
Name of secured party (or assignee).......................................................................................................................................................
Address........................................................................................................................................................................................................
(1) This financing statement covers the following types (or items) of property:
(Describe)...........................................................................................................................................................................
(2) (If collateral is crops) The above described crops are growing or are to be grown on:
(Describe real estate)........................................................................................................................................................
(Record owner of such real estate)...............................................................................................................................
(3) (If collateral is goods which are or are to become fixtures) The above described goods are affixed or to be affixed to:
(Describe real estate) .......................................................................................................................................................
(Record owner of such real estate)...............................................................................................................................
(4) (If proceeds or products of collateral are claimed) Proceeds-Products of the collateral are also covered.
Signature of Debtor (or Assignor)...........................................................................................................................
Signature of Secured Party (or Assignee)..............................................................................................................
4. The term financing statement as used in this article means the original financing statement and any amendments but if any amendment adds collateral, it is effective as to the added collateral only from the filing date of the amendment.
5. A financing statement substantially complying with the requirements of this section is effective even though it contains minor errors which are not seriously misleading.
Sec. 2. NRS 104.9403 is hereby amended to read as follows:
104.9403 1. Presentation for filing of a financing statement and tender of the filing fee or acceptance of the statement by the filing officer constitutes filing under this article.
2. A filed financing statement which states a maturity date of the obligation secured of 5 years or less is effective until such maturity date and thereafter for a period of 60 days. Any other filed financing statement is effective for a period of 5 years from the date of filing. The effectiveness of a filed financing statement lapses on the expiration of such 60-day period after a stated maturity date or on the expiration of such 5-year period, as the case may be, unless a continuation statement is filed prior to the lapse.
κ1967 Statutes of Nevada, Page 1276 (CHAPTER 480, SB 480)κ
period after a stated maturity date or on the expiration of such 5-year period, as the case may be, unless a continuation statement is filed prior to the lapse. Upon such lapse the security interest becomes unperfected. A filed financing statement which states that the obligation secured is payable on demand is effective for 5 years from the date of filing.
3. A continuation statement may be filed by the secured party:
(a) Within 6 months before and 60 days after a stated maturity date of 5 years or less; and
(b) Otherwise within 6 months prior to the expiration of the 5-year period specified in subsection 2. Any such continuation statement must be signed by the secured party, identify the original statement by file number and state that the original statement is still effective. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for 5 years after the last date to which the filing was effective whereupon its lapses in the same manner as provided in subsection 2 unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it.
4. A filing officer shall mark each original financing statement with a consecutive file number and with the date and hour of filing and shall hold the statement for public inspection. In addition the filing officer shall index the statements according to the name of the debtor [and shall] and the name of the record owner of the real property as given in the financing statement. The filing officer shall also note in the [index] indexes the file number and the address of the debtor given in the statement.
5. The uniform fee for filing, indexing and furnishing filing data for an original or a continuation statement on a form conforming to standards prescribed by the secretary of state for the state as a whole or by a county recorder for his individual county shall be $2, and in all other cases $3.
Sec. 3. This act shall become effective at 12:02 a.m. on July 1, 1967.
________
Senate Bill No. 349Committee on Taxation
CHAPTER 481
AN ACT to amend chapter 463 of NRS, relating to the licensing and control of gambling, by adding new sections requiring the Nevada gaming commission to adopt regulations concerning the financial practices of licensees; providing for penalties; 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. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. The commission shall, with the advice and assistance of the board, adopt regulations conforming to the requirements of sections 3 to 7, inclusive, of this act.
κ1967 Statutes of Nevada, Page 1277 (CHAPTER 481, SB 349)κ
board, adopt regulations conforming to the requirements of sections 3 to 7, inclusive, of this act.
Sec. 3. The commission shall by regulation:
1. Prescribe minimum procedures for adoption by each nonrestricted licensee to exercise effective control over its internal fiscal affairs, which shall include but are not limited to provisions for:
(a) The safeguarding of its assets and revenues, especially the recording of cash and evidences of indebtedness; and
(b) The provision of reliable records, accounts and reports of transactions, operations and events, including reports to the board and the commission.
2. Provide for the adoption and use of internal audits, whether by qualified internal auditors or by accountants holding a permit to practice public accounting, in the case of each nonrestricted licensee whose operation equals or exceeds a specified size. As used in this subsection, internal audit means a type of control which operates through the testing and evaluation of other controls and which is also directed toward observing proper compliance with the minimum standards of control prescribed pursuant to subsection 1.
Sec. 4. The commission shall by regulation require periodic financial reports from each nonrestricted licensee, and:
1. Specify standard forms for reporting financial condition, results of operations and other relevant financial information.
2. Formulate a uniform code of accounts and accounting classifications to assure consistency, comparability and effective disclosure of financial information.
3. Prescribe the intervals at which such information shall be furnished. For this purpose the commission may classify licensees by size of operation.
Sec. 5. 1. The commission shall by regulation require audits of the financial statements of nonrestricted licensees. Such audits shall be made not less frequently than once a year and whenever the ownership of a nonrestricted licensee changes. The audits shall be made by independent accountants holding permits to practice public accounting in the State of Nevada.
2. Regulations for such audits shall require, among other things, that:
(a) The independent accountants shall submit an audit report which shall express an unqualified or qualified opinion or, if appropriate, disclaim an opinion on the statements taken as a whole in accordance with standards for the accounting profession established by rules and regulations of the Nevada state board of public accountants, but the preparation of statements without audit does not constitute compliance.
(b) The examination and audit shall disclose whether the accounts, records and control procedures maintained by the licensee are as required by the regulations published by the commission pursuant to sections 2 to 7, inclusive, of this act.
Sec. 6. The commission shall by regulation prescribe a scale of penalties, financial and otherwise, to be imposed on nonrestricted licensees for noncompliance with its regulations.
Sec. 7. The commission shall by regulation provide for:
1. The organization of the boards audit function in conformity with other accounting and auditing provisions of its regulations and with acceptable and modern auditing practices.
κ1967 Statutes of Nevada, Page 1278 (CHAPTER 481, SB 349)κ
other accounting and auditing provisions of its regulations and with acceptable and modern auditing practices.
2. The organization and administration of an economic research and planning function by a central body which shall gather, evaluate and disseminate facts regarding the economics of the gaming industry and economic conditions affecting the industry. The regulations shall include provision for the organizational status of this body, its staffing structure, and a budget for its operations.
Sec. 8. The fiscal analyst shall in performing his regular audits of the commission and the board, and in addition whenever so directed by a concurrent resolution of the legislature, ascertain whether the control and related practices prescribed by sections 3 to 7, inclusive, of this act are being efficiently, effectively and equitably administered.
Sec. 9. The commission shall complete the preparation and adoption of the regulations prescribed by this act on or before November 15, 1967, and shall deliver a printed copy of such regulations to each member of the legislature not less than 2 weeks prior to its next regular or special session after that date.
Sec. 10. This act shall become effective upon passage and approval.
________
Senate Bill No. 487Senator Dodge
CHAPTER 482
AN ACT to amend NRS 6.020, relating to exemptions from service as jurors, by providing an exemption for employees of the legislature and the legislative counsel bureau while the legislature is in session.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 6.020 is hereby amended to read as follows:
6.020 1. Upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no other, shall be exempt from service as grand or trial jurors:
(a) Any federal or state officer.
(b) Any judge, justice of the peace or attorney at law.
(c) Any county clerk, recorder, assessor, sheriff or constable.
(d) Any physician, dentist, graduate nurse or registered pharmacist.
(e) Any mortician, undertaker or licensed embalmer.
(f) Any locomotive engineer, locomotive fireman, conductor, brakeman, switchman or engine foreman.
(g) Any stationary engineer.
(h) Any minister of the gospel.
(i) Any telegraph or telephone operator.
(j) Any mail carrier engaged in the actual carrying of the United States mail on a regular mail route.
(k) Any teacher, principal or superintendent actually engaged in teaching or in the supervision of teaching in the public schools of this state, and any member of the faculty of the University of Nevada, shall be exempt from jury duty during the session of the public schools or university of this state in which he is employed.
κ1967 Statutes of Nevada, Page 1279 (CHAPTER 482, SB 487)κ
and any member of the faculty of the University of Nevada, shall be exempt from jury duty during the session of the public schools or university of this state in which he is employed. Nothing in this paragraph shall excuse or be construed to excuse any teacher, principal, superintendent or university faculty member from jury duty during school vacation, except when he is taking training in his professional work or in finishing his school reports and other matters incident thereto within 1 month of the day of the closing of the school in which he is employed, or in preparation for the opening of school during the 2 weeks immediately preceding the opening of school.
(l) Members and officers of paid and volunteer fire departments and members of exempt firemens associations, societies or organizations, as follows:
(1) One-half of all members of each regularly enrolled fire company in this state, the one-half to be determined by the several fire companies, respectively, and not more than 10 officers for each company. In all cities and towns wherein there is a paid fire department, after such fire department shall have been organized and put into operation, not more than 150 members and officers shall be exempt. In all cities and towns wherein there is a volunteer fire department, after such volunteer fire department shall have been organized and put into operation, not more than 50 members and officers shall be exempt.
(2) Any person who now is or who may hereafter become a member of any exempt firemens association, society or organization within this state, but such exemption shall not extend to any member of such association, society or organization unless prior to becoming a member of the same the member shall have served as an active fireman in some regularly organized fire department in this state for a period of 3 years, or shall have served as an active fireman in some regularly organized volunteer fire department in this state for a period of 5 years.
(m) Any officer or correctional officer employed by the Nevada state prison.
(n) Any employee of the legislature or the legislative counsel bureau while the legislature is in session.
2. Any person liable to grand or trial jury duty residing 60 or more miles distant from the county seat of his county shall be exempt from service on either grand or trial juries for the period of 1 year upon:
(a) Making affidavit to the fact that he so resides, and filing the same with the clerk of the district court of the district in which his county is situated; and
(b) Paying to the clerk the sum of $25.
Upon receipt of the affidavit and sum, the clerk shall deliver to such person a certificate stating the fact of such receipts, and thereafter, for the period of 1 year from the date of payment, the name of such person shall not be placed in the jury box, nor shall such person be selected as a grand or trial juror. The clerk, upon receipt of the sum of $25, shall deliver the same to the county treasurer of his county, and the county treasurer shall immediately place the same to the credit of the general fund of the county.
3. Any woman who shall file in the office of the county clerk, on or before the 1st day of January, a written statement claiming exemption from jury duty, shall thereafter for the period of 1 year, commencing January 1 and ending December 31, be exempt from grand or trial jury duty.
κ1967 Statutes of Nevada, Page 1280 (CHAPTER 482, SB 487)κ
from jury duty, shall thereafter for the period of 1 year, commencing January 1 and ending December 31, be exempt from grand or trial jury duty.
4. All persons of the age of 65 years or over are exempt from serving as grand or trial jurors. Whenever it shall appear to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 65 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 109Senators Monroe and Young
CHAPTER 483
AN ACT relating to historical markers; providing for the placement and registry of historical markers; providing for their maintenance and protection; 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 407.011 is hereby amended to read as follows:
407.011 As used in this chapter, unless the context requires otherwise:
1. Administrator means the administrator of the Nevada state park system.
2. Commission means the state park advisory commission.
3. Division means the division of state parks of the state department of conservation and natural resources.
4. System means the Nevada state park system.
Sec. 2. NRS 407.074 is hereby amended to read as follows:
407.074 The system shall maintain and protect all existing historical markers [, including] erected pursuant to the provisions of this chapter and those markers installed by the State Centennial Historical Markers Committee.
Sec. 3. Chapter 407 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The division shall have the authority and responsibility to establish the qualifications and standards for an historical markers program, to designate and inventory qualified sites on both public and privately owned lands and to place and maintain historical markers on all public lands and all private lands when the owner thereof consents.
2. The division shall establish a state historical markers registry system into which shall be incorporated the historical markers installed by the State Centennial Historical Markers Committee.
3. To determine the content of the legend on all markers, the division shall consult with the Nevada historical society, which shall have the final authority to determine the content of any legend.
κ1967 Statutes of Nevada, Page 1281 (CHAPTER 483, SB 109)κ
4. The division may contract with, or cooperate with, public or private agencies for suitable markers and directional signs, including signs on highways and roads, at the site of, or on the approaches to, registered historical markers. All such markers shall conform to the recommendations of the division.
5. The division shall solicit the cooperation of owners of private property for the installation of historical markers on such properties or structures in order that they may be included in the state historical marker registry.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 126Committee on Transportation
CHAPTER 484
AN ACT relating to the sale of repossessed vehicles and construction equipment; specifying the duration, contents and effect of the required notice of sale; 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 104.9203 is hereby amended to read as follows:
104.9203 1. Subject to the provisions of NRS 104.4208 on the security interest of a collecting bank and NRS 104.9113 on a security interest arising under the article on sales, a security interest is not enforcible against the debtor or third parties unless:
(a) The collateral is in the possession of the secured party; or
(b) The debtor has signed a security agreement which contains a description of the collateral and in addition, when the security interest covers crops or oil, gas or minerals to be extracted or timber to be cut, a description of the land concerned. In describing collateral, the word proceeds is sufficient without further description to cover proceeds of any character.
2. A transaction, although subject to this article, is also subject to chapters 97, 646, 649, and 675 of NRS [,] and to sections 3 and 4 of this act, and in the case of conflict between the provisions of this article and any such statute, the provisions of such statute control. Failure to comply with any applicable statute has only the effect which is specified therein.
Sec. 2. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. Any provision in any conditional sale contract for the sale of a vehicle to the contrary notwithstanding, at least 10 days written notice of intent to sell a repossessed vehicle must be given to all persons liable on the contract. The notice shall be given in person or shall be sent by mail directed to the address of the persons shown on the contract, unless such persons have notified the holder in writing of a different address.
κ1967 Statutes of Nevada, Page 1282 (CHAPTER 484, SB 126)κ
unless such persons have notified the holder in writing of a different address.
2. The notice:
(a) Shall set forth that there is a right to redeem the vehicle and the total amount required as of the date of the notice to redeem;
(b) May inform such persons of their privilege of reinstatement of the contract, if the holder extends such privilege;
(c) Shall give notice of the holders intent to resell the vehicle at the expiration of 10 days from the date of giving or mailing the notice;
(d) Shall disclose the place at which the vehicle will be returned to the buyer upon redemption or reinstatement; and
(e) Shall designate the name and address of the person to whom payment shall be made.
3. During the period provided under the notice, the person or persons liable on the contract may pay in full the indebtedness evidenced by the contract. Such persons shall be liable for any deficiency after sale of the repossessed vehicle only if the notice prescribed by this section is given within 60 days of repossession and includes the following:
(a) A notice, in at least eight-point bold type if the notice is printed, reading as follows: Notice: You are subject to suit and liability if the amount obtained upon sale of the vehicle is insufficient to pay the contract balance and any other amounts due.
(b) An itemization of the contract balance and of any delinquency, collection or repossession costs and fees. In addition, the notice shall either set forth the computation or estimate of the amount of any credit for unearned finance charges or canceled insurance as of the date of the notice or shall state that such a credit may be available against the amount due.
Sec. 4. 1. All the provisions of section 3 of this act apply equally to the repossession of any article of construction equipment pursuant to a contract of conditional sale.
2. As used in this section, construction equipment includes without limitation all earth-moving, erecting, excavating and rigging machinery, whether self-propelled or towed, and any auxiliary vehicle used for towing or transporting such machinery.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 433Committee on Judiciary
CHAPTER 485
AN ACT relating to gaming; to prohibit the manufacture or sale of cheating games or devices; providing penalties; 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. Chapter 465 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. It is unlawful:
κ1967 Statutes of Nevada, Page 1283 (CHAPTER 485, SB 433)κ
(a) To conduct, carry on, operate, deal or allow to be conducted, carried on, operated or dealt any cheating or thieving game or device; or
(b) To deal, conduct, carry on, operate or expose for play any game or games played with cards, dice or any mechanical device, or any combination of games or devices, which have in any manner been marked or tampered with to deceive the public or equipped with electrical or any other device whatever which might render the game more liable to win or lose.
2. The use of marked cards, loaded dice, plugged or tampered-with machines or devices to deceive the public is expressly made unlawful.
3. Any violation of the provisions of this section is a gross misdemeanor.
Sec. 3. 1. It is unlawful to manufacture or sell:
(a) Any cheating or thieving game or device;
(b) Any game or games played with cards, dice or any mechanical device; or
(c) Any combination of such games or devices,
which may have in any manner been marked or tampered with to deceive the public.
2. Any violation of the provisions of this section is a gross misdemeanor.
Sec. 4. 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:
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)
κ1967 Statutes of Nevada, Page 1284 (CHAPTER 485, SB 433)κ
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. 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.
κ1967 Statutes of Nevada, Page 1285 (CHAPTER 485, SB 433)κ
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 shall be issued only when the commission believes that:
(1) There has been a violation of [NRS 463.340;] section 2 of this act;
(2) Such action is necessary to prevent a violation of [NRS 463.340;] section 2 of this act; 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 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.
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.
κ1967 Statutes of Nevada, Page 1286 (CHAPTER 485, SB 433)κ
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)
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;
κ1967 Statutes of Nevada, Page 1287 (CHAPTER 485, SB 433)κ
(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 in 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. 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.
κ1967 Statutes of Nevada, Page 1288 (CHAPTER 485, SB 433)κ
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. 5. NRS 463.340 is hereby repealed.
Sec. 6. This act shall become effective at 12:01 a.m. on July 1, 1967.
________
Senate Bill No. 222Senator Young
CHAPTER 486
AN ACT relating to the involuntary dismissal of civil actions for want of prosecution; 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. Chapter 17 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The district court may in its discretion dismiss any action for want of prosecution on motion of the defendant and after due notice to the plaintiff, whenever the plaintiff has failed for 3 years after the action is filed to bring such action to trial.
2. Any action commenced prior to or after the effective date of this act shall be dismissed by the court in which the same has been commenced or to which it may be transferred on motion of the defendant, after due notice to the plaintiff or by the court upon its own motion, unless such action is brought to trial within 7 years after the plaintiff has filed his action, except where the parties have stipulated in writing that the time may be extended.
κ1967 Statutes of Nevada, Page 1289 (CHAPTER 486, SB 222)κ
after due notice to the plaintiff or by the court upon its own motion, unless such action is brought to trial within 7 years after the plaintiff has filed his action, except where the parties have stipulated in writing that the time may be extended.
3. When, in any action after judgment, a motion for a new trial has been made and a new trial granted, such action shall be dismissed on motion of the defendant after due notice to the plaintiff, or by the court of its own motion, if no appeal has been taken, unless such action is brought to trial within 5 years after the entry of the order granting a new trial, except when the parties have stipulated in writing that the time may be extended.
4. When in an action after judgment, an appeal has been taken and judgment reversed with cause remanded for a new trial (or when an appeal has been taken from an order granting a new trial and such order is affirmed on appeal), the action must be dismissed by the trial court on motion of the defendant after due notice to the plaintiff, or of its own motion, unless brought to trial within 5 years from the date upon which remittitur is filed by the clerk of the trial court.
5. A dismissal under this section is a bar to another action upon the same claim for relief against the same defendants unless the court otherwise provides.
Sec. 2. This act shall become effective on July 1, 1967, and shall apply to all civil actions commenced prior to or after the effective date of this act.
________
Senate Bill No. 66Committee on Judiciary
CHAPTER 487
AN ACT relating to marriage; to provide for the issuance by county clerks of certificates of permission to perform marriages; to repeal the former provision for the issuance of such certificates by district judges; to validate certain marriages; 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. Chapter 122 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. 1. Any licensed or ordained minister in good standing within his denomination, whose denomination, governing body and church, or any of them, are incorporated or organized or established in the State of Nevada, may join together as husband and wife persons who present a marriage license obtained from any county clerk of the state, if such minister first obtains a certificate of permission to perform marriages as provided in this section. The fact that a minister is retired shall not disqualify him from obtaining a certificate of permission to perform marriages if, prior to such retirement, he had active charge of a congregation within this state for a period of at least 3 years.
κ1967 Statutes of Nevada, Page 1290 (CHAPTER 487, SB 66)κ
2. A temporary replacement for a licensed or ordained minister certified pursuant to this section may solemnize marriages pursuant to subsection 1 during such time as he may be authorized to do so by the county clerk in the county in which he is a temporary replacement, for a period not to exceed 90 days. The minister whom he temporarily replaces shall provide him with a written authorization which shall state the period of time during which it is effective.
Sec. 3. 1. A certificate of permission may be obtained only from the county clerk of the county in which the minister resides, after the filing of a proper application. The application shall:
(a) Be in writing and verified by the applicant or his superior.
(b) Show the date of licensure or ordination, or both, of the minister, and the name of the denomination, governing body and church, or any of them, with which he is affiliated.
(c) Be accompanied by two copies of the denominational standing of the applicant, one of which the county clerk shall file with the secretary of state.
2. For the purpose of determining the qualifications of any minister who has filed an application for a certificate, the county clerk with whom such application has been filed may require that:
(a) The congregation of such minister furnish any evidence which the county clerk considers necessary or helpful.
(b) The district attorney and the sheriff conduct an investigation of the background and present activities of such minister.
3. In addition to the requirement of good standing, the county clerk shall before approving an application satisfy himself that:
(a) The applicants ministry is primarily one of service to his congregation or denomination, and that his performance of marriages will be incidental to such service, or, in the case of a retired minister, that his active ministry was of such nature.
(b) No certificate previously issued to the applicant has been canceled for knowing violation of the laws of this state or of the United States.
(c) The applicant has never been convicted of a felony or of any crime of which moral turpitude is an element.
4. The county clerk may require any applicant to submit information in addition to that required by this section.
Sec. 4. 1. If the county clerk approves an application, he shall notify the secretary of state of such approval within 10 days thereafter. After receipt of such notification, the secretary of state shall immediately certify the name of such minister to each county clerk and county recorder in the state.
2. A certificate of permission shall be issued only for the period of July 1 to June 30, inclusive, and if issued after July 1 shall be valid only until the following June 30. All certificates may be renewed annually.
3. If any minister to whom a certificate of permission has been issued severs ties with his congregation or moves from the county in which his certificate was issued, the certificate shall expire immediately upon such severance or move, and the trustee, warden, responsible superior or other officer of the congregation authorized to speak for it shall, within 5 days following the severance or move, give written notice of the fact of such severance or move to the county clerk who issued the certificate.
κ1967 Statutes of Nevada, Page 1291 (CHAPTER 487, SB 66)κ
Sec. 5. 1. Any county clerk who has issued a certificate of permission to a minister may revoke such certificate for good cause shown after hearing.
2. If the certificate of any minister is revoked, the county clerk shall inform the secretary of state of such fact, and the secretary of state shall immediately remove the name of such minister from the list and shall notify each county clerk and county recorder in the state of such fact.
Sec. 6. Any minister whose application for a certificate of permission or renewal is denied, or whose certificate of permission is revoked, is entitled to judicial review of such action in the district court of the county in which such action was taken.
Sec. 7. Each county clerk may prescribe additional regulations, which shall not conflict with the provisions of this chapter, relating to the issuance and revocation of certificates of permission.
Sec. 8. All marriages solemnized by ministers holding certificates of permission issued pursuant to former NRS 122.070 are hereby expressly validated.
Sec. 9. NRS 122.050 is hereby amended to read as follows:
122.050 The marriage license shall be substantially in the following form:
MARRIAGE LICENSE
|
State of Nevada
County of................................. |
} |
ss. |
These presents are to authorize any [licensed clergyman within this state, or any district judge or justice of the peace within his county,] minister who has obtained a certificate of permission, any supreme court justice or district judge within this state, or justice of the peace within his county, to join in marriage ................................ of ............................., in the county of ......................., State of ........................ Previously married? .......... Wife deceased? .......... Divorced? ........... When? ................. Where? ................. On what grounds? .......................... And .............................. of ............................., in the county of .........................., State of ........................... Previously married? ........... Husband deceased? .......... Divorced? ........... When? ............... Where? ............... On what grounds? ..........................; and to certify the same according to law.
Witness my hand and the seal of the district court of the ............................ judicial district of the State of Nevada, in and for the county of ..........................., this ............ day of ....................... A. D. 19.........
.......................................................................................
(Seal) Clerk
.......................................................................................
Deputy clerk
Sec. 10. 1. Every certificate of permission to perform marriages issued pursuant to former NRS 122.070 which is in effect on the date of approval of this act shall expire 30 days after the date of such approval.
2. Every certificate of permission to perform marriages which is issued pursuant to this act prior to July 1, 1967, shall expire on July 1, 1967.
κ1967 Statutes of Nevada, Page 1292 (CHAPTER 487, SB 66)κ
Sec. 11. NRS 122.070 is hereby repealed.
Sec. 12. This act shall become effective upon passage and approval for the purpose of issuing certificates of permission to perform marriages. For all other purposes, this act shall become effective 30 days after the date of its approval.
________
Assembly Bill No. 139Mrs. Brookman
CHAPTER 488
AN ACT to amend chapter 412 of NRS, relating to the state militia, by repealing existing sections and adding new sections providing for the structural and functional organization of the Nevada National Guard; creating a department of the military; adopting a Nevada Code of Military Justice; providing penalties; 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. Chapter 412 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 240, inclusive, of this act.
Sec. 2. As used in this chapter the words and terms defined in sections 3 to 7, inclusive, of this act shall, unless the context otherwise requires, have the meaning ascribed to them in such sections.
Sec. 3. Department means the department of the military.
Sec. 4. Department regulations means regulations issued by the governor and regulations promulgated by the department of the military subject to the approval of the governor.
Sec. 5. Officer means commissioned or warrant officer.
Sec. 6. Reservists means members of the Nevada National Guard Reserve.
Sec. 7. Volunteers means members of volunteer organizations licensed by the governor.
Sec. 8. 1. The militia of the state is composed of the Nevada National Guard and, when called into active service by the governor, the Nevada National Guard Reserve and any volunteer organizations licensed by the governor.
2. The Nevada National Guard is an organized body of enlisted personnel between the ages of 17 and 64 years and commissioned officers between the ages of 18 and 62 years, divided into the Nevada Army National Guard and the Nevada Air National Guard.
3. The Nevada National Guard Reserve is an unorganized body comprising all able-bodied male residents of the state between the ages of 17 and 64 years who:
(a) Are not serving in any force of the Nevada National Guard;
(b) Are or have declared their intention to become citizens of the United States; and
(c) Are not exempted from military duty under the laws of this state or the United States.
κ1967 Statutes of Nevada, Page 1293 (CHAPTER 488, AB 139)κ
4. If a volunteer organization is formed and becomes licensed by the governor, it shall consist of an organized body of able-bodied male residents of the state between the ages of 17 and 64 years who are not serving in any force of the Nevada National Guard and who are or who have declared their intention to become citizens of the United States.
Sec. 9. The following persons are exempt from militia service:
1. Persons exempt from militia service by the laws of the United States.
2. Regular or duly ordained ministers of religion, or duly elected church officials regularly conducting church services, or those recognized by their church as devoting the major portion of their time to the practice of religion.
3. Students preparing for the ministry in accredited theological or divinity schools.
4. Persons whose religious tenets or conscientious scruples forbid them to bear arms.
Sec. 10. In addition to the powers and duties prescribed in this chapter, all officers of the Nevada National Guard have the same powers and shall perform the same duties as officers of similar rank and position in the United States Army or United States Air Force, respectively, insofar as may be authorized by federal law. They are authorized to administer oaths in all matters connected with the service.
Sec. 11. The governor, by virtue of his office, is the commander in chief of the militia of the state, and may issue regulations for the government of the militia. In issuing such regulations, the governor may give consideration to the laws and regulations of the United States relating to the organization, discipline and training of the militia, to the provisions of this chapter and to the laws and regulations governing the United States Army and United States Air Force. The military rules and regulations in force on the effective date of this act shall remain in force until new rules and regulations are approved and promulgated.
Sec. 12. All matters relating to the organization, discipline and government of the Nevada National Guard not otherwise provided for in this chapter or in department regulations shall be decided by the custom and usage of the United States Army or United States Air Force, respectively.
Sec. 13. 1. The governor may order the Nevada National Guard or any part thereof to serve outside the borders of this state or of the United States in order to perform military duty of every description and to participate in parades, reviews, conferences, encampments, maneuvers or other training, and to participate in small arms and other military competitions and to attend service schools.
2. The provisions of this chapter apply to the members of the Nevada National Guard while serving without the state and while going to and returning from such service without the state in like manner and to the same extent as while serving within the state.
Sec. 14. 1. The military staff of the governor consists of the adjutant general, not more than two assistant adjutants general and personal aides-de-camp to the governor selected from the commissioned officers of the Nevada National Guard or from reserve officers of the Armed Forces of the United States who are residents of Nevada and who are not serving on extended active duty.
κ1967 Statutes of Nevada, Page 1294 (CHAPTER 488, AB 139)κ
2. Officers detailed as personal aides-de-camp under this section shall not be relieved from their ordinary duties except when actually on duty with the governor.
3. The military staff of the governor shall perform such ceremonial functions and duties as the governor may prescribe.
Sec. 15. 1. The governor shall appoint an adjutant general who shall hold office for a 4-year term or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial. The current term of an adjutant general shall continue until its prescribed expiration date while such adjutant general is serving in a federal active duty status under an order or call by the President of the United States.
2. To be eligible for appointment to the office of adjutant general, a person must be an officer of the Nevada National Guard, federally recognized in the grade of lieutenant colonel or higher, and must have completed at least 6 years service in the Nevada National Guard as a federally recognized officer, 3 years of which must be immediately prior to his appointment.
3. The adjutant general may be appointed in the grade of lieutenant colonel or higher, but not exceeding that of major general. If appointed in a lower grade, he may be promoted by the governor to any grade not exceeding that of major general.
Sec. 16. 1. The adjutant general shall receive an annual salary as provided by law.
2. Before entering upon the duties of his office, the adjutant general shall give a bond to the people of the State of Nevada, with a corporate surety which is authorized to do business in this state, in the sum of $10,000, conditioned that he shall perform faithfully all the duties enjoined upon him by law. The premium for such bond shall be paid by the department.
3. The adjutant general shall be reimbursed for his actual and necessary traveling expenses as provided by NRS 281.160.
4. The adjutant general shall not hold any city, county, state or federal office of profit while serving as adjutant general.
Sec. 17. The adjutant general shall be the chief of staff to the governor, the director of the department of the military and the commander of the Nevada National Guard, and shall:
1. Be responsible, under the direction of the governor, for the supervision of all matters pertaining to the administration, discipline, mobilization, organization and training of the Nevada National Guard, Nevada National Guard Reserve and volunteer organizations licensed by the governor.
2. Perform all duties required of him by the laws of the United States and of the State of Nevada, and the regulations issued thereunder.
3. Employ such deputies, assistants and other personnel as he deems necessary to assist him in the performance of those duties required of him as director of the department. He may, in his discretion, so employ either members of the Nevada National Guard or civilian personnel. All deputies, assistants and other personnel shall be appointed in accordance with the provisions of chapter 284 of NRS and their duties shall be prescribed by department regulations. All such employees shall be in the unclassified service except civilian clerical and custodial employees, who shall be in the classified service.
κ1967 Statutes of Nevada, Page 1295 (CHAPTER 488, AB 139)κ
unclassified service except civilian clerical and custodial employees, who shall be in the classified service.
Sec. 18. The adjutant general shall:
1. Supervise the preparation and submission of all such returns and reports pertaining to the militia of the state as may be required by the United States.
2. Be the channel of official military correspondence with the governor, and shall, on or before November 1 of each even-numbered year, make a report to the governor of the transactions, expenditures and condition of the Nevada National Guard. The report shall include the report of the United States Property and Fiscal Officer.
3. Be the custodian of records of officers and enlisted men and all other records and papers required by law or regulations to be filed in his office. He may deposit with the division of archives in the office of the secretary of state for safekeeping in the secretary of states official custody records of his office that are used for historical purposes rather than the administrative purposes assigned to his office by law.
4. Attest all military commissions issued and keep a roll of all commissioned officers, with dates of commission and all changes occurring in the commissioned forces.
5. Record, authenticate and communicate to troops and individuals of the militia all orders, instructions and regulations.
6. Cause to be procured, printed and circulated to those concerned all books, blank forms, laws, regulations or other publications governing the militia needful to the proper administration, operation and training thereof or to carry into effect the provisions of this chapter.
7. Have an appropriate seal of office and affix its impression to all certificates of record issued from his office, which shall be received in evidence in all cases.
8. Render such professional aid and assistance and perform such military duties, not otherwise assigned, as may be ordered by the governor.
9. In time of peace, perform the duties of quartermaster general and chief of ordnance.
Sec. 19. 1. The adjutant general may appoint two assistant adjutants general, one each from the Nevada Army National Guard and the Nevada Air National Guard, who may serve as chief of staff for army and chief of staff for air, respectively, at the pleasure of the adjutant general or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial.
2. To be eligible for appointment to the office of assistant adjutant general, a person must be an officer of the Nevada National Guard, federally recognized in the grade of lieutenant colonel or higher, and must have completed at least 6 years service in the Nevada National Guard as a federally recognized officer, 3 years of which must be immediately prior to his appointment.
3. An assistant adjutant general may be appointed in the grade of lieutenant colonel or higher, but not exceeding that of brigadier general. He may be promoted by the governor to any grade not exceeding that of brigadier general.
κ1967 Statutes of Nevada, Page 1296 (CHAPTER 488, AB 139)κ
4. The assistant adjutants general shall perform such duties as may be assigned by the adjutant general.
5. Whoever serves as chief of staff for army shall receive an annual salary as provided by law and shall not hold any other city, county, state or federal office of profit.
6. In the event of the absence or inability of the adjutant general to perform his duties, he shall designate by department regulations:
(a) One of the assistant adjutants general to perform the duties of his office as acting adjutant general.
(b) If neither assistant adjutant general is available, any national guard officer to be the acting adjutant general.
The designated assistant adjutant general or designated officer shall continue to receive his authorized salary while so serving as acting adjutant general, and shall so serve until the adjutant general is again able to perform the duties of his office, or if such office is vacant, until an adjutant general is regularly appointed and qualified. While so serving, he shall give to the state a fidelity bond in the same sum as is required from the adjutant general.
Sec. 20. 1. If the federally recognized Nevada National Guard, or any portion thereof, is called or ordered to active federal duty by the President, and if such call or order includes the adjutant general and assistant adjutants general, the governor may appoint an acting adjutant general who shall assume the responsibilities and powers and perform all duties required of the adjutant general, and who shall be selected from the federally recognized officers not called or ordered to active duty and who meet the qualifications established for the appointment of an adjutant general, or if no such officer is available, then from the following:
(a) Inactive or retired officers of the Nevada National Guard.
(b) Army or Air Force officers who are inactive or have retired and are residents of the State of Nevada.
2. If, on the occurrence of a vacancy in the office of adjutant general, there is no duly qualified and appointed assistant adjutant general, the governor may designate an acting adjutant general who shall assume temporarily the responsibilities and powers and perform all duties required of the adjutant general until such time as an adjutant general is regularly appointed and qualified. An acting adjutant general designated under this provision shall have the same qualifications as are required for the appointment of an adjutant general.
3. The acting adjutant general serving under the terms of this section shall be compensated as determined by the governor, but the amount shall not exceed that authorized for a regularly appointed adjutant general.
4. The acting adjutant general, before entering upon the duties of his office, shall give to the state a fidelity bond in the same manner and in the same sum as is required from the adjutant general. The premium for such bond shall be paid by the department.
Sec. 21. 1. The adjutant general shall recommend to the governor, who shall appoint, designate or detail, subject to the approval of the Secretary of the Army and the Secretary of the Air Force, a qualified commissioned officer of the Nevada National Guard who is also a commissioned officer of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be, to be the United States Property and Fiscal Officer for Nevada.
κ1967 Statutes of Nevada, Page 1297 (CHAPTER 488, AB 139)κ
Air National Guard of the United States, as the case may be, to be the United States Property and Fiscal Officer for Nevada. If the officer is not on active federal duty, the President may order him to active duty, with his consent, to serve as a Property and Fiscal Officer as provided in 32 U.S.C. § 708. The United States Property and Fiscal Officer shall function under the direction of the adjutant general, and cooperate fully with National Guard Regulations and Air National Guard Regulations and the regulations and policies of the Departments of the Army and Air Force. The United States Property and Fiscal Officer may serve until 60 years of age if otherwise qualified.
2. As long as the position of the United States Property and Fiscal Officer is covered by a position schedule bond authorized by the United States Code, and such position bonding is automatic upon acceptance of property accountability, no further bonding action on the part of the state or the individual appointed shall be required.
Sec. 22. The attorney general, when so requested, shall give the adjutant general his opinion upon all legal questions pertaining to the military interests of the state.
Sec. 23. 1. The department of the military is hereby established. The department, under the direction of the governor, is responsible as provided in this chapter for the supervision of the military affairs of the state.
2. The department shall prepare and promulgate necessary rules and regulations for the organization, government, armament, equipment, training and compensation of the militia of the state in conformity with the provisions of this chapter and the laws of the United States. Rules and regulations so made shall be subject to the approval of the governor.
3. The department shall make such changes in the military organization of the Nevada National Guard as are necessary from time to time to conform to the requirements of the laws of the United States and the directives of the National Guard Bureau.
4. The department shall fix the location of the units and headquarters of the Nevada National Guard, and shall, subject to the approval of the National Guard Bureau, transfer, attach, consolidate or inactivate any organization or unit when in its judgment the efficiency of the present organization will be increased thereby.
5. The department shall have the power to establish and continue awards and decorations and to approve the design therefor, which shall conform to the requirements of the laws of the United States and the directives of the National Guard Bureau.
Sec. 24. The enumeration of duties and functions in sections 23 to 41, inclusive, of this act shall not be deemed exclusive nor construed as a limitation on the powers and authorities vested in the department by other provisions of law.
Sec. 25. 1. The department shall be under the supervision and control of the adjutant general, who shall also serve as director of the department.
2. The adjutant general shall be responsible for the performance of the duties imposed upon the department, and for such other duties as may be prescribed by this chapter or by the governor.
Sec. 26. The adjutant general shall organize and reorganize the department as necessary to the accomplishment of its functions and duties.
κ1967 Statutes of Nevada, Page 1298 (CHAPTER 488, AB 139)κ
department as necessary to the accomplishment of its functions and duties. Such organization or reorganization shall be approved by the governor prior to implementation.
Sec. 27. Army and air technicians are civilian employees authorized by National Guard Bureau directives and paid from federal funds allocated to the state. As such they are state employees and are subject to the jurisdiction and control of the department.
Sec. 28. 1. Members of the militia of the state who are ordered to state active duty under the provisions of this chapter shall be considered as being temporary employees of the state.
2. Regular employees of the department may be ordered to state active duty under this chapter without jeopardizing their status as regular employees. Employees so ordered must be in an authorized leave status from their regular military department employment during the period served on active duty.
Sec. 29. Any officer or employee of any department, agency or institution, or of any county, city or other political subdivision of the State of Nevada, who is an active member of the Nevada National Guard shall be relieved from his duties, upon request, to serve under orders on training duty without loss of his regular compensation for a period not to exceed 15 working days in any I calendar year. Any such absence shall not be deemed to be such employees annual vacation provided for by law.
Sec. 30. Unless otherwise specially provided in this chapter, the state controller shall draw warrants on the state treasury for all authenticated bills of the department as approved by the adjutant general or the person designated by him, in favor of the persons to whom the state is indebted for military purposes.
Sec. 31. The adjutant general may accept, receive and receipt for moneys made available from the Federal Government in connection with any type service contracts for federal property used by the state. All federal moneys received by the adjutant general under this section shall be deposited in the state treasury.
Sec. 32. The moneys received by the adjutant general from fines imposed by courts-martial shall be deposited in the state permanent school fund and moneys received from other miscellaneous sources shall be deposited in the general fund in the state treasury.
Sec. 33. 1. The department shall adopt and provide suitable medals, prizes or other awards for the promotion of rifle practice by duly organized rifle clubs of the Nevada State Rifle Association and organizations and individuals of the Nevada National Guard.
2. The adjutant general shall encourage and promote rifle and pistol practice by Nevada clubs affiliated with the National Rifle Association of America, and select and appoint representatives from such clubs to attend the annual national rifle and pistol matches. Not more than $1,000 of the amount appropriated for the support of the adjutant generals office may be used annually in the purchase of ammunition to be used by such rifle clubs, which ammunition shall be sold at cost plus transportation charges.
Sec. 34. The word armory as used in sections 35 to 41, inclusive, of this act means any building, together with the grounds upon which it is situated, used for the storage and maintenance of military property or the training of troops, and in addition real property acquired or held in contemplation of such use.
κ1967 Statutes of Nevada, Page 1299 (CHAPTER 488, AB 139)κ
training of troops, and in addition real property acquired or held in contemplation of such use.
Sec. 35. 1. The department shall have control of armories and shall prescribe the regulations governing the same. All state and United States property must, as far as possible, be kept in them, and the commanders of troops using the armories will be held responsible for the safekeeping and proper care of such property and its protection against damage, misappropriation or loss. Armories, while occupied by troops, shall be considered military posts under the exclusive jurisdiction of the officer commanding the post.
2. Any property licensed or leased to the state by the Federal Government for military use shall be under the control of the department.
Sec. 36. The adjutant general may, within the limits of funds appropriated or authorized to be expended, for the support of the department, purchase insurance against loss or mysterious disappearance of equipment or supplies.
Sec. 37. The construction, expansion, rehabilitation or conversion of armories and arsenals in this state shall be accomplished by the state planning board, subject to the inspection and approval of the Secretary of Defense, as prescribed by 10 U.S.C. § 2237 when federal funds have been allocated to the state for such work.
Sec. 38. 1. The department shall provide and maintain armories suitable for drill purposes and the safekeeping of federal military property, with light, water and heat, for the units of the Nevada National Guard organized in the several counties of the state.
2. The expenses of procuring and maintaining such armories, and the monthly allowance to cover incidental expenses which may be incurred by each unit shall be paid from the appropriation for the support of the Nevada National Guard.
3. Rental expenses shall, in no instance, exceed the sum of $750 per month, which shall include light, water and heat. An additional allowance of not to exceed $25 monthly shall be made to cover unit incidental expenses.
4. All claims for rentals and incidental expenses shall be rendered in quadruplicate. The original and two copies, as approved by the unit commander, shall be forwarded to the department. The quadruplicate copy shall be retained in the unit files. Such claims shall be paid as provided by section 30 of this act.
Sec. 39. The department may reconvey to any municipal corporation or other political subdivision of this state any lands that have been or may be conveyed by such subdivision to the State of Nevada for the use of the Nevada National Guard when the department determines that such lands are no longer necessary for the use of the Nevada National Guard.
Sec. 40. 1. Armories may be used by members and units of the Nevada National Guard in accordance with department regulations issued pursuant to this chapter.
2. Armories may be used by any veterans organizations and their auxiliaries located in the city, town or community where the armory is located, when such use will not interfere with the use of the facilities by the Nevada National Guard or result in risk to federal or state property, and upon condition that the organization makes a written request therefor and pays for heat, lights, janitor service and other expense required by such use.
κ1967 Statutes of Nevada, Page 1300 (CHAPTER 488, AB 139)κ
and pays for heat, lights, janitor service and other expense required by such use.
3. Armories may be used by any federal, state, county and municipal bureau, agency or department or by the Armed Forces of the United States or by the reserve components thereof for their official business, when such use does not interfere with the members and units of the Nevada National Guard stationed in such armory, and when such use is approved by the officer in charge thereof and by his military superiors as prescribed by department regulations issued pursuant to this chapter.
4. Armories may be rented for use by a person, firm, association or corporation, not specified elsewhere in this section, for such purposes and upon such terms as may be approved by the officer in charge of the armory and by his military superiors as prescribed by department regulations issued pursuant to this chapter and when such use will not, and only so long as such use does not, interfere with the use of the armory by the members and units of the Nevada National Guard stationed therein.
Sec. 41. 1. The person, firm, association or corporation applying for the rental of an armory or space within an armory shall execute and deliver a written agreement which shall include among its provisions his or its full name and address, the purpose for which such use is desired, the nature and manner of the intended use of such space, a reasonable rental to be paid for such use and the amounts to be paid for heating, lighting, janitorial and other services connected with such use. The terms and provisions of such agreement shall be governed by department regulations issued pursuant to this chapter, which regulations shall include provisions designed to prevent unfair competition with privately owned property and business.
2. No agreement for use made under this section shall be effective until such agreement or lease has been approved and executed by the officer in charge of the armory and has been approved by his military superiors as prescribed by department regulations issued pursuant to this chapter.
3. No agreement or lease made under this section may be assigned in whole or in part nor may such space or any part thereof be sublet to or used by a person, firm, association or corporation not a party to such agreement, unless each assignment, subletting or use is first approved in writing by the officer in charge of the armory.
4. All moneys paid or given, directly or indirectly, for the use of an armory or to obtain an agreement or permission to use the armory shall be use fees within the meaning of this section and shall be paid to the officer in charge of the armory. Any person other than the officer in charge of the armory who receives any such moneys shall immediately pay over the moneys to the officer in charge of the armory, who shall immediately forward such moneys to the office of the adjutant general to be placed in a revolving fund in the name of the adjutant general to be used by the department for necessary repairs and improvements of state armories and arsenals in the manner prescribed by department regulations.
5. When use of an armory is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any reserve officers training corps unit, the adjutant general, in his discretion, may require the execution of a contract or agreement for such use, upon such terms and conditions as he may prescribe.
κ1967 Statutes of Nevada, Page 1301 (CHAPTER 488, AB 139)κ
United States or any of the reserve components thereof, or by any reserve officers training corps unit, the adjutant general, in his discretion, may require the execution of a contract or agreement for such use, upon such terms and conditions as he may prescribe.
Sec. 42. The ground force of the Nevada National Guard shall be the Nevada Army National Guard and shall be composed of the army units which are a part of the Nevada National Guard on the effective date of this act, and such units as may be authorized thereafter, including the personnel who are enlisted, appointed or commissioned therein. No person may be a member of the Nevada Army National Guard who is not federally recognized as such.
Sec. 43. The air force of the Nevada National Guard shall be the Nevada Air National Guard and shall be composed of the air force units which are a part of the Nevada National Guard on the effective date of this act and such units as may be authorized thereafter, including the personnel who are enlisted, appointed or commissioned therein. No person may be a member of the Nevada Air National Guard who is not federally recognized as such.
Sec. 44. 1. The forces of the Nevada National Guard shall be organized, armed, disciplined, governed, administered and trained as prescribed by applicable federal laws and regulations and department regulations.
2. It hereby is declared to be the policy of the state that there shall be an equality of treatment and opportunity for all persons in the Nevada National Guard without regard to race, creed, color or national origin.
Sec. 45. Members and units of the Nevada National Guard shall assemble for training and shall participate in field training periods and active duty for training periods, maneuvers, schools, conferences or other similar duties at such times and places as are prescribed therefor by applicable federal laws and regulations and department regulations. In addition to these periods, the commander of any organization may require the officers, warrant officers and enlisted men of his command to meet for ceremonies, parades or training at such times and places as he may appoint.
Sec. 46. 1. The governor may in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, order into active service of the state for such period, to such extent and in such manner as he may deem necessary all or any part of the Nevada National Guard. Such power includes the power to order the Nevada National Guard or any part thereof to function under the operational control of the United States Army, Navy or Air Force commander in charge of the defense of any area within the state which is invaded or attacked or is or may be threatened with invasion or attack.
2. In case of the absence of the governor from the state, or if it is impossible to communicate immediately with him, the civil official making a requisition for troops may, if he deems the necessity imminent and not admitting of delay, serve a copy of the requisition, together with a statement of the governors absence or the impossibility of immediately communicating with him, upon the following officials or officers in this order:
(a) Lieutenant governor;
κ1967 Statutes of Nevada, Page 1302 (CHAPTER 488, AB 139)κ
(b) Adjutant general; and
(c) Other officers designated in a chain of command prescribed by department regulations.
But if the call is afterward disapproved by the governor, the troops called into service shall be disbanded immediately.
3. The governor may order into active service of the state for such period, to such extent and in such manner as he may deem necessary units or individuals of the Nevada National Guard when in his judgment the services of such units or individuals are required for the furtherance of the organization, maintenance, discipline or training of the Nevada National Guard or for ceremonial functions of the state government.
4. Whenever any portion of the Nevada National Guard is employed pursuant to subsection 1, the governor, if in his judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified portion thereof, to be under martial law.
Sec. 47. 1. The adjutant general, with the approval of the governor, may order members of the Nevada National Guard to active duty. Members, while on such duty, shall receive the pay and allowances of their corresponding grades in the Armed Forces of the United States.
2. Members of the Nevada National Guard serving on courts-martial, courts of inquiry, efficiency boards, medical boards or other special duty requiring absence from their stations or business under competent orders may be reimbursed for necessary expenses incurred at the rate established for state employees by NRS 281.160.
3. In lieu of other provisions of this chapter, a medical examiner may be paid for his services and necessary disbursements and a properly appointed judge advocate may be paid for legal services and necessary disbursements in any suit, action or proceeding such amounts as shall be approved by the governor.
4. Members of the Nevada National Guard shall not receive from the state the pay or the pay and allowances provided for by this section when eligible for such pay and allowances from federal funds.
5. Members of the Nevada National Guard may with their consent perform without pay or without pay and allowances any of the types of military duty prescribed in this chapter pursuant to orders issued by competent military authority; but necessary traveling expenses, subsistence and per diem allowances may be furnished such members within the discretion of the adjutant general and within the amount appropriated therefor.
6. All pay and allowances provided for by this chapter, except per diem, mileage and expenses while traveling under orders shall be subject to be applied to the payment of penalties and fines imposed by military courts, and to the payment of any shortage of or injury to state or United States property or funds for which a member of the Nevada National Guard is responsible or accountable where such responsibility has been fixed by competent authority.
Sec. 48. 1. The governor is authorized to issue licenses to bodies of men to organize, drill and bear arms as military companies or organizations.
2. Whenever any such body of men associate themselves as a military company or organization and drill with arms under the license of the governor, such military company or organization shall:
κ1967 Statutes of Nevada, Page 1303 (CHAPTER 488, AB 139)κ
company or organization and drill with arms under the license of the governor, such military company or organization shall:
(a) File with the adjutant general annually, or at such time as the governor or adjutant general may designate, a muster roll of such military company or organization certified by the oath of the commanding officer thereof. The muster roll shall contain the names, ages, occupations and places of residence of all members thereof, and the number and character of all arms in the possession of such organization; and
(b) Be subject to inspection by the adjutant general upon his request within such time as he shall designate.
3. Each member of such military company or organization shall take and subscribe to an oath before any officer authorized to administer the same that he will support the Constitution of the United States and the constitution of the State of Nevada and will obey and maintain all laws and obey all officers employed in administering the same.
Sec. 49. 1. Whenever the governor deems it necessary in time of peace, he may call all or any part of the Nevada National Guard Reserve or volunteer organizations licensed by the governor into active service to be organized pursuant to department regulations to augment the Nevada National Guard as an internal security force.
2. In time of war, the governor may call all or any part of the Nevada National Guard Reserve or volunteer organizations licensed by the governor into active service to be organized pursuant to department regulations to replace the Nevada National Guard as a state force when the Nevada National Guard is ordered into federal service.
3. Whenever laws of the United States authorize the organization of such state forces under federal recognition, the governor or adjutant general may promulgate such department regulations as are necessary to comply with such federal laws and obtain federal recognition for the force authorized by this section.
Sec. 50. 1. A call for any portion of the Nevada National Guard shall be made by an order issued and directed to the commanding officer of the unit which is so called into service. The order shall designate the particular troops called, the time and place of rendezvous, and the officer to whom they shall report.
2. The order shall be communicated immediately by the officer receiving it to the troops under his command, and he shall rendezvous and report for duty at the appointed place and time.
Sec. 51. 1. Reservists and volunteers called out for duty shall be mustered at once into the service of the state for such period as the governor directs, not exceeding the limits provided by section 73 of this act.
2. Except as otherwise expressly provided by department regulations, all the military forces shall be organized as prescribed for organization of the Nevada National Guard at the time, and shall be officered, equipped, trained and commanded according to the laws and regulations governing the Nevada National Guard, as nearly as practicable, and all laws relating to the Nevada National Guard or to the duties, rights, privileges or immunities of the members thereof shall apply to and govern the other military forces and the members thereof, so far as applicable; but the age limits for initial appointment of officers in the federally recognized National Guard shall not apply to officers of the other military forces.
κ1967 Statutes of Nevada, Page 1304 (CHAPTER 488, AB 139)κ
3. The pay and allowances of the officers and enlisted personnel of all branches of the military forces on active duty in the service of the state shall be the same as provided for the Nevada National Guard when on such duty.
4. The governor may receive from the Federal Government any arms, equipment, munitions, supplies and other grants for the use of the military forces of the state that may be available.
5. The military forces shall be uniformed in such manner as the governor may prescribe, subject to federal laws or regulations and department regulations.
Sec. 52. Every reservist and volunteer who, being accepted as a volunteer or drafted, fails without reasonable excuse to report for muster as lawfully required shall be considered and treated as a deserter.
Sec. 53. When members of the Nevada National Guard are called into state active duty by the governor to fight a fire, combat a flood or any other emergency where members of the Nevada National Guard are performing as a labor force rather than a military force, they shall receive pay and allowances equal to that received by the main labor force in the service of the state or Federal Government.
Sec. 54. 1. In all cases in which any officer or enlisted man of the Nevada National Guard is wounded, injured, disabled or killed while in line of duty in the service of the state, such officer or enlisted man or the dependents of such officer or enlisted man are entitled to receive compensation from the State of Nevada, in accordance with the provisions of chapter 616 of NRS; and there shall be paid to the Nevada industrial commission quarterly, from the appropriation for the support of the Nevada National Guard, such sum for premium as may be fixed and agreed upon by the commander in chief and the Nevada industrial commission, based upon the number of officers and enlisted men in regular attendance during the month as shown by the reports filed with the adjutant general, who shall certify such numbers to the Nevada industrial commission.
2. In all such cases, such officer or enlisted man shall be deemed to be an employee of the State of Nevada. The compensation to be awarded to any such officer or enlisted man, or to the dependents of any such officer or enlisted man, shall be determined upon the basis of his average income from all sources during the year immediately preceding the date of such injury or death or the commencement of such disability; but such compensation shall in no case exceed the maximum prescribed in chapter 616 of NRS.
Sec. 55. For all purposes under this chapter, members of the Nevada National Guard who enter and serve in the active military service of the United States in time of war under a call or order by the President or who enter and serve on active duty in the military service of the United States in time of peace in their status within the Army National Guard of the United States or Air National Guard of the United States and who thereafter return to the military service of the state are entitled to credit for time so served as if such service had been rendered to the state.
Sec. 56. Any officer or enlisted man of the militia of this state who receives compensation from the United States as a federally recognized member of the Nevada National Guard does not hold a lucrative office under the Government of the United States within the meaning of section 9 of article 4 of the constitution of the State of Nevada.
κ1967 Statutes of Nevada, Page 1305 (CHAPTER 488, AB 139)κ
under the Government of the United States within the meaning of section 9 of article 4 of the constitution of the State of Nevada.
Sec. 57. Active members of the Nevada National Guard are exempt from jury duty and service on any posse comitatus.
Sec. 58. 1. The reports and communications of all members of the Nevada National Guard in the line of their military duty are privileged communications and shall not be competent evidence against the writer in any civil or criminal action in the courts of this state.
2. In any case any suit or action is brought against any member of the Nevada National Guard because of such reports or communications, the judge advocate or the attorney general of this state, or both of them, at the direction of the governor, shall appear in behalf of such member and defend the suit or action without cost to him.
Sec. 59. 1. Members of the Nevada National Guard ordered into active service of the state pursuant to this chapter are not liable civilly or criminally for any act or acts done by them in the performance of their duty. When an action or proceeding of any nature is commenced in any court by any person against any officer of the militia for any act done by him in his official capacity in the discharge of any duty under this chapter, or an alleged omission by him to do an act which it was his duty to perform, or against any person acting under the authority or order of such officer, or by virtue of any warrant issued by him pursuant to law, the defendant:
(a) May have counsel of his own selection; or
(b) Shall be defended by the attorney general in civil actions and by the state judge advocate in criminal actions; and
(c) May require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein; and
(d) In all cases may make a general denial and give the special matter in evidence.
2. A defendant in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding shall recover his costs.
3. No member of the Nevada National Guard shall be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty.
Sec. 60. 1. All commissioned officers of the Nevada National Guard shall be appointed and promoted by the governor upon recommendation of the adjutant general.
2. Honorary commissions shall be attested by the secretary of state with the great seal and also by the adjutant general with the seal of his office. No fee shall be charged for military commissions.
Sec. 61. The provisions of this chapter relating to commissioned officers apply to warrant officers, except that warrant officers who have been absent without leave may be discharged as prescribed by applicable federal laws and regulations and department regulations.
Sec. 62. The Nevada military academy is hereby created, to consist of supervisory personnel as authorized by the National Guard Bureau and such number of cadets as meets the qualifications and requirements of the State of Nevada as set forth in department regulations.
κ1967 Statutes of Nevada, Page 1306 (CHAPTER 488, AB 139)κ
Sec. 63. 1. No person may be appointed or promoted as a commissioned officer of the Nevada National Guard unless he has passed such examination as to his physical, moral and professional qualifications as may be prescribed by applicable federal laws and regulations and department regulations.
2. No person may be recognized as a commissioned officer of the Nevada National Guard and no appointment as such may become effective until he has taken and subscribed to the oath of office prescribed in section 64 of this act. Such oath may be administered and certified by any commissioned officer of the Nevada National Guard, or other officer authorized to administer oaths under the laws of the State of Nevada, and no charge shall be made for such acts.
Sec. 64. Every officer of the Nevada National Guard shall take and subscribe to the following oath:
I, ................................, do solemnly swear that I will support and defend the Constitution of the United States and the constitution of the State of Nevada against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the governor of the State of Nevada; that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of ................................ in the National Guard of the State of Nevada, upon which I am about to enter, so help me God.
Sec. 65. 1. Commissioned officers may be assigned, reassigned, transferred or detailed to and from units within the Nevada National Guard as prescribed by applicable federal laws and regulations and department regulations.
2. An officer must reside within reasonable commuting distance of the station to which his unit is assigned. The adjutant general shall determine what constitutes a reasonable distance in all cases of doubt.
Sec. 66. 1. A commissioned officer of the Nevada National Guard may tender his resignation at any time. Such resignation will be tendered in writing through proper military channels in accordance with applicable federal laws and regulations and department regulations. Such resignations shall take effect when properly accepted and announced in orders.
2. A commissioned officer desiring to accept an appointment or to enlist in the active Army, Navy, Air Force, Marine Corps or Coast Guard of the United States or a reserve component thereof shall first obtain a conditional release from his commander. Such conditional release shall be issued in accordance with this chapter and department regulations, and shall include certification that the officer is properly cleared of his responsibility for all state and United States property and public money, and that he is not indebted to the state or to the organization to which he belongs. An officer so released shall be considered to have resigned upon presentation of evidence that he has accepted an appointment or enlisted in the force to which released, and the resignation shall be announced in orders.
3. No officer is entitled to resign his commission who is under arrest, suspension or who is under orders to be returned to any military court for delinquency.
Sec. 67. 1. Any officer who absents himself without leave for 60 days shall be considered to have resigned, and the vacancy shall be announced in appropriate orders.
κ1967 Statutes of Nevada, Page 1307 (CHAPTER 488, AB 139)κ
days shall be considered to have resigned, and the vacancy shall be announced in appropriate orders.
2. Any officer who is absent without leave from annual active duty training shall be considered to have resigned, and the vacancy shall be announced in appropriate orders.
Sec. 68. 1. The efficiency, moral character and general fitness for retention in the Nevada National Guard of any commissioned officer may be investigated and determined by an efficiency examining board. The members of an efficiency examining board shall be senior in rank to the officer under investigation.
2. The physical fitness for further service of any commissioned officer in the Nevada National Guard may be investigated and determined by a medical examining board of officers.
3. Efficiency and medical examining boards shall be appointed by the governor upon recommendation of the adjutant general except that whenever an examining board is to be appointed for the purpose of determining fitness of any officer for continued federal recognition, such board shall be appointed by the commander designated in the applicable laws of the United States and the regulations issued thereunder.
Sec. 69. Efficiency and medical examining boards appointed by the governor hereby are vested with the powers of courts of inquiry and courts-martial. Such boards shall follow the practice and procedure prescribed by applicable federal laws and regulations and department regulations. Any officer ordered to appear before such a board is entitled to appear in person or by counsel, to cross-examine witnesses and to call witnesses on his behalf. He is entitled at all stages of the proceeding to full access to records pertinent to his case and to be furnished copies of such records. Failure to appear before such examining board is sufficient ground for a finding by such board that the officer ordered to appear be discharged from the service of the state. If the findings of such board are unfavorable to an officer and are approved as provided by applicable laws of the United States or this chapter, the governor shall relieve the officer from duty and shall give him a discharge in such form as may be appropriate. If the discharge of an officer is recommended solely because of physical inability to perform active service, such officer may be transferred to the retired reserve if eligible.
Sec. 70. An officer receiving public property for military purposes is accountable for the article so received by him until the article is returned, or is disposed of pursuant to law or by order of the governor. Until his accounts are examined and found correct, the accountability of such officer or his estate is not affected in any way by his resignation, discharge, change in official position or death. The governor may relieve officers of accountability upon good cause shown.
Sec. 71. 1. A person who is appointed as a commissioned officer or warrant officer of the Nevada National Guard under the circumstances set forth in subsection 2 is, on the date of original appointment as a commissioned officer or warrant officer, eligible to receive from the state an allowance of $250 for uniforming and equipping himself. On completion of every 2 years of service from the date of original appointment as a commissioned officer or warrant officer of the Nevada National Guard, such person shall receive an additional allowance of $100 to assist him in meeting the uniform requirements necessary to his continued service in the Nevada National Guard.
κ1967 Statutes of Nevada, Page 1308 (CHAPTER 488, AB 139)κ
such person shall receive an additional allowance of $100 to assist him in meeting the uniform requirements necessary to his continued service in the Nevada National Guard.
2. Payment of the allowances set forth in subsection I are limited to officers and warrant officers appointed under the following circumstances:
(a) Commissioned in the Nevada Army National Guard as a result of graduation from the Nevada Military Academy or from Officer Candidate Schools of the active army attended in an Army National Guard status.
(b) Direct appointment as a commissioned officer or warrant officer of the Nevada Army National Guard from enlisted or civilian status.
(c) Commissioned in the Nevada Air National Guard as a result of direct appointment from airman or civilian status.
(d) Graduation from United States Air Force aviation cadet training under an Air National Guard quota allotted to this state.
3. The allowances set forth in subsection I shall be paid from moneys available to the department only after the officer has furnished satisfactory evidence to the adjutant general that he is properly entitled thereto.
Sec. 72. All commissioned officers and warrant officers of the Nevada National Guard, including retired officers and warrant officers thereof, may organize themselves into an association, the name of which shall be the Nevada National Guard Association. The association may adopt bylaws not inconsistent with the statutes of this state and may alter and amend such bylaws.
Sec. 73. 1. The qualifications for enlistment and reenlistment, the periods of enlistment, reenlistment and voluntary extension of enlistment, the period of service, the form of oath to be taken and the manner and form of transfer and discharge of enlisted personnel of the Nevada National Guard shall be those prescribed by applicable federal laws and regulations and department regulations.
2. The governor is authorized to extend the period of any enlistment, reenlistment, voluntary extension of enlistment or the period of service of enlisted personnel of the Nevada National Guard Reserve or volunteer organizations licensed by the governor for a period not to exceed 6 months after the termination of an emergency declared by him, the legislature, the President or Congress.
3. Whenever the period of enlistment, reenlistment, voluntary extension of enlistment, and the period of service of enlisted personnel of the reserve components of the Armed Forces of the United States are extended, the governor shall extend the period of any enlistment, reenlistment, voluntary extension of enlistment or the period of service of enlisted personnel in the corresponding force of the Nevada National Guard for the same period.
Sec. 74. All noncommissioned officers of the Nevada National Guard shall be appointed in the discretion of the appointing officer upon the nomination of the officer under whose immediate command they are to serve. Appointing officers shall be designated in department regulations. The appointment of a noncommissioned officer may be terminated as prescribed by such regulations.
Sec. 75. When an enlisted person of the Nevada National Guard absents himself without leave and there is reason to believe that he does not intend to return, he may be discharged in accordance with department regulations.
κ1967 Statutes of Nevada, Page 1309 (CHAPTER 488, AB 139)κ
not intend to return, he may be discharged in accordance with department regulations.
Sec. 76. Sections 76 to 231, inclusive, of this act may be cited as the Nevada Code of Military Justice.
Sec. 77. As used in sections 76 to 231, inclusive, of this act the words and terms defined in sections 78 to 98, inclusive, shall, unless the context otherwise requires, have the meaning ascribed to them in such sections.
Sec. 78. Accuser means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, or any other person who has an interest other than an official interest in the prosecution of the accused.
Sec. 79. Active state duty means full-time duty in the active military service of the state under an order of the governor issued pursuant to authority vested in him by law, and includes going to and returning from such duty.
Sec. 80. Apprehension means the taking of a person into custody.
Sec. 81. Arrest means the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within certain specified limits.
Sec. 82. Code means the Nevada Code of Military Justice.
Sec. 83. Commanding officer includes only commissioned officers.
Sec. 84. Commissioned officer includes a commissioned warrant officer.
Sec. 85. Confinement means the physical restraint of a person.
Sec. 86. Convening authority includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command.
Sec. 87. Enlisted member means a person in an enlisted grade.
Sec. 88. Grade means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
Sec. 89. Law officer means an official of a general court-martial detailed in accordance with section 131 of this act.
Sec. 90. Legal officer means any commissioned officer of the Nevada National Guard designated to perform legal duties for a command.
Sec. 91. May is used in a permissive sense. However, the words no person may * * * mean that no person is required, authorized or permitted to do the act prescribed.
Sec. 92. Military refers to any or all of the Armed Forces.
Sec. 93. Military court means a court-martial, a court of inquiry or a provost court.
Sec. 94. Nevada National Guard includes the National Guard of the state, as defined in 32 U.S.C. § 101(3), the Nevada National Guard Reserve and volunteer organizations licensed by the governor when called into active service by the governor.
Sec. 95. Rank means the order of precedence among members of the Armed Forces.
Sec. 96. Shall is used in an imperative sense.
κ1967 Statutes of Nevada, Page 1310 (CHAPTER 488, AB 139)κ
Sec. 97. State judge advocate means the commissioned officer responsible for supervising the administration of the military justice in the Nevada National Guard.
Sec. 98. Superior commissioned officer means a commissioned officer superior in rank or command.
Sec. 99. The following persons who are not in federal service are subject to this code:
1. Members of the Nevada National Guard.
2. All other persons lawfully ordered to duty in or with the Nevada National Guard, from the dates they are required by the terms of the order or other directive to obey the same.
Sec. 100. 1. Each person discharged from the Nevada National Guard who is later charged with having fraudulently obtained his discharge is, subject to section 148 of this act, subject to trial by court-martial on that charge and is after apprehension subject to this code while in the custody of the military for that trial. Upon conviction of that charge he is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.
2. No person who has deserted from the Nevada National Guard may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
Sec. 101. 1. If any commissioned officer dismissed by order of the governor makes a written application for trial by court-martial, setting forth under oath that he has been wrongfully dismissed, the governor, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which he was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal; but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the chief of staff to the governor shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.
2. If the governor fails to convene a general court-martial within 6 months from the presentation of an application for trial under this code, the chief of staff to the governor shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.
3. If a discharge is substituted for a dismissal under this code, the governor alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the governor, that former officer would have attained had he not been dismissed. The reappointment of such a former officer may be made only if a vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment shall be considered as actual service for all purposes.
4. If an officer is discharged from the Nevada National Guard by administrative action or by board proceedings under law, or is dropped from the rolls by order of the governor, he has no right to trial under this section.
Sec. 102. 1. This code applies throughout the state. It also applies to all persons otherwise subject to this code while they are serving outside the state, and while they are going to and returning from such service outside the state, in the same manner and to the same extent as if they were serving inside the state.
κ1967 Statutes of Nevada, Page 1311 (CHAPTER 488, AB 139)κ
to all persons otherwise subject to this code while they are serving outside the state, and while they are going to and returning from such service outside the state, in the same manner and to the same extent as if they were serving inside the state.
2. Courts-martial and courts of inquiry may be convened and held in units of the Nevada National Guard while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state; and offenses committed outside the state may be tried and punished either inside or outside the state.
Sec. 103. 1. The governor, on the recommendation of the adjutant general, shall appoint an officer of the Nevada National Guard as state judge advocate. To be eligible for appointment, an officer must be a member of the State Bar of Nevada and must have been a member of the State Bar of Nevada for at least 5 years.
2. The adjutant general may appoint as many assistant state judge advocates as he deems necessary, which assistant state judge advocates shall be officers of the Nevada National Guard and members of the State Bar of Nevada.
3. The state judge advocate or his assistants shall make frequent inspections in the field for supervision of the administration of military justice.
4. Convening authorities shall at all times communicate directly with their staff judge advocate or legal officers in matters relating to the administration of military justice; and the staff judge advocate or legal officer of any command is entitled to communicate directly with the staff judge advocate or legal officer of a superior or subordinate command, or with the state judge advocate.
5. No person who has acted as member, law officer, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel or investigating officer, or who has been a witness for either the prosecution or defense in any case, may later act as staff judge advocate or legal officer to any reviewing authority upon the same case.
Sec. 104. 1. Any person authorized by this code, or by department regulations issued pursuant thereto, to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code and any peace officer authorized to do so by law may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
2. Commissioned officers, warrant officers and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein.
Sec. 105. Any civil officer having authority to apprehend offenders under the laws of the United States or of a state, territory, common-wealth or possession, or the District of Columbia, may summarily apprehend a deserter from the Nevada National Guard and deliver him into the custody of the Nevada National Guard. If an offender is apprehended outside the state, his return to the area must be in accordance with normal extradition procedures or reciprocal agreement.
κ1967 Statutes of Nevada, Page 1312 (CHAPTER 488, AB 139)κ
Sec. 106. 1. An enlisted member may be ordered into arrest or confinement by any commissioned officer by an oral or written order, delivered in person or through other persons subject to this code or through any person authorized by this code to apprehend persons. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of his command or subject to his authority into arrest or confinement.
2. A commissioned officer or warrant officer may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons apprehended or into arrest or confinement may not be delegated.
3. No person may be ordered apprehended or into arrest or confinement except for probable cause.
4. This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
Sec. 107. 1. Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confinement.
2. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him.
Sec. 108. Confinement other than in a guardhouse, whether before, during or after trial by a military court, shall be executed in civil jails, penitentiaries or prisons designated by the governor or by such persons as he may authorize to act.
Sec. 109. 1. No provost marshal, commander of a guard, master at arms, warden, keeper or officer of a city or county jail or any other jail, penitentiary or prison designated under section 108 of this act may refuse to receive or keep any prisoner committed to his charge, when the committing person furnishes a statement, signed by him, of the offense charged against the prisoner.
2. Every commander of a guard, master at arms, warden, keeper or officer of a city or county jail or of any other jail, penitentiary or prison designated under section 108 of this act to whose charge a prisoner is committed shall, within 24 hours after that commitment or as soon as he is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment.
Sec. 110. Subject to section 162 of this act, no person, while being held for trial or the result of a trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances required to insure his presence; but he may be subjected to minor punishment during that period for infractions of discipline, and may be required to perform such labor as may be necessary for the policing and sanitation of his living quarters and messing facilities and the area immediately adjacent thereto.
κ1967 Statutes of Nevada, Page 1313 (CHAPTER 488, AB 139)κ
as may be necessary for the policing and sanitation of his living quarters and messing facilities and the area immediately adjacent thereto.
Sec. 111. 1. Under such department regulations as may be prescribed under this chapter, a person on active state duty subject to this code who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
2. When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for his offense shall, upon the request of competent military authority, be returned to military custody for the completion of his sentence.
Sec. 112. Under department regulations, limitations may be placed on the powers granted by sections 112 to 118, inclusive, of this act with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of sections 112 to 118, inclusive, of this act to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon such a demand. However, punishment may not be imposed upon any member of the Nevada National Guard under sections 112 to 118, inclusive, of this act if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. Under department regulations, rules may be prescribed with respect to the suspension of punishments authorized hereunder. If authorized by department regulations, a commanding officer exercising general court-martial jurisdiction or an officer of general rank in command may delegate his powers under sections 112 to 118, inclusive, of this act to a principal assistant.
Sec. 113. Subject to section 112 of this act, any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial:
1. Upon officers of his command:
(a) Restriction to certain specified limits, with or without suspension from duty, for not more than 30 consecutive days.
(b) If imposed by an officer exercising general court-martial jurisdiction or an officer of general rank in command:
(1) Arrest in quarters for not more than 30 consecutive days;
(2) Forfeiture of not more than one-half of 1 months pay per month for 2 months;
(3) Restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days; or
(4) Detention of not more than one-half of 1 months pay per month for 3 months.
2. Upon other personnel of his command:
(a) Correctional custody for not more than 7 consecutive days.
(b) Forfeiture of not more than 7 days pay.
(c) Reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction.
κ1967 Statutes of Nevada, Page 1314 (CHAPTER 488, AB 139)κ
demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction.
(d) Extra duties, including fatigue or other duties, for not more than 14 consecutive days.
(e) Restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days.
(f) Detention of not more than 14 days pay.
(g) If imposed by an officer of the grade of major or above:
(1) Correctional custody for not more than 30 consecutive days;
(2) Forfeiture of not more than one-half of 1 months pay per month for 2 months;
(3) Reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades;
(4) Extra duties, including fatigue or other duties, for not more than 45 consecutive days;
(5) Restrictions to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days; or
(6) Detention of not more than one-half of 1 months pay per month for 3 months.
Detention of pay shall be for a stated period of not more than 1 year but if the offenders term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the punishments of arrest in quarters, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount imposable for each. Whenever any of those punishments are combined to run consecutively there must be an apportionment. In addition, forfeiture of pay may not be combined with detention of pay without an apportionment. For the purposes of this subsection, correctional custody is the physical restraint of a person during duty or nonduty hours and may include extra duties, fatigue duties or hard labor. If practicable, correctional custody will not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.
Sec. 114. An officer in charge may impose upon enlisted members assigned to the unit of which he is in charge such of the punishments authorized under paragraphs (a) to (f), inclusive, of subsection 2 of section 113 of this act as the adjutant general may specifically prescribe by department regulation.
Sec. 115. The officer who imposes the punishment authorized in section 113 of this act, or his successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or a forfeiture imposed under section 113 of this act, whether or not executed. In addition, he may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges and property affected. He may also mitigate reduction in grade to forfeiture or detention of pay. When mitigating;
κ1967 Statutes of Nevada, Page 1315 (CHAPTER 488, AB 139)κ
1. Arrest in quarters to restriction;
2. Correctional custody to extra duties or restriction, or both; or
3. Extra duties to restriction,
the mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating forfeiture of pay to detention of pay, the amount of the detention shall not be greater than the amount of the forfeiture. When mitigating reduction in grade to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been imposed initially under sections 112 to 118, inclusive, of this act by the officer who imposed the punishment mitigated.
Sec. 116. A person punished under sections 112 to 118, inclusive, of this act who considers his punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under section 115 of this act by the officer who imposed the punishment. Before acting on an appeal from a punishment of:
1. Arrest in quarters for more than 7 days;
2. Correctional custody for more than 7 days;
3. Forfeiture of more than 7 days pay;
4. Reduction of one or more pay grades from the fourth or a higher pay grade;
5. Extra duties for more than 14 days;
6. Restriction for more than 14 days; or
7. Detention of more than 14 days pay,
the authority who is to act on the appeal shall refer the case to the state judge advocate for consideration and advice, and may so refer the case upon appeal from any punishment imposed under section 113 of this act.
Sec. 117. The imposition and enforcement of disciplinary punishment under sections 112 to 118, inclusive, of this act for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission and not properly punishable under sections 112 to 118, inclusive, of this act; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
Sec. 118. The adjutant general may, by department regulation, prescribe the form of records to be kept of proceedings under sections 112 to 118, inclusive, of this act and may also prescribe that certain categories of those proceedings shall be in writing.
Sec. 119. 1. In the Nevada National Guard not in federal service, there are general, special and summary courts-martial constituted like similar courts of the Army and Air Force. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures provided for those courts.
2. The three kinds of courts-martial shall be constituted as follows:
(a) General courts-martial, consisting of a law officer and not less than five members;
κ1967 Statutes of Nevada, Page 1316 (CHAPTER 488, AB 139)κ
(b) Special courts-martial, consisting of not less than three members; and
(c) Summary courts-martial, consisting of one commissioned officer.
Sec. 120. The ground force and the air force of the Nevada National Guard has court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one force over personnel of another force shall be in accordance with department regulations.
Sec. 121. Subject to section 120 of this act, general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may, under such limitations as the governor may prescribe, adjudge any of the following punishments:
1. A fine of not more than $200 or forfeiture of pay and allowances of not more than $200;
2. Confinement with hard labor for not more than 200 days;
3. Dishonorable discharge, bad conduct discharge or dismissal;
4. Reprimand;
5. Reduction of enlisted persons to a lower grade; or
6. Any combination of these punishments.
Sec. 122. Subject to section 120 of this act, special courts-martial have jurisdiction to try persons subject to this code for any offense for which they may be punished under this code. A special court-martial may adjudge any punishment a general court-martial may adjudge, except dishonorable discharge, dismissal or confinement with hard labor for more than 100 days, forfeiture of pay and allowances of more than $100 or a fine of more than $100.
Sec. 123. 1. Subject to section 120 of this act, summary courts-martial have jurisdiction to try persons subject to this code, except officers and warrant officers, for any offense made punishable by this code.
2. No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if he objects thereto, unless under section 112 of this act, he has been permitted and has elected to refuse punishment under sections 112 to 118, inclusive, of this act. If objection to trial by summary court-martial is made by an accused who has not been permitted to refuse punishment under sections 112 to 118, inclusive, of this act, trial shall be ordered by special or general court-martial, as may be appropriate.
3. Summary courts-martial may adjudge any of the following punishments:
(a) Confinement with hard labor for not exceeding 25 days;
(b) A fine of not more than $25 or forfeiture of pay and allowances of not more than $25 for a single offense;
(c) Reduction of enlisted persons to a lower grade; and
(d) Any combination of these punishments.
Sec. 124. In the Nevada National Guard not in federal service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the governor.
Sec. 125. A dishonorable discharge, bad conduct discharge or dismissal shall not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made.
Sec. 126. A general or special court-martial convened for the trial of a person charged with committing an offense after the declaration of a war or national emergency and before the time when he is brought under the jurisdiction of the United States Uniform Code of Military Justice, 10 U.S.C.
κ1967 Statutes of Nevada, Page 1317 (CHAPTER 488, AB 139)κ
war or national emergency and before the time when he is brought under the jurisdiction of the United States Uniform Code of Military Justice, 10 U.S.C. chapter 47, may, upon conviction, adjudge such punishment as may be appropriate, except that it may not exceed that authorized for a similar offense by the United States Uniform Code of Military Justice.
Sec. 127. In the Nevada National Guard not in federal service, general courts-martial may be convened by the President or by the governor.
Sec. 128. In the Nevada National Guard not in federal service, the commanding officer of a garrison, fort, post, camp, airbase, auxiliary air-base or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron or other detached command, may convene special courts-martial. Special courts-martial may also be convened by superior authority. When any such officer is an accuser, the court shall be convened by superior competent authority.
Sec. 129. 1. In the Nevada National Guard not in federal service, the commanding officer of a garrison, fort, post, camp, airbase, auxiliary airbase or other place where troops are on duty, or of a regiment, wing, group, detached battalion, detached squadron, detached company or other detachment, may convene a summary court-martial consisting of one commissioned officer. The proceedings shall be informal.
2. When only one commissioned officer is present with a command or detachment he shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by him.
Sec. 130. 1. Any commissioned officer of or on duty with the Nevada National Guard is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.
2. Any warrant officer of or on duty with the Nevada National Guard is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.
3. Any enlisted member of the Nevada National Guard who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before such courts for trial, but he shall serve as a member of a court only if, before the convening of the court, the accused personally has requested in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained. As used in this subsection, the word unit means any regularly organized body of the Nevada National Guard not larger than a company, a squadron or a corresponding body.
κ1967 Statutes of Nevada, Page 1318 (CHAPTER 488, AB 139)κ
4. When it can be avoided, no person subject to this code shall be tried by a court-martial any member of which is junior to him in rank or grade.
5. When convening a court-martial, the convening authority shall detail as members thereof such members of the Nevada National Guard as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the Nevada National Guard is eligible to serve as a member of a general or special court-martial when he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case. If within the command of the convening authority there is present and not otherwise disqualified a commissioned officer who is a member of the bar of the state and of appropriate rank, the convening authority shall appoint him as president of a special court-martial. Although this requirement is binding on the convening authority, failure to meet it in any case does not divest a military court of jurisdiction.
Sec. 131. 1. The authority convening a general court-martial shall detail as law officer thereof a commissioned officer who is a member of the bar of a state, or a member of the bar of a federal court, and who is certified to be qualified for such duty by the state judge advocate. No person shall be eligible to act as law officer in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
2. The law officer may not consult with the members of the court, other than on the form of the findings as provided in section 144 of this act, except in the presence of the accused, trial counsel and defense counsel, nor may he vote with the members of the court.
Sec. 132. 1. For each general and special court-martial the authority convening the court shall detail trial counsel and defense counsel, and such assistants as he considers appropriate. No person who has acted as investigating officer, law officer or court member in any case may act later as trial counsel, assistant trial counsel or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.
2. Trial counsel or defense counsel detailed for a general court-martial must be:
(a) A person who is a member of the bar of the highest court of a state, or a member of the bar of federal court; and
(b) Certified as competent to perform such duties by the state judge advocate.
3. In the case of a special court-martial:
(a) If the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority must be a person similarly qualified; and
(b) If the trial counsel is a member of the bar of the highest court of a state, the defense counsel detailed by the convening authority must have the same qualifications.
Sec. 133. Under department regulations, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court.
κ1967 Statutes of Nevada, Page 1319 (CHAPTER 488, AB 139)κ
employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. Under like regulations the convening authority of a military court may detail or employ interpreters who shall interpret for the court.
Sec. 134. 1. No member of a general or special court-martial shall be absent or excused after the accused has been arraigned except for physical disability or as a result of a challenge or by order of the convening authority for good cause.
2. Whenever a general court-martial is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than five members. When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the law officer, the accused and counsel.
3. Whenever a special court-martial is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. When the new members have been sworn, the trial shall proceed as if no evidence has previously been introduced, unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.
Sec. 135. 1. Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this code to administer oaths and shall state:
(a) That the signer has personal knowledge of, or has investigated, the matters set forth therein; and
(b) That they are true in fact to the best of his knowledge and belief.
2. Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as practicable.
Sec. 136. 1. No person subject to this code may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him.
2. No person subject to this code may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.
3. No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.
4. No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence or unlawful inducement may be received in evidence against him in a trial by court-martial.
Sec. 137. 1. No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
κ1967 Statutes of Nevada, Page 1320 (CHAPTER 488, AB 139)κ
include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
2. The accused shall be advised of the charges against him and of his right to be represented at that investigation by counsel. Upon his own request he shall be represented by civilian counsel if provided by him, or military counsel of his own selection if such counsel is reasonably available, or by counsel detailed by the officer exercising general court-martial jurisdiction over the command. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
3. If an investigation of the subject matter of an offense has been conducted before the accused is charged with an offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination and presentation prescribed in subsection 2, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf.
4. The requirements of this section are binding on all persons administering this code but failure to follow them does not divest a military court of jurisdiction.
Sec. 138. When a person is held for trial by general court-martial the commanding officer shall, within 8 days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the governor. If that is not practicable, he shall report in writing to the governor the reasons for delay.
Sec. 139. 1. Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of the investigation.
2. If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections, and such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.
Sec. 140. The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person may, against his objection, be brought to trial before a general court-martial within a period of 5 days after the service of the charges upon him, or before a special court-martial within a period of 3 days after the service of the charges upon him.
κ1967 Statutes of Nevada, Page 1321 (CHAPTER 488, AB 139)κ
before a special court-martial within a period of 3 days after the service of the charges upon him.
Sec. 141. The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by department regulations, which shall, so far as practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the state, but which may not be contrary to or inconsistent with this code.
Sec. 142. No authority convening a general, special or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand or admonish the court or any member, law officer or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of the court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving or reviewing authority with respect to his judicial acts.
Sec. 143. 1. The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall, under the direction of the court, prepare the record of the proceedings.
2. The accused has the right to be represented in his defense before a general or special court-martial by civilian counsel if provided by him, or by military counsel of his own selection if reasonably available, or by the defense counsel detailed under section 132 of this act. Should the accused have counsel of his own selection, the defense counsel and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as his associate counsel; otherwise they shall be excused by the president of the court.
3. In every court-martial proceeding the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of such matters as he feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he considers appropriate.
4. An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by section 132 of this act, perform any duty imposed by law, regulation or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
5. An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he is qualified to be the defense counsel as required by section 132 of this act, perform any duty imposed by law, regulation or the custom of the service upon counsel for the accused.
Sec. 144. Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. After a general court-martial has finally voted on the findings, the court may request the law officer and the reporter to appear before the court to put the findings in proper form, and those proceedings shall be on the record. All other proceedings, including any other consultation of the court with counsel or the law officer, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel and, in general court-martial cases, the law officer.
κ1967 Statutes of Nevada, Page 1322 (CHAPTER 488, AB 139)κ
proceedings, including any other consultation of the court with counsel or the law officer, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel and, in general court-martial cases, the law officer.
Sec. 145. A court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
Sec. 146. 1. Members of a general or special court-martial and the law officer of a general court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The court shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.
2. Each accused and the trial counsel is entitled to one peremptory challenge, but the law officer may not be challenged except for cause.
Sec. 147. 1. The law officer, interpreters, and in general and special courts-martial, members, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.
2. Each witness before a military court shall be examined on oath or affirmation.
Sec. 148. 1. A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny, may be tried and punished at any time without limitation.
2. Except as otherwise provided in this section, a person charged with desertion in time of peace or the offense punishable under section 219 of this act is not liable to be tried by court-martial if the offense was committed more than 3 years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.
3. Except as otherwise provided in this section, a person charged with any offense is not liable to be tried by court-martial or punished under sections 112 to 118, inclusive, of this act if the offense was committed more than 2 years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under sections 112 to 118, inclusive, of this act.
4. Periods in which the accused was absent from territory in which the state has the authority to apprehend him, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.
Sec. 149. 1. No person may, without his consent, be tried a second time in any military court of the state for the same offense.
2. No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.
3. A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.
κ1967 Statutes of Nevada, Page 1323 (CHAPTER 488, AB 139)κ
motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.
Sec. 150. If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.
Sec. 151. 1. The trial counsel, the defense counsel and the court-martial shall have equal opportunity to obtain witnesses, both civilian and military and other evidence in accordance with department regulations.
2. The president of a court-martial or a summary court officer shall have the power of a district court of this state to:
(a) Issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;
(b) Issue subpenas duces tecum and other subpenas;
(c) Enforce by attachment the attendance of witnesses and the production of books and papers; and
(d) Sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the state.
3. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state.
Sec. 152. Any person not subject to this code who:
1. Has been subpenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before such a court;
2. Has been paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a district court of the state; and
3. Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpenaed to produce,
is guilty of an offense against the state and may be punished in the same manner as if committed before civil courts of the state.
Sec. 153. A military court may punish for contempt any person who uses any menacing word, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or both.
Sec. 154. 1. At any time after charges have been signed, as provided in section 135 of this act, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.
2. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
κ1967 Statutes of Nevada, Page 1324 (CHAPTER 488, AB 139)κ
3. Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.
4. A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears:
(a) That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of 100 miles from the place of hearing;
(b) That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or
(c) That the present whereabouts of the witness is unknown.
Sec. 155. 1. In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.
2. Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
3. Such testimony may also be read in evidence before a court of inquiry or a military board.
Sec. 156. 1. Voting by members of a general or special court-martial upon questions of challenge, on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall in each case count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.
2. The law officer of a general court-martial and the president of a special court-martial shall rule upon interlocutory questions, other than challenge, arising during the proceedings. Any such ruling made by the law officer of a general court-martial or by the president of a special court-martial who is a member of the State Bar of Nevada upon any interlocutory question of accuseds sanity is final and constitutes the ruling of the court. However, the law officer or president may change the ruling at any time during the trial except a ruling on a motion for a finding of not guilty that was granted. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in section 157 of this act, beginning with the junior in rank.
3. Before a vote is taken on the findings, the law officer of a general court-martial and the president of a special court-martial shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:
(a) That the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt;
(b) That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted;
κ1967 Statutes of Nevada, Page 1325 (CHAPTER 488, AB 139)κ
to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted;
(c) That if there is a reasonable doubt as to the degree of guilt, the findings must be in a lower degree as to which there is no reasonable doubt; and
(d) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state.
Sec. 157. 1. No person may be convicted of an offense, except by the concurrence of two-thirds of the members present at the time the vote is taken.
2. All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken.
3. All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accuseds sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
Sec. 158. A court-martial shall announce its findings and sentence to the parties as soon as determined.
Sec. 159. 1. Each court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall be authenticated by the signatures of the president and the law officer. If the record cannot be authenticated by either the president or the law officer, by reason of his death, disability or absence, it shall be signed by a member in lieu of him. If both the president and the law officer are unavailable, the record shall be authenticated by two members. A record of the proceedings of a trial in which the sentence adjudged includes a bad-conduct discharge or is more than that which could be adjudged by a special court-martial shall contain a complete verbatim account of the proceedings and testimony before the court. All other records of trial shall contain such matter and be authenticated in such manner as the governor may, by department regulation, prescribe.
2. A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated. If a verbatim record of trial by general court-martial is not required by subsection 1, the accused may buy such a record in accordance with department regulations.
Sec. 160. Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
Sec. 161. 1. The punishments which a court-martial may direct for an offense may not exceed limits prescribed by this code.
2. None of the provisions of this code shall subject anyone to imprisonment for failure to pay a fine imposed by a military court.
Sec. 162. 1. Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority.
κ1967 Statutes of Nevada, Page 1326 (CHAPTER 488, AB 139)κ
allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.
2. Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial but periods during which the sentence to confinement is suspended shall be excluded in computing the service of the term of confinement. Department regulations may provide that sentences of confinement may not be executed until approved by designated officers.
3. All other sentences of courts-martial are effective on the date ordered executed.
Sec. 163. 1. A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the Nevada National Guard or in any jail, penitentiary or prison designated for that purpose. Persons so confined in a jail, penitentiary or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary or prison by the courts of the state or of any political subdivision thereof.
2. The ommission of the words hard labor from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.
3. The keepers, officers and wardens of city or county jails and of other jails, penitentiaries or prisons designated by the governor, or by such person as he may authorize to act under section 108 of this act, shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law. No such keeper, officer or warden may require payment of any fee or charge for so receiving or confining a person.
Sec. 164. 1. Unless otherwise provided in department regulations, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes:
(a) A dishonorable or bad-conduct discharge;
(b) Confinement; or
(c) Hard labor without confinement,
reduces that member to pay grade E-1, effective on the date of that approval.
2. If the sentence of a member who is reduced in pay grade under subsection 1 is set aside or disapproved, or, as finally approved, does not include punishment named in subsection 1, the rights and privileges of which he was deprived because of that reduction shall be restored to him and he is entitled to the pay and allowances to which he would have been entitled, for the period the reduction was in effect, had he not been so reduced.
Sec. 165. Except as provided in sections 124 to 170, inclusive, of this act, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by him. He shall approve the sentence or such part, amount or commuted form of the sentence as he sees fit, and may suspend the execution of the sentence as approved by him.
κ1967 Statutes of Nevada, Page 1327 (CHAPTER 488, AB 139)κ
approve the sentence or such part, amount or commuted form of the sentence as he sees fit, and may suspend the execution of the sentence as approved by him.
Sec. 166. 1. After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command or by the governor.
2. The convening authority shall refer the record of each general court-martial to the state judge advocate, who shall submit his written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction.
Sec. 167. 1. If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.
2. Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:
(a) For reconsideration of a finding of not guilty of any specification, or a ruling which amounts to a finding of not guilty;
(b) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; or
(c) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
Sec. 168. 1. If the convening authority disapproves the findings and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a rehearing, he shall dismiss the charges.
2. Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.
Sec. 169. In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and as he in his discretion determines should be approved.
κ1967 Statutes of Nevada, Page 1328 (CHAPTER 488, AB 139)κ
Unless he indicated otherwise, approval of the sentence is approval of the findings and sentence.
Sec. 170. 1. If the convening authority is the governor, his action on the review of any record of trial is final.
2. In all other cases not covered by subsection 1, if the sentence of a special court-martial as approved by the convening authority includes a bad-conduct discharge, whether or not suspended, the entire record shall be sent to the appropriate staff judge advocate or legal officer of the state force concerned to be reviewed in the same manner as a record of trial by general court-martial. The record and the opinion of the staff judge advocate or legal officer shall then be sent to the state judge advocate for review.
3. All other special and summary court-martial records shall be sent to the law specialist or legal officer of the appropriate force of the Nevada National Guard and shall be acted upon, transmitted and disposed of as may be prescribed by department regulations.
4. The state judge advocate shall review the record of trial in each case sent to him for review as provided under subsection 3. If the final action of the court-martial has resulted in an acquittal of all charges and specifications, the opinion of the state judge advocate shall be limited to questions of jurisdiction.
5. The state judge advocate shall take final action in any case reviewable by him.
6. In a case reviewable by the state judge advocate under this section, the state judge advocate may act only with respect to the findings and sentence as approved by the convening authority. He may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record he may weigh the evidence, judge the credibility of witnesses and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses. If the state judge advocate sets aside the findings and sentence, he may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If he sets aside the findings and sentence and does not order a rehearing, he shall order that the charges be dismissed.
7. In a case reviewable by the state judge advocate under this section, he shall instruct the convening authority to act in accordance with his decision on the review. If he has ordered a rehearing but the convening authority finds a rehearing impracticable, he may dismiss the charges.
8. The state judge advocate may order one or more boards of review each composed of not less than three commissioned officers of the Nevada National Guard, each of whom must be a member of the State Bar of Nevada. Each board of review shall review the record of any trial by special court-martial, including a sentence to a bad-conduct discharge, referred to it by the state judge advocate. Boards of review have the same authority on review as the state judge advocate has under this section.
Sec. 171. 1. A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
κ1967 Statutes of Nevada, Page 1329 (CHAPTER 488, AB 139)κ
2. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.
Sec. 172. 1. Upon the final review of a sentence of a general court-martial or of a sentence to a bad-conduct discharge, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the state judge advocate.
2. Upon the request of an accused entitled to be so represented, the state judge advocate shall appoint a lawyer who is a member of the Nevada National Guard and who has the qualifications prescribed in section 132 of this act, if available, to represent the accused before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the state judge advocate, in the review of cases specified in subsection 1 of this section.
3. If provided by him, an accused entitled to be so represented may be represented by civilian counsel before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the state judge advocate.
Sec. 173. 1. Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel if he so desires.
2. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the governor in cases involving a general court-martial sentence and to the commanding officer of the force of the Nevada National Guard of which the probationer is a member in all other cases covered by subsection 1. If the governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.
3. The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
Sec. 174. At any time within 2 years after approval by the convening authority of a court-martial sentence which extends to dismissal, dishonorable or had-conduct discharge, the accused may petition the governor for a new trial on ground of newly discovered evidence or fraud on the court-martial.
Sec. 175. 1. A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.
2. The governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
Sec. 176. 1. Under department regulations, all rights, privileges and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon the new trial or rehearing.
κ1967 Statutes of Nevada, Page 1330 (CHAPTER 488, AB 139)κ
such executed part is included in a sentence imposed upon the new trial or rehearing.
2. If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment.
3. If a previously executed sentence of dismissal is not imposed on a new trial, the governor shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the governor alone to such commissioned grade and with such rank as in the opinion of the governor that former officer would have attained had he not been dismissed. The reappointment of such former officer may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment shall be considered as service for all purposes.
Sec. 177. The proceedings, findings and sentences of court-martial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution under sentences by court-martial following review and approval, as required by this code, are final and conclusive. Orders publishing the proceedings of court-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies and officers of the state, subject only to action upon a petition for a new trial as provided in section 174 of this act.
Sec. 178. No person may be tried or punished for any offense provided for in sections 179 to 221, inclusive, of this act, unless it was committed while he was in a duty status.
Sec. 179. Any person subject to this code who:
1. Commits an offense punishable by this code, or aids, abets, counsels, commands or procures its commission; or
2. Causes an act to be done which if directly performed by him would be punishable by this code,
is a principal.
Sec. 180. Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment shall be punished as a court-martial may direct.
Sec. 181. An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
Sec. 182. 1. An act done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending even though failing to effect its commission, is an attempt to commit that offense.
2. Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.
3. Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
Sec. 183. Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
κ1967 Statutes of Nevada, Page 1331 (CHAPTER 488, AB 139)κ
other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
Sec. 184. 1. Any person subject to this code who solicits or advises another or others to desert in violation of section 187 of this act or to mutiny in violation of section 196 of this act shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense; but if the offense solicited or advised is not committed or attempted he shall be punished as a court-martial may direct.
2. Any person subject to this code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of section 201 of this act or sedition in violation of section 196 of this act shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but if the offense solicited or advised is not committed he shall be punished as a court-martial may direct.
Sec. 185. Any person who:
1. Procures his own enlistment or appointment in the Nevada National Guard by knowingly false representation or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or
2. Procures his own separation from the Nevada National Guard by knowingly false representation or deliberate concealment as to his eligibility for that separation,
shall be punished as a court-martial may direct.
Sec. 186. Any person subject to this code who effects an enlistment or appointment in or a separation from the Nevada National Guard of any person who is known to him to be ineligible for that enlistment, appointment or separation because it is prohibited by law, regulation or order shall be punished as a court-martial may direct.
Sec. 187. 1. Any member of the Nevada National Guard who:
(a) Without authority goes or remains absent from his unit, organization or place of duty with intent to remain away therefrom permanently;
(b) Quits his unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or
(c) Without being regularly separated from one of the forces of the Nevada National Guard enlists or accepts an appointment in the same or another one of the forces of the Nevada National Guard, or in one of the Armed Forces of the United States, without fully disclosing the fact that he has not been regularly separated,
is guilty of desertion.
2. Any commissioned officer of the Nevada National Guard who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
3. Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
Sec. 188. Any person subject to this code who, without authority:
1. Fails to go to his appointed place of duty at the time prescribed;
2. Goes from that place; or
κ1967 Statutes of Nevada, Page 1332 (CHAPTER 488, AB 139)κ
3. Absents himself or remains absent from his unit, organization or place of duty at which he is required to be at the time prescribed,
shall be punished as a court-martial may direct.
Sec. 189. Any person subject to this code who through neglect or design misses the movement of a ship, aircraft or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.
Sec. 190. Any person subject to this code who uses contemptuous words against the President, the governor or the legislature of this state, or the governor or legislature of any state, territory, commonwealth or possession wherein that person may be serving, shall be punished as a court-martial may direct.
Sec. 191. Any person subject to this code who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.
Sec. 192. Any person subject to this code who:
1. Strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while he is in the execution of his office; or
2. Willfully disobeys a lawful command of his superior commissioned officer,
shall be punished as a court-martial may direct.
Sec. 193. Any warrant officer or enlisted member who:
1. Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of his office;
2. Willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or
3. Treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of his office,
shall be punished as a court-martial may direct.
Sec. 194. Any person subject to this code who:
1. Violates or fails to obey any lawful general order or regulation;
2. Having knowledge of any other lawful order issued by a member of the Nevada National Guard, which it is his duty to obey, fails to obey the order; or
3. Is derelict in the performance of his duties,
shall be punished as a court-martial may direct.
Sec. 195. Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct.
Sec. 196. 1. Any person subject to this code who:
(a) With intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny.
(b) With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence or other disturbance against that authority is guilty of sedition.
(c) Fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
κ1967 Statutes of Nevada, Page 1333 (CHAPTER 488, AB 139)κ
mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
2. A person who is found guilty of attempted mutiny, mutiny, sedition or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
Sec. 197. Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a court-martial may direct.
Sec. 198. Any person subject to this code who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
Sec. 199. Any person subject to this code who, except as provided by law or regulation, apprehends, arrests or confines any person shall be punished as a court-martial may direct.
Sec. 200. Any person subject to this code who:
1. Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or
2. Knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during or after trial of an accused,
shall be punished as a court-martial may direct.
Sec. 201. Any person subject to this code who before or in the presence of the enemy:
1. Runs away;
2. Shamefully abandons, surrenders or delivers up any command, unit, place or military property which it is his duty to defend;
3. Through disobedience, neglect or intentional misconduct endangers the safety of any such command, unit, place or military property;
4. Casts away his arms or ammunition;
5. Is guilty of cowardly conduct;
6. Quits his place of duty to plunder or pillage;
7. Causes false alarms in any command, unit or place under control of the Armed Forces of the United States or the organized militia;
8. Willfully fails to do his utmost to encounter, engage, capture or destroy any enemy troops, combatants, vessels, aircraft or any other thing, which it is his duty so to encounter, engage, capture or destroy; or
9. Does not afford all practicable relief and assistance to any troops, combatants, vessels or aircraft of the Armed Forces belonging to the United States or their allies, to this state or to any other state, when engaged in battle,
shall be punished as a court-martial may direct.
Sec. 202. Any person subject to this code who compels or attempts to compel the commander of any force of the Nevada National Guard or of the National Guard of any other state to give it up to an enemy or to abandon it, or who strikes the colors or flag to any enemy without proper authority, shall be punished as a court-martial may direct.
Sec. 203. Any person subject to this code who in time of war discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give shall be punished as a court-martial may direct.
κ1967 Statutes of Nevada, Page 1334 (CHAPTER 488, AB 139)κ
countersign a different parole or countersign from that which, to his knowledge, he was authorized and required to give shall be punished as a court-martial may direct.
Sec. 204. Any person subject to this code who forces a safeguard shall be punished as a court-martial may direct.
Sec. 205. 1. All persons subject to this code shall secure all public property taken from the enemy for the service of the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody or control.
2. Any person subject to this code who:
(a) Fails to carry out the duties prescribed in subsection 1;
(b) Buys, sells, trades or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit or advantage to himself or another directly or indirectly connected with himself; or
(c) Engages in looting or pillaging,
shall be punished as a court-martial may direct.
Sec. 206. Any person subject to this code who:
1. Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money or other things; or
2. Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly,
shall be punished as a court-martial may direct.
Sec. 207. Any person subject to this code who, while in the hands of the enemy in time of war:
1. For the purpose of securing favorable treatment by his captors acts without proper authority in a manner contrary to law, custom or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or
2. While in a position of authority over such persons maltreats them without justifiable cause,
shall be punished as a court-martial may direct.
Sec. 208. Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
Sec. 209. Any person subject to this code who, without proper authority:
1. Sells or otherwise disposes of;
2. Willfully or through neglect damages, destroys or loses; or
3. Willfully or through neglect suffers to be lost, damaged, destroyed, sold or wrongfully disposed of,
any military property of the United States or of the state shall be punished as a court-martial may direct.
Sec. 210. Any person subject to this code who, while in a duty status, willfully or recklessly wastes, spoils or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the state shall be punished as a court-martial may direct.
κ1967 Statutes of Nevada, Page 1335 (CHAPTER 488, AB 139)κ
Sec. 211. 1. Any person subject to this code who willfully and wrongfully hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or of the Nevada National Guard shall be punished as a court-martial may direct.
2. Any person subject to this code who negligently hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or of the Nevada National Guard shall be punished as a court-martial may direct.
Sec. 212. Any person subject to this code who operates any vehicle while drunk, or in a reckless or wanton manner, shall be punished as a court-martial may direct.
Sec. 213. Any person subject to this code who is found drunk on duty or sleeping upon his post, or who leaves his post before he is regularly relieved, shall be punished as a court-martial may direct.
Sec. 214. Any person subject to this code who fights or promotes, or is concerned in or connives at fighting a duel, or who, having knowledge of a challenge sent or about to be sent, fails to report the fact promptly to the proper authority shall be punished as a court-martial may direct.
Sec. 215. Any person subject to this code who for the purpose of avoiding work duty or service in the Nevada National Guard:
1. Feigns illness, physical disablement, mental lapse or derangement; or
2. Intentionally inflicts self-injury,
shall be punished as a court-martial may direct.
Sec. 216. Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
Sec. 217. Any person subject to this code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial may direct.
Sec. 218. Any person subject to this code who wrongfully and fraudulently takes and carries away the personal goods of another, of the value of less than $100, with intent to steal it, shall be punished as a court-martial may direct.
Sec. 219. Any person subject to this code who in a judicial proceeding or in a course of justice conducted under this code willfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct.
Sec. 220. Any person subject to this code:
1. Who, knowing it to be false or fraudulent:
(a) Makes any claim against the United States, the state or any officer thereof; or
(b) Presents to any person in the civil or military service thereof, for approval or payment, any claim against the United States, the state or any officer thereof;
2. Who, for the purpose of obtaining the approval, allowance or payment of any claim against the United States, the state or any officer thereof:
κ1967 Statutes of Nevada, Page 1336 (CHAPTER 488, AB 139)κ
(a) Makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;
(b) Makes any oath to any fact or to any writing or other paper knowing the oath to be false; or
(c) Forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing it to be forged or counterfeited;
3. Who, having charge, possession, custody or control of any money or other property of the United States or the state, furnished or intended for the Armed Forces of the United States or the Nevada National Guard or any force thereof, knowingly delivers to any person having authority to receive it any amount thereof less than that for which he receives a certificate or receipt; or
4. Who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or the state, furnished or intended for the Armed Forces of the United States or the Nevada National Guard or any force thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the state, shall upon conviction, be punished as a court-martial may direct.
Sec. 221. Any commissioned officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
Sec. 222. Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the Nevada National Guard of which persons subject to this code may be guilty shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. However, cognizance may not be taken and jurisdiction may not be extended to the crimes of murder, manslaughter, rape, larceny and wrongful appropriation for value of $100 and over, robbery, maiming, sodomy, arson, extortion, assault, burglary or housebreaking, jurisdiction of which is reserved to civil courts, except as provided in section 126 of this act.
Sec. 223. 1. Courts of inquiry to investigate any matter may be convened by the governor or by any other person designated by the governor for that purpose, whether or not the persons involved have requested such an inquiry.
2. A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.
3. Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code or employed in the department who has a direct interest in the subject of inquiry has the right to be designated as a party upon request of the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses and to introduce evidence.
4. Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
5. The members, counsel, the reporter and interpreters of courts of inquiry shall take an oath of affirmation to faithfully perform their duties.
κ1967 Statutes of Nevada, Page 1337 (CHAPTER 488, AB 139)κ
6. Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.
7. Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
8. Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
Sec. 224. Sections 99, 100, 104 to 118, inclusive, 130, 132, 142, 160, 178 to 220, inclusive, and 224 to 226, inclusive, of this act shall be carefully explained to every enlisted member at the time of his enlistment or transfer or induction into, or at the time of his being ordered to duty in or with, any of the state military forces or within 30 days thereafter. They shall also be explained annually to each unit of the state military forces. A complete text of this code and department regulations thereunder shall be made available to any member of the militia, upon his request, for his personal examination.
Sec. 225. Any member of the militia who believes himself wronged by his commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the adjutant generals office.
Sec. 226. 1. Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that his property has been wrongully taken by members of the Nevada National Guard, he may, subject to department regulations, convene a board to investigate the complaint. The board shall consist of from one to three officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by him shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subsection 3, on any disbursing officer for the payment by him to the injured parties of the damages so assessed and approved.
2. lf the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the military fund of the unit or units of the Nevada National Guard to which such offenders belong.
3. Any person subject to this code who is accused of causing willful damage to property has the right to be represented by counsel, to summon witnesses in his behalf and to cross-examine those appearing against him. He has the right to appeal to the next higher commander.
κ1967 Statutes of Nevada, Page 1338 (CHAPTER 488, AB 139)κ
Sec. 227. 1. In the Nevada National Guard not in federal service, military courts are empowered to issue all process and mandates, including writs and warrants, necessary and proper to carry into full effect the powers vested in such courts. Such process and mandates may be directed to the provost marshal, the sheriff of any county, and the constables and marshals of any town or city. All officers to whom such process or mandates are directed shall execute the same and make return of their acts thereunder according to the requirements of the same.
2. The keepers and wardens of all city, county and city, and county jails shall receive the bodies of persons committed by the process or mandate of a military court and confine them in the manner prescribed by law.
3. Except as otherwise specially provided in this code, no fees or charges of any nature shall be demanded or required to be paid by the state, or any military court or member thereof, or by the person executing its mandate or process, or by any public officer for receiving, executing or returning any such process or mandate, or for any service in connection therewith, or for receiving or confining the person in jail or custody thereunder.
Sec. 228. 1. For the purpose of collecting fines or penalties imposed by a court-martial, the president of any general or special court-martial and the summary court officer of any summary court-martial shall make a list of all fines and penalties and of the persons against whom they have been imposed, and may thereafter issue a warrant under his hand directed to any sheriff or constable of the county, commanding him to levy and collect such fines, together with the costs, upon and out of the property of the person against whom the fine or penalty was imposed.
2. Such warrant shall be executed and renewed in the same manner as executions from justices courts are executed and renewed.
3. The amount of such a fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or thereafter to become due him, until the fine is liquidated. Any sum so deducted shall be turned in to the military court which imposed the fine and shall be paid over by the officer receiving it in like manner as provided for other fines and moneys collected under a sentence of a summary court-martial.
4. All fines collected shall be paid by the officer collecting the same to the commanding officer of the organization of which the person fined is or was a member and accounted for by the commanding officer in the same manner as are other state funds.
Sec. 229. No action or proceeding may be prosecuted against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court.
Sec. 230. The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding.
Sec. 231. The governor may delegate any authority vested in him under this code, and may provide for the subdelegation of any such authority, except with respect to the power given him by sections 124 and 127 of this act.
κ1967 Statutes of Nevada, Page 1339 (CHAPTER 488, AB 139)κ
under this code, and may provide for the subdelegation of any such authority, except with respect to the power given him by sections 124 and 127 of this act.
Sec. 232. A person making a false oath as to any material statement contained in an enlistment contract is guilty of perjury and shall be punished upon conviction as provided in NRS 199.120.
Sec. 233. 1. When the governor or adjutant general orders the return to the state of any arms, equipment, military stores or other military property belonging to the state, or for which the state is responsible, such arms and military property shall be delivered immediately to the officer authorized in the order to receive it, who shall give a receipt for the property and describe its condition in the receipt. If the property mentioned in the order is not promptly delivered as directed, the officer named in the order may take immediate possession of the same in the name of the state.
2. Any person who fails to deliver military property as prescribed by subsection 1 or resists any officer in the performance of the duty required of him by subsection 1 is guilty of a misdemeanor.
Sec. 234. It is unlawful for any officer in charge of public property for military use to transfer any portion thereof, either as a loan or permanently, without the authority of the governor or adjutant general.
Sec. 235. It is unlawful for any member of the Nevada National Guard to wear, when on or off duty, any uniform or any device, strap, knot or insignia of any design or character used as a designation of grade, rank or office, such as are by law or regulation, duly promulgated, prescribed for the use of the Nevada National Guard without the permission of his commanding officer.
Sec. 236. 1. The Nevada National Guard shall be uniformed as the United States Army or United States Air Force, respectively, are uniformed, except that the authorized shoulder patch of the Nevada National Guard will be worn on the left shoulder of the outer garment.
2. Whoever, in any place within the jurisdiction of this state, without authority, wears the uniform of the Nevada National Guard or a distinctive part thereof or anything similar to a distinctive part thereof is guilty of a misdemeanor.
Sec. 237. 1. Any person who trespasses upon any armory, arsenal, camp, range, base or other facility of the Nevada National Guard or other place where any unit of the Nevada National Guard is performing military duty, including training, or who in any way or manner interrupts or molests the discharge of military duties by any member of the Nevada National Guard or of the Armed Forces of the United States or who trespasses or prevents the passage of troops of the Nevada National Guard or of the Armed Forces of the United States in the performance of their military duties may:
(a) Be placed in arrest by the commanding officer, or his designated representative, of the unit performing such military duty at the place where the offense is committed and may be held in arrest during the continuance of the performance of such military duty, but not to exceed 12 hours; and
(b) Be subject to arrest and punishment by a court of competent jurisdiction for a breach of the peace.
2. The commanding officer or his designated representative, of any unit of the Nevada National Guard performing military duty in or at any armory, arsenal, camp, range, base or other facility of the Nevada National Guard or other place where such unit is performing military duty may prohibit persons who hawk, peddle, vend or sell goods, wares, merchandise, food products or beverages upon the streets and highways from conducting sales or auctions, and may prohibit all gambling within the limits of such armory, arsenal, camp, range, base or other facility of the Nevada National Guard or other place where such unit is performing military duty or within such limits not exceeding I mile therefrom as he may prescribe.
κ1967 Statutes of Nevada, Page 1340 (CHAPTER 488, AB 139)κ
unit of the Nevada National Guard performing military duty in or at any armory, arsenal, camp, range, base or other facility of the Nevada National Guard or other place where such unit is performing military duty may prohibit persons who hawk, peddle, vend or sell goods, wares, merchandise, food products or beverages upon the streets and highways from conducting sales or auctions, and may prohibit all gambling within the limits of such armory, arsenal, camp, range, base or other facility of the Nevada National Guard or other place where such unit is performing military duty or within such limits not exceeding I mile therefrom as he may prescribe. Such commanding officer may in his discretion abate as common nuisances all such sales, auctions and gambling.
3. Nothing in subsection 2 applies to licensed gambling establishments located within 1 mile of the facilities designated in subsection 2.
4. Any person violating any provision of subsection 2 by conducting prohibited sales, auctions or gambling is guilty of a misdemeanor.
Sec. 238. The Nevada National Guard in the performance of its military duties has the right of way over any persons or vehicles on any public street or highway of this state, except United States mail carriers, fire apparatus and other emergency vehicles. Any person who hinders or delays, or obstructs, the Nevada National Guard in the performance of its military duties is guilty of a misdemeanor.
Sec. 239. 1. It is unlawful for any body of men whatever, other than the Nevada National Guard and the troops of the United States, to associate themselves together as a military company or organization to drill or parade with arms in any city or town of this state, without the license of the governor, which license may at any time be revoked.
2. Students in educational institutions where military science is a part of the course of instruction may, with the consent of the governor, drill and parade with arms in public under the superintendence of their instructor.
3. Nothing contained in this section shall be construed so as to prevent members of benevolent or social organizations from wearing swords.
4. Any person violating any of the provisions of this section is guilty of a misdemeanor.
Sec. 240. 1. No person, firm, association or corporation shall, by any constitution, rule, bylaw, resolution, vote or regulation, discriminate against any member of the Nevada National Guard because of his membership therein.
2. Any person who willfully aids in enforcing any such constitution, rule, bylaw, resolution, vote or regulation against any member of the Nevada National Guard is guilty of a misdemeanor.
Sec. 241. NRS 3.110 is hereby amended to read as follows:
3.110 [1.] When there is an unlawful or riotous assembly with the intent to commit a felony, or to offer violence to person or property, or to resist, by force, the laws of the state, and the fact is made to appear to a district judge, he may [issue an order directed to the commanding officer of a division, brigade, regiment, battalion, or company, to order his command, or any part thereof (describing the kind and number of troops), to appear at a time and place therein specified,] call upon the governor for military aid in the manner provided by law, to aid the civil authorities in suppressing violence and enforcing the laws.
κ1967 Statutes of Nevada, Page 1341 (CHAPTER 488, AB 139)κ
[2. The commanding officer to whom the order is given shall obey the same forthwith and the troops so required shall appear at the time and place appointed, armed and equipped with ammunition as per inspection, and shall execute any order that they shall then receive, according to law.]
Sec. 242. NRS 203.080 is hereby amended to read as follows:
203.080 1. It shall be unlawful for any body of men other than [the Nevada state police or] municipal police, university or public school cadets or companies, [national guard] militia of the state or troops of the United States, to associate themselves together as a military company with arms without the consent of the governor; but members of social and benevolent associations are not prohibited from wearing swords.
2. Every person who shall associate with others in violation of this section shall be guilty of a misdemeanor.
Sec. 243. NRS 248.220 is hereby amended to read as follows:
248.220 [1.] When there is an unlawful or riotous assembly, with the intent to commit a felony, or to offer violence to person or property, or to resist, by force, the laws of the state, and the fact is made to appear to the sheriff of the county, the sheriff may [issue an order, directed to the commanding officer of a division, brigade, regiment, battalion or company, to order his command, or any part thereof (describing the kind and number of troops), to appear at a time and place therein specified,] call upon the governor for military aid in the manner provided by law, to aid the civil authorities in suppressing violence and enforcing the laws.
[2. The commanding officer to whom the order is given shall forthwith obey the same, and the troops so required shall appear at the time and place appointed, armed and equipped with ammunition as per inspection, and shall execute any order that they shall then and there receive, according to law.
3. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, or arresting the offenders, it shall obey such orders in relation thereto as may have been made by the sheriff of the county.]
Sec. 244. NRS 281.290 is hereby amended to read as follows:
281.290. 1. When a public officer authorized to execute process shall find, or have reason to apprehend, that resistance will be made to the execution of his process, he may command as many male inhabitants of his county as he may think proper, and [any military company or companies in the county, armed and equipped,] may call upon the governor for military aid in the manner provided by law, to assist him in overcoming the resistance, and, if necessary, in seizing, arresting and confining the resisters and their aiders and abettors, to be punished according to law.
2. The officer shall certify, to the court from which the process issued, the names of the resisters and their aiders and abettors, to the end that they be proceeded against for their contempt of court.
Sec. 245. NRS 1.300, 281.300 and 412.010 to 412.995, inclusive, are hereby repealed.
Sec. 246. This act shall become effective at 12:02 a.m. on July 1, 1967.
________
κ1967 Statutes of Nevada, Page 1342κ
Senate Bill No. 475Clark County Delegation
CHAPTER 489
AN ACT to amend chapter 396 of NRS, relating to the University of Nevada; providing for the creation of a nonprofit corporation pursuant to NRS 81.290 to 81.340, inclusive; providing the basic function of such corporation and the character thereof; specifying powers, duties, rights, privileges, liabilities and limitations in connection therewith; and providing other matters properly relating thereto.
[Approved April 20, 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 the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. The Board of regents, in the name and on the behalf of the University of Nevada may:
1. Cause to be formed a nonprofit corporation pursuant to NRS 81.290 to 81.340, inclusive, for the acquisition of real property for the future development and expansion of Nevada Southern University in Clark County.
2. Provide the name of the corporation.
3. Specify it is formed for charitable and education purposes, subject to the basic object provided therefor in subsection 1.
4. Specify incidental powers which the corporation may exercise, including without limitation:
(a) The power to solicit and receive contributions, gifts, grants, devises and bequests of real and personal property, or any combination thereof;
(b) The powers enumerated in NRS 81.310; and
(c) The power to do all acts and things as may be necessary or convenient or desirable to carry out the objects and purposes for which such corporation is formed.
5. Provide for:
(a) The location and relocation of the principal office of such corporation;
(b) The distribution of its assets, after the liquidation of its obligations, if any, to the University of Nevada or its board of regents, as it may determine, for the benefit of Nevada Southern University upon any dissolution and liquidation of the corporation;
(c) Its perpetual existence;
(d) Its governing body and appointments and reappointments of members thereto; and
(e) The adoption and alteration from time to time of bylaws by the corporation.
Sec. 3. Neither the University of Nevada nor its board of regents shall be obligated to acquire from such nonprofit corporation any property acquired by it, except as is otherwise provided in section 8 of this act.
Sec. 4. Such nonprofit corporation, upon its formation, shall be:
1. A corporate agency of the University of Nevada and its board of regents;
2. A body corporate and politic; and
3. A political subdivision of this state.
κ1967 Statutes of Nevada, Page 1343 (CHAPTER 489, SB 475)κ
Sec. 5. No part of the activities of such corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, or participation or intervention in (including without limitation the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.
Sec. 6. The activities of such corporation are hereby determined to be essentially public in nature.
Sec. 7. Any income of the corporation shall not inure to any member thereof or to any other private person, partnership or corporation, excluding any payment of the nonprofit corporations operation and maintenance expenses, any securities requirements, and any other obligations based on contract or tort.
Sec. 8. The University of Nevada, or its board of regents, as it may determine, shall have the beneficial interest in such corporation while any obligations evidenced by its bonds or other securities remain outstanding; and the university or the board, as it may determine, may obligate itself to take full legal title to the property of the corporation upon the retirement of its securities.
Sec. 9. The university, acting by and through the board may:
1. Approve the corporation and any securities issued thereby.
2. Do all acts and things as may be necessary or convenient or desirable, as the board may determine, to further the powers provided in this section.
Sec. 10. This act shall become effective upon passage and approval.
________
Senate Bill No. 207Senators Slattery, Swobe, Bailey, Farr, Hug and Young
CHAPTER 490
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Storey County, Nevada, and regulating the employment and compensation of deputies and other employees of such offices, and repealing all acts and parts of acts in conflict herewith, approved March 12, 1957, as amended.
[Approved April 20, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, as last amended by chapter 237, Statutes of Nevada 1965, at page 430, is hereby amended to read as follows:
Section 2. The district attorney of Storey County, Nevada, shall receive a salary of not less than [$5,950] $6,300 or more than [$6,300] $8,400 per annum for all his services as such officer. [In case of emergency he] He may, with the consent of the board of county commissioners, employ one deputy who shall receive a salary [of not less than $425 or more than $475 per month. In case of emergency he] to be fixed by the board of county commissioners. He may, with the consent of the board of county commissioners, employ one person to act as his secretary, [, such secretary to serve only as long as the emergency may continue and] to be paid at a [daily rate] salary fixed by the board of county commissioners.
κ1967 Statutes of Nevada, Page 1344 (CHAPTER 490, SB 207)κ
[, such secretary to serve only as long as the emergency may continue and] to be paid at a [daily rate] salary fixed by the board of county commissioners.
Sec. 2. Section 3 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, as last amended by chapter 237, Statutes of Nevada 1965, at page 431, is hereby amended to read as follows:
Section 3. 1. The sheriff for services as such and chief of police of all the unincorporated towns within Storey County, Nevada, shall receive a salary of not less than [$5,950] $6,300 or more than [$6,300] $8,400 per annum.
2. The sheriff shall act as chief of police of all the unincorporated towns within Storey County, Nevada, without additional compensation as provided herein, and notwithstanding the provisions of NRS 269.235 or any other statutes, the board of county commissioners shall not appoint a chief of police for such unincorporated towns.
3. The sheriff shall be allowed to appoint one deputy who shall receive a salary [of not less than $425 or more than $475 per month,] to be fixed by the board of county commissioners, and he shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature. With the consent and approval of the board of county commissioners, the sheriff may appoint additional deputies whose compensation shall be fixed by the board of county commissioners.
Sec. 3. Section 3.5 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, as added by chapter 237, Statutes of Nevada 1965, at page 431, is hereby amended to read as follows:
Section 3.5. [On and after July 1, 1965, the] The county assessor shall receive a salary of not less than [$5,950] $6,300 or more than [$6,300] $8,400 per annum for all his services as such officer. With the approval of the board of county commissioners, the county assessor may appoint one deputy whose compensation shall be fixed by the board of county commissioners. With the approval of the board of county commissioners, the county assessor may appoint clerical assistants whose compensation shall be fixed by the board of county commissioners. The county assessor shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature.
Sec. 4. Section 4 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, as last amended by chapter 237, Statutes of Nevada 1965, at page 432, is hereby amended to read as follows:
Section 4. The county recorder, for services as such and as ex officio auditor, shall receive a salary of not less than [$5,950] $6,300 or more than [$6,300] $8,400 per annum. He shall be allowed to appoint one deputy at a salary [of not less than $425 or more than $475 per month;] to be fixed by the board of county commissioners; but in the case of emergency and when the board of county commissioners deems it necessary the county recorder and ex officio auditor may, with the consent and approval of the board of county commissioners, appoint one or more deputies, such deputy or deputies to serve only as long as the emergency may continue and to be paid at a daily rate to be fixed by the board of county commissioners. The recorder and ex officio auditor shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
κ1967 Statutes of Nevada, Page 1345 (CHAPTER 490, SB 207)κ
shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
Sec. 5. Section 5 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, as last amended by chapter 237, Statutes of Nevada 1965, at page 432, is hereby amended to read as follows:
Section 5. The county clerk, for services as such and as ex officio treasurer, clerk of the district court, and clerk of the board of county commissioners, shall receive a salary of not less than [$5,950] $6,300 or more than [$6,300] $8,400 per annum, which shall be in full compensation for all services rendered. He shall be allowed to appoint one deputy who shall receive a salary [of not less than $425 or more than $475 per month.] to be fixed by the board of county commissioners. In case of emergency and when the board of county commissioners deems it necessary, the clerk may, with the consent and approval of the board of county commissioners, appoint one or more deputies, such deputy or deputies to serve only as long as the emergency may continue and to be paid at a daily rate to be fixed by the board of county commissioners. The clerk and ex officio treasurer shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
Sec. 6. Section 6 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, as last amended by chapter 237, Statutes of Nevada 1965, at page 432, is hereby amended to read as follows:
Section 6. The county commissioners of Storey County, Nevada, shall each receive the sum of [:
1. $1,750 per annum until July 1, 1966, which shall be in full compensation for all services whatsoever required of such commissioners.
2. $2,000 per annum on and after July 1, 1966,] $2,250 per annum, which shall be in full compensation for all services whatsoever required of such commissioners.
Sec. 7. This act shall become effective on July 1, 1968.
________
κ1967 Statutes of Nevada, Page 1346κ
Assembly Bill No. 132Messrs. May, Bowler, Mrs. Tyson, Messrs. Smith, Espinoza, Ashworth, Frank Young, Wilson, Bishop, Lowman, Bryan Hafen, Hilbrecht, Miss Dungan and Mrs. Brookman
CHAPTER 491
AN ACT to amend NRS 369.230 and 369.470, relating to retail and wholesale sales of intoxicating liquors, by permitting wholesalers to sell to retailers delinquent in payment of account; to amend the title of and to amend an act entitled An Act to amend chapter 369 of NRS, relating to intoxicating liquor licenses and taxes, by adding a new section defining delinquency in payment; to amend NRS section 369.230, relating to suspension or revocation of intoxicating liquor licenses, by requiring suspension or revocation under certain circumstances; to amend NRS section 369.470, relating to wholesale dealers licenses, by permitting sales for cash to delinquent retailers and removing the former definition of delinquency; and providing other matters properly relating thereto, approved May 30, 1966; and providing other matters properly relating thereto.
[Approved April 21, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 369.230 is hereby amended to read as follows:
369.230 [1.] The board of county commissioners may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the action of any licensee under this chapter, and shall have power to recommend the temporary suspension or permanent revocation of a license for any one of the following acts or omissions:
[(a)] 1. Misrepresentation of a material fact by the applicant in obtaining a license under this chapter; or
[(b)] 2. If the licensee violates or causes or permits to be violated any of the provisions of this chapter; or
[(c)] 3. If the licensee commits any act which would be sufficient ground for the denial of an application for a license under this chapter; or
[(d)] 4. If the licensee sells liquor to a wholesaler or retailer who is not a holder of a proper license or permit at such time; or
[(e)] 5. If the licensee fails to pay the excise tax or any penalty in connection therewith, in whole or in part, imposed by law, or violates any rule or regulation of the tax commission respecting the same.
[2. The board of county commissioners shall recommend the suspension or revocation of a license:
(a) If the licensee sells liquor, except for cash as provided in section 1 of this act, to a retail liquor store which is delinquent in its payment for wholesale liquors; or
(b) If the licensee fails to report or falsely reports to the tax commission that a retail liquor store has become delinquent in payment for wholesale liquors.
Where the licensee is not the person to whom the delinquent account is due, his license shall not be suspended or revoked unless it is shown that the sale to a delinquent retail liquor store was made after receipt of a notice of delinquency from the tax commission.]
Sec. 2. NRS 369.470 is hereby amended to read as follows:
369.470 [1.] Wholesale dealers licenses shall permit the holders thereof to sell liquor to wholesalers, retailers and those instrumentalities of the Armed Forces of the United States specified in NRS 369.335 only anywhere in Nevada.
κ1967 Statutes of Nevada, Page 1347 (CHAPTER 491, AB 132)κ
of the Armed Forces of the United States specified in NRS 369.335 only anywhere in Nevada. Sale by a wholesaler to himself as a retailer is not the transaction of a bona fide wholesale business.
[2. Wholesale dealers shall not sell liquor, except for cash, to retail liquor stores which become delinquent in payment for wholesale liquors sold to them.
3. A wholesaler shall immediately report all such delinquent retail liquor stores to the tax commission and the tax commission shall notify and direct all licensed wholesalers in the state to stop the sale of all wholesale liquors, except for cash, to such delinquent retail liquor stores. A wholesaler shall immediately report to the tax commission any delinquent retail liquor store which fails to make the 25 percent installment payments required by section 1 of this act, and the tax commission shall thereupon notify and direct all licensed wholesalers in the state to stop all sales of wholesale liquors to such store.
4. Upon subsequent notification by a wholesaler to the tax commission that full payment has been received from a delinquent retail liquor store, the tax commission shall so advise all wholesalers and give them permission again to sell liquors to such retail liquor stores.]
Sec. 3. Section 1 of chapter 27, Statutes of Nevada 1966, at page 65, is hereby repealed.
Sec. 4. The title of chapter 27, Statutes of Nevada 1966, at page 65, is hereby amended to read as follows:
An Act to amend [chapter 369 of NRS, relating to intoxicating liquor licenses and taxes, by adding a new section defining delinquency in payment; to amend] NRS section 369.230, relating to suspension or revocation of intoxicating liquor licenses, by requiring suspension or revocation under certain circumstances; to amend NRS section 369.470, relating to wholesale dealers licenses, by permitting sales for cash to delinquent retailers and removing the former definition of delinquency; and providing other matters properly relating thereto.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 182Messrs. Torvinen, Wooster and McKissick
CHAPTER 492
AN ACT to amend NRS 3.010, relating to the judicial districts of the State of Nevada and the number of the district judges therein, by creating additional offices of district judge in the second and eighth judicial districts; providing for the filling of the vacancies in the offices of district judge created by this act; making an appropriation from the general fund in the state treasury; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 3.010 is hereby amended to read as follows:
3.010 1. The state is hereby divided into eight judicial districts, as follows:
κ1967 Statutes of Nevada, Page 1348 (CHAPTER 492, AB 182)κ
First judicial district. The counties of Ormsby, Douglas, Churchill, Storey and Lyon shall constitute the first judicial district.
Second judicial district. The county of Washoe shall constitute the second judicial district.
Third judicial district. The counties of Eureka and Lander shall constitute the third judicial district.
Fourth judicial district. The county of Elko shall constitute the fourth judicial district.
Fifth judicial district. The counties of Mineral, Esmeralda and Nye shall constitute the fifth judicial district.
Sixth judicial district. The counties of Pershing and Humboldt shall constitute the sixth judicial district.
Seventh judicial district. The counties of White Pine and Lincoln shall constitute the seventh judicial district.
Eighth judicial district. The county of Clark shall constitute the eighth judicial district.
2. For each of the judicial districts, except the first, second and eighth judicial districts, there shall be one [judge elected.] district judge. For the first judicial district there shall be two [judges elected.] district judges. For the second judicial district there shall be [four judges elected.] five district judges. For the eighth judicial district there shall be [five judges elected.] six district judges.
3. District judges shall be elected as provided in NRS 3.050. Whenever a vacancy shall occur in the office of any district judge it shall be filled as provided [by law.] in NRS 3.080.
Sec. 2. The governor shall, after July 1, 1967, in the manner provided by law, fill the vacancies which are created in the offices of district judge in the second and eighth judicial districts by the enactment of section 1 of this act.
Sec. 3. In addition to any other moneys appropriated by law there is hereby appropriated from the general fund in the state treasury for the support of judges salaries and pensions:
1. For the fiscal year commencing July 1, 1967, and ending June 30, 1968, the sum of $42,000.
2. For the fiscal year commencing July 1, 1968, and ending June 30, 1969, the sum of $42,000.
Sec. 4. 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.
________
κ1967 Statutes of Nevada, Page 1349κ
Senate Bill No. 527Senator Dodge
CHAPTER 493
AN ACT to amend an act entitled 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, being Assembly Bill No. 381 of the 54th session of the Nevada legislature.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 19 of the above-entitled act, being Assembly Bill No. 381 of the 54th session of the Nevada legislature, is hereby repealed.
Sec. 2. This act shall become effective at 12:02 a.m. on July 1, 1967.
________
Assembly Bill No. 494Committee on Social Welfare
CHAPTER 494
AN ACT relating to maternity homes; transferring the responsibility for licensing maternity homes from the health division to the welfare division of the department of health and welfare; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 449.020 is hereby amended to read as follows:
449.020 As used in NRS 449.020 to 449.240, inclusive, hospital:
1. Means any institution, place, building or agency which maintains and operates facilities for the diagnosis, care and treatment of human illness, including convalescence, and including medical care during and after pregnancy, to which a person may be admitted for overnight stay or longer.
2. Includes any sanitarium, rest home [, nursing home, maternity home and lying-in-asylum.] and nursing home.
Sec. 2. NRS 431.010 is hereby amended to read as follows:
431.010 As used in this chapter:
1. Group care facility means an establishment maintained for the purpose of:
(a) Furnishing food and shelter, in single or multiple facilities, to four or more aged, infirm or handicapped adult persons unrelated to the proprietor; [and] or
(b) Furnishing, either during pregnancy or after delivery, food and shelter in single or multiple facilities, commonly known as maternity homes, to two or more females unrelated to the operator; and
(c) Providing personal care or services which meet some need beyond basic needs of food, shelter and laundry.
κ1967 Statutes of Nevada, Page 1350 (CHAPTER 494, AB 494)κ
2. Person means any individual, firm, partnership, corporation, company or association and the legal successor thereof.
3. Welfare division means the welfare division of the department of health, welfare and rehabilitation.
Sec. 3. NRS 431.040 is hereby amended to read as follows:
431.040 1. No person shall operate a group care facility, as defined in this chapter, without a license from the welfare division. A maternity home which operates a hospital or provides facilities for childbirth shall also be licensed by the health division of the department of health and welfare under the provisions of NRS 449.015 to 449.240, inclusive.
2. No fee shall be charged for such [license.] licenses.
Sec. 4. NRS 424.110 is hereby amended to read as follows:
424.110 As used in NRS 424.120 to 424.160, inclusive:
1. Child care facility means any home, private institution or group furnishing care on a temporary or permanent basis during the day or overnight for compensation to five or more children under 16 years of age who are not related to each other. Child care facility does not include:
(a) The home of a natural parent or guardian [or a public institution;] , public institution or maternity home; or
(b) A home in which the only children received, cared for and maintained are related within the third degree of consanguinity by blood adoption or marriage to the person or persons maintaining the home; or
(c) A home, private institution or group furnishing care on a temporary or permanent basis during the day or overnight for compensation to two or more children under 16 years of age, all of which children are related to each other.
2. Person means an individual, partnership, firm, corporation or association.
Sec. 5. This act shall become effective at 12:02 a.m. on July 1, 1967.
________
Assembly Bill No. 496Committee on Agriculture, Irrigation and Livestock
CHAPTER 495
AN ACT relating to the inspection of meat in intrastate commerce; enacting a comprehensive meat inspection law and transferring the functions of slaughter inspection from the department of health and welfare to the state department of agriculture; providing penalties; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 583 is hereby amended by adding thereto the provisions set forth as sections 2 to 33, inclusive, of this act.
Sec. 2. As used in sections 2 to 33, inclusive, of this act, the words and terms defined in sections 3 to 19, inclusive, have the meanings ascribed to them in such sections.
Sec. 3. Adulterated applies:
κ1967 Statutes of Nevada, Page 1351 (CHAPTER 495, AB 496)κ
1. To any livestock or poultry carcass, or part thereof, under any of the following circumstances:
(a) If it bears or contains any poisonous or deleterious added substance which may render it injurious to health, or any poisonous or deleterious substance not added but in sufficient quantity to be injurious to health.
(b) If it bears or contains any added poisonous or added deleterious substance, unless such substance is permitted in its production or unavoidable under good manufacturing practices as may be determined by rules and regulations prescribed by the director.
2. To any poisonous or deleterious added substance exceeding the limit fixed by the director.
(a) If any substance has been substituted, wholly or in part, therefor.
(b) If damage or inferiority has been concealed in any manner.
(c) If any valuable constituent has been omitted or extracted, in whole or in part.
(d) If any substance has been added thereto or mixed or packed therewith to increase its bulk or weight, reduce its quality or strength, or make it appear better or of greater value than it is.
Sec. 4. Container means any box, can, tin, cloth, plastic or any other receptacle, wrapper or cover.
Sec. 5. Director means the executive director of the state department of agriculture.
Sec. 6. Federal Meat Inspection Act means the Act of Congress approved March 4, 1907, as amended and extended (21 U.S.C. §§ 71-99) and the imported meat provisions of subsections 306(b) and 306(c) of the Tariff Act of 1930, as amended (19 U.S.C. § 1306(b), (c)), and as such laws may be further amended from time to time.
Sec. 7. Immediate container means any consumer package or any other container in which an article, not consumer packaged, is packed.
Sec. 8. Inspector means an employee or official of the state department of agriculture authorized by the director to inspect livestock or poultry or carcasses or parts thereof.
Sec. 9. Intrastate commerce means commerce within this state.
Sec. 10. Label means any written, printed or graphic material upon the shipping container, if any, or upon the immediate container, including but not limited to an individual consumer package, of an article, or accompanying such article.
Sec. 11. Livestock means cattle, sheep, swine, goats or horses.
Sec. 12. Meat means any edible part of the carcass of any livestock.
Sec. 13. 1. Official establishment means any establishment in this state as determined by the director at which inspection of the slaughter of livestock or poultry or the processing of livestock or poultry carcasses or parts thereof is made under the authority of sections 2 to 33, inclusive, of this act.
2. Official establishment does not include any establishment whose function is processing to the exclusion of slaughtering.
Sec. 14. Official inspection mark means any symbol, formulated pursuant to rules and regulations prescribed by the director, stating that an article was inspected and passed.
κ1967 Statutes of Nevada, Page 1352 (CHAPTER 495, AB 496)κ
Sec. 15. Person means any individual, partnership, corporation, association or other business entity.
Sec. 16. Poultry means any live or slaughtered domesticated bird.
Sec. 17. Shipping container means any container used or intended for use in packaging the article packed in an immediate container.
Sec. 18. Unwholesome means:
1. Unsound, injurious to health, containing any biological residue not permitted by rules or regulations prescribed by the director, or otherwise rendered unfit for human food.
2. Consisting in whole or in part of any filthy, putrid or decomposed substance.
3. Processed, prepared, packed or held under unsanitary conditions whereby any livestock or poultry carcass or part thereof which may have become contaminated with filth or may have been rendered injurious to health.
4. Produced in whole or in part from livestock or poultry which has died otherwise than by slaughter.
5. Packaged in a container composed of any poisonous or deleterious substance which may render the contents injurious to health.
Sec. 19. Wholesome means sound, healthful, clean and otherwise fit for human food.
Sec. 20. 1. Meat, meat food products, and poultry products are an important source of the supply of human food in this state and legislation to assure that such food supplies are wholesome, unadulterated, and otherwise fit for human consumption, and properly labeled, is in the public interest. Therefore, it is hereby declared to be the policy of this state to provide for the inspection of slaughtered livestock, poultry, and the carcasses and parts thereof which are used for human food, at certain establishments to prevent the distribution in intrastate commerce, for human consumption, of livestock and poultry carcasses and parts thereof which are unwholesome, adulterated or otherwise unfit for human food.
2. The state department of agriculture is responsible for such inspection in any establishment where slaughtering is done, and for the inspection of any processing done in any such establishment. The health division of the department of health and welfare is responsible for such inspection in any establishment where processing but no slaughtering is done.
3. The state department of agriculture is hereby designated as the single state agency primarily responsible for the coordination of the program established by sections 2 to 33, inclusive, of this act.
Sec. 21. 1. For the purpose of preventing the entry into or movement in intrastate commerce of any livestock or poultry carcass, or part thereof which is unwholesome or adulterated and is intended for or capable of use as human food, the director shall make an ante mortem inspection of livestock and poultry in any official establishment where livestock or poultry are slaughtered for such commerce.
2. Whenever slaughtering or other processing operations are being conducted, the director shall make post mortem inspection of the carcasses and parts thereof of each animal and bird slaughtered in any such official establishment.
3. The director shall quarantine, segregate and reinspect livestock and poultry, livestock and poultry carcasses and parts thereof in official establishments as he deems necessary to effectuate the purposes of sections 2 to 33, inclusive, of this act.
κ1967 Statutes of Nevada, Page 1353 (CHAPTER 495, AB 496)κ
establishments as he deems necessary to effectuate the purposes of sections 2 to 33, inclusive, of this act.
4. All livestock and poultry carcasses and parts thereof found by an inspector to be unwholesome or adulterated in any official establishment shall be condemned and shall, if no appeal is taken from such determination of condemnation, be destroyed for human food purposes under the supervision of an inspector unless the articles may, by reprocessing, be made wholesome and unadulterated. In such case they need not be so condemned and destroyed if reprocessed under the supervision of an inspector and thereafter found to be wholesome and unadulterated. If any appeal is taken from such determination, the articles shall be appropriately marked and segregated pending completion of an appeal inspection, which appeal shall be at the cost of the appellant if the director, after a hearing, determines that the appeal is frivolous. If the determination of condemnation is sustained, the articles shall be destroyed for human food purposes under the supervision of an inspector.
Sec. 22. 1. Each official establishment at which livestock or poultry are slaughtered or livestock or poultry carcasses or parts thereof are processed for intrastate commerce shall be operated in accordance with sanitary practices required by rules or regulations prescribed by the director. No livestock or poultry carcasses or parts thereof shall be admitted into any official establishment unless they have been prepared in accordance with procedures approved pursuant to sections 2 to 33, inclusive, of this act or the Federal Meat Inspection Act, or unless their admission is permitted by rules or regulations prescribed by the director.
2. The director shall not approve any establishment whose premises, facilities or equipment, or the operation thereof, fail to meet the requirements of this section.
Sec. 23. 1. Each livestock carcass and each primal part of such a carcass shall bear an official inspection mark and an approved plant number of the establishment when it leaves the official establishment. The director may at any time require by regulation additional marks or label information to appear on livestock or poultry carcasses, or parts thereof, and he may permit reasonable variations and grant exemptions from the marking and labeling requirements of this paragraph in any manner not in conflict with section 20 of this act. Marks and labels required under this section shall be applied only by, or under the supervision of, an inspector.
2. The use of any written, printed or graphic matter upon or accompanying any livestock or poultry carcass or part thereof which is required to be inspected pursuant to the provisions of sections 2 to 33, inclusive, of this act, or upon or accompanying the container thereof, which is false or misleading in any particular is prohibited. No livestock or poultry carcasses or parts thereof which is required to be inspected pursuant to the provisions of sections 2 to 33, inclusive, of this act may be sold or offered for sale by any person under any false or deceptive name. Established trade names which are usual to such articles and which are not false or deceptive and which are approved by the director do not violate this subsection.
3. If the director has reason to believe that any label in use or prepared for use is false or misleading in any particular, he may direct that the use of the label be withheld unless it is modified in such manner as he may prescribe so that it will not be false or misleading.
κ1967 Statutes of Nevada, Page 1354 (CHAPTER 495, AB 496)κ
the use of the label be withheld unless it is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the label does not accept the determination of the director, he may request a hearing, but the use of the label shall, if the director so directs, be withheld pending hearing and final determination by the director. Any such determination by the director shall be conclusive unless within 30 days after the receipt of notice of such final determination the person adversely affected thereby appeals to the district court in and for the county in which he has his principal place of business.
Sec. 24. It is unlawful for any person:
1. To process, sell or offer for sale, transport or deliver or receive for transportation, in intrastate commerce, any livestock carcass or part thereof unless such article has been inspected for wholesomeness and unless the article and its shipping container and immediate container, if any, are marked in accordance with the requirements of sections 2 to 33, inclusive, of this act or the Federal Meat Inspection Act.
2. To sell or otherwise dispose of, for human food, any livestock or poultry carcass or part thereof which has been inspected and declared to be unwholesome or adulterated in accordance with sections 2 to 33, inclusive, of this act.
3. Falsely to make or issue, alter, forge, simulate or counterfeit or use without proper authority any official inspection certificate, memorandum, mark or other identification, or device for making such mark or identification, used in connection with inspection in accordance with sections 2 to 33, inclusive, of this act, or cause, procure, aid, assist in, or be a party to such false making, issuing, altering, forging, simulating, counterfeiting or unauthorized use, or knowingly to possess, without promptly notifying the director or his representative, utter, publish or use as true, or cause to be uttered, published or used as true, any such falsely made or issued, altered, forged, simulated or counterfeited official inspection certificate, memorandum, mark or other identification, or device for making such mark or identification, or to represent that any article has been officially inspected in accordance with sections 2 to 33, inclusive, of this act when such article has in fact not been so inspected, or knowingly to make any false representations in any certificate prescribed by the director or any form resembling any such certificate.
4. To use a false or misleading label on any livestock or poultry carcass or part thereof, in intrastate commerce.
5. To use any container bearing an official inspection mark unless the article contained therein is in the original form in which it was inspected and covered by such mark unless the mark is removed, obliterated or otherwise destroyed.
6. To refuse at any reasonable time to permit access:
(a) By the director to the premises of an establishment in this state at which livestock or poultry are slaughtered for intrastate commerce; or
(b) By a health officer to the premises of an establishment in this state where carcasses of livestock or poultry, or parts thereof, are processed for intrastate commerce.
7. To refuse to permit access to and the copying of any record as authorized by section 25 of this act.
κ1967 Statutes of Nevada, Page 1355 (CHAPTER 495, AB 496)κ
8. To use for personal advantage, or reveal, other than to the authorized representatives of any state agency in their official capacity, or to the courts when relevant in any judicial proceeding, any information acquired under the authority of sections 2 to 33, inclusive, of this act, concerning any matter which as a trade secret is entitled to protection.
9. To deliver, receive, transport, sell or offer for sale or transportation in intrastate commerce, for human consumption, any uneviscerated slaughtered poultry, or any livestock or poultry carcass or part thereof which has been processed in violation of any requirements under sections 2 to 33, inclusive, of this act, except as may be authorized by and pursuant to rules and regulations prescribed by the director.
10. To deliver, receive, transport, sell or offer for sale or transportation in intrastate commerce any unwholesome or adulterated livestock or poultry carcass or part thereof which is exempted under section 28 of this act.
11. To apply to any livestock or poultry carcass or part thereof, or any container thereof, any official inspection mark or label required by sections 2 to 33, inclusive, of this act, except by, or under the supervision of, an inspector.
Sec. 25. Persons engaged in the business of processing for intrastate commerce or transporting, shipping or receiving in such commerce livestock or poultry slaughtered for human consumption or holding such articles so received shall maintain such records as the director by regulation may require, showing, to the extent that they are concerned therewith, the receipt, delivery, sale, movement or disposition of such articles, and shall, upon the request of the director, permit him at reasonable times to have access to and to copy all such records. Any record required to be maintained by this section shall be maintained for a period of 2 years after the transaction has taken place which is subject to such record.
Sec. 26. 1. Any person who:
(a) Violates any of the provisions of sections 24 and 25 of this act is guilty of a misdemeanor.
(b) Is once convicted of violating the provisions of sections 24 and 25 of this act and again violates any of such provisions is guilty of a gross misdemeanor.
(c) Is twice convicted of violating the provisions of sections 24 and 25 of this act and again violates any of such provisions is guilty of a felony.
2. When construing or enforcing the provisions of sections 2 to 33, inclusive, of this act, the act, omission or failure of any person acting for or employed by an individual, partnership, corporation, association or other business unit, within the scope of his employment or office, shall in every case be deemed the act, omission or failure of such individual, partnership, corporation, association or other business unit, as well as of such person.
3. No carrier or warehouseman is subject to the penalties imposed by this section by reason of his receipt, carriage, holding or delivery, in the usual course of business as a carrier or warehouseman, of livestock or poultry carcasses or parts thereof owned by another person, unless the carrier or warehouseman has knowledge, or is in possession of facts which would cause a reasonable person to believe, that such articles do not comply with the provisions of sections 2 to 33, inclusive, of this act.
κ1967 Statutes of Nevada, Page 1356 (CHAPTER 495, AB 496)κ
would cause a reasonable person to believe, that such articles do not comply with the provisions of sections 2 to 33, inclusive, of this act.
Sec. 27. Before any person is prosecuted for violation of sections 24 and 25 of this act, the director shall give such person against whom such proceeding is contemplated reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to such contemplated proceeding. Nothing in sections 2 to 33, inclusive, of this act requires that a person be prosecuted for violations of sections 24 and 25 of this act whenever the director believes that the public interest will be adequately served by a suitable written notice or warning.
Sec. 28. 1. The director shall, by regulation and under such conditions as to labeling and sanitary standards, practices and procedures as he may prescribe, exempt from specific provisions of sections 2 to 33, inclusive, of this act:
(a) Livestock producers and poultry producers with respect to livestock and poultry carcasses and parts thereof processed by them from livestock or poultry raised on their own farms for use in their own dining rooms.
(b) Retail dealers with respect to:
(1) Meat sold directly to consumers in individual retail stores.
(2) Poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by such retail dealers with respect to poultry is the cutting up of poultry products on the premises where such sales to consumers are made.
(c) Any person engaged in slaughtering livestock or poultry or processing livestock or poultry carcasses or parts thereof for intrastate commerce, and the articles so processed by such person, whenever the director determines that it would be impracticable to inspect.
(d) Persons slaughtering livestock or poultry or processing or handling livestock or poultry carcasses or parts thereof which have been or are to be processed in accordance with recognized religious dietary laws, to the extent that the director determines is necessary to avoid conflict with such requirements.
2. The director may by order suspend or terminate for cause any exemption under this section.
Sec. 29. The director may withdraw or otherwise deny approval with respect to any establishment, for such period as he deems necessary to effectuate the purposes of sections 2 to 33, inclusive, of this act, for any violation of sections 2 to 33, inclusive, of this act by the operator of such establishment.
Sec. 30. The director shall promulgate such rules and regulations, including hearing procedures, and appoint such qualified personnel as are necessary to carry out his responsibilities under sections 2 to 33, inclusive, of this act. Such rules and regulations shall be in conformity with the Federal Meat Inspection Act unless the director determines that it is not in accord with the objectives of sections 2 to 33, inclusive, of this act.
Sec. 31. 1. Sections 2 to 33, inclusive, of this act do not apply to any act or transaction subject to regulation under the Federal Meat Inspection Act.
2. The director may cooperate with the Federal Government in carrying out the provisions of sections 2 to 33, inclusive, of this act and the Federal Meat Inspection Act, but may not accept financial aid from the Federal Government for such purpose.
κ1967 Statutes of Nevada, Page 1357 (CHAPTER 495, AB 496)κ
carrying out the provisions of sections 2 to 33, inclusive, of this act and the Federal Meat Inspection Act, but may not accept financial aid from the Federal Government for such purpose.
Sec. 32. 1. Costs of inspection of official establishments during regular working hours shall be borne by the state department of agriculture. The cost of any overtime or holiday work shall be borne by the official establishment inspected. The director shall collect the official establishments share of the costs of inspection and deposit the same in the agriculture working capital fund.
2. Inspectors shall be paid by the state department of agriculture.
Sec. 33. 1. The provisions of sections 2 to 32, inclusive, of this act apply to new official establishments commencing business after July 1, 1968.
2. The legislature recognizes the impracticability and probable resulting financial hardship to existing official establishments if sections 2 to 32, inclusive, of this act were to be made applicable to them on July 1, 1968. Therefore the director shall, by appropriate regulations, effect a gradual transition of existing official establishments to full compliance with the requirements of sections 2 to 32, inclusive, of this act during the 5-year period beginning on July 1, 1968, and ending on June 30, 1973.
Sec. 34. NRS 446.020 is hereby amended to read as follows:
446.020 1. Food establishment means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food product intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food product is sold, offered or displayed for sale, or served.
2. This definition shall not be construed to include:
(a) Private homes.
(b) Fraternal or social clubhouses attendance at which is limited to club members.
(c) Any establishment the sanitation of which is specifically governed by NRS 446.645 to 446.945, inclusive, or other laws or rules and regulations of the state board of health.
(d) Vehicles operating as common carriers engaged in interstate commerce.
(e) Premises on which religious, charitable and other nonprofit organizations sell food products for the purpose of raising funds.
(f) Any slaughter establishment which is regulated and inspected by the state department of agriculture.
Sec. 35. NRS 583.020 is hereby amended to read as follows:
583.020 Any person who shall knowingly sell any flesh of any diseased animal [or any primal cut of meat] or any container containing shellfish, if such [cut of meat or] container does not have an approved stamp authorized by the health division of the department of health, welfare and rehabilitation, is guilty of a gross misdemeanor.
Sec. 36. NRS 585.190 is hereby amended to read as follows:
585.190 1. The provisions of this chapter regarding the selling of foods, drugs, devices or cosmetics shall be considered to include:
[1.] (a) The manufacture, production, processing, packing, exposure, offer, possession and holding of any such article for sale; and
[2.] (b) The sale, dispensing, and giving of any such article; and
κ1967 Statutes of Nevada, Page 1358 (CHAPTER 495, AB 496)κ
[3.] (c) The supplying or applying of any such articles in the conduct of any food, drug or cosmetic establishment.
2. The provisions of this chapter do not apply to the operation of any official establishment, as defined in section 13 of this act.
Sec. 37. This act shall become effective on July 1, 1968.
________
Assembly Bill No. 298Messrs. Close, Bowler, Mrs. Tyson and Mr. Bryan Hafen
CHAPTER 496
AN ACT to amend chapter 648 of NRS, relating to private detectives, by providing for the regulation and licensing of process servers, repossessors, private patrolmen and polygraph operators and for extending the regulation of private investigators; and providing other matters properly relating thereto.
[Approved April 25, 1967]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 648.020 is hereby amended to read as follows:
648.020 1. [The Nevada detective licensing board shall consist of three members, one of whom shall be the chief officer of the Nevada highway patrol. The other two members, one of whom shall be a licensed private detective, shall be appointed by the governor and shall serve at his pleasure.] The board shall consist of five members, one of whom shall be the chief officer of the Nevada highway patrol. The other four members shall be appointed by the governor, and serve at his pleasure, as follows:
(a) One member shall be a private investigator.
(b) One member shall be a private patrolman.
(c) One member shall be a process server or a polygraph operator.
(d) One member shall be a repossessor.
2. The chairman of the board shall be the chief officer of the Nevada highway patrol.
3. Members of the board shall receive per diem expenses and travel allowances as provided by law.
Sec. 2. NRS 648.030 is hereby amended to read as follows:
648.030 1. The board shall from time to time adopt such rules as may be necessary to enable it to carry into effect the provisions of this chapter.
2. The board shall have the authority to take evidence as to any matters cognizable by it.
3. Any member of the board may administer oaths in all matters pertaining to the duties of the board.
4. The board shall classify licensees according to the type of business in which they are engaged and may limit the field and scope of the operations of a licensee to those in which he is classified.
5. The board shall fix such qualifications of licensees, in addition to those prescribed in this chapter, as may be necessary to promote the public welfare.
κ1967 Statutes of Nevada, Page 1359 (CHAPTER 496, AB 298)κ
those prescribed in this chapter, as may be necessary to promote the public welfare.
Sec. 3. NRS 648.040 is hereby amended to read as follows:
648.040 1. All receipts under this chapter shall be reported at the beginning of each month for the month preceding to the state controller. The entire amount received shall be paid into the state treasury to the credit of the private [detective agency] investigators contingent fund.
2. The fund shall be used by the board for the administration of this chapter [.] and to pay the expenses and salary of members and employees of the board.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 648.060 is hereby amended to read as follows:
648.060 No person, unless he is licensed under this chapter, shall:
1. Engage in the business of [private detective for hire or reward;] private investigator, private patrolman, process server, polygraph operator or repossessor; or
2. Advertise his business [to be that of private detective] as such, irrespective of the name or title actually used.
Sec. 6. NRS 648.070 is hereby amended to read as follows:
648.070 Every applicant for a license under this chapter shall file with the board a written application accompanied by a fee of $25 to cover costs of examination. The fee shall not be rebatable. The written application shall be in accordance with the following provisions:
1. If the applicant is an individual the application shall be signed and verified by the individual.
2. If the applicant is a firm or partnership the application shall be signed and verified by each individual composing or intending to compose such firm or partnership.
3. If the applicant is a corporation:
(a) The application shall be signed and verified by the president, the secretary and the treasurer thereof, and shall specify:
(1) The name of the corporation.
(2) The date and place of its incorporation.
(3) The amount of the corporations outstanding paid-up capital stock.
(4) Whether such stock was paid for in cash or property, and if in property, the nature and description of the property.
(b) The application shall also be accompanied by a duly certified copy of the corporations certificate of incorporation.
(c) The successor to every such officer shall, prior to entering upon the discharge of his duties, sign and verify a like statement, approved in like manner as this chapter prescribed for an individual signatory to an application.
(d) In the event of the death, resignation or removal of such officer, due notice of that fact shall forthwith be given in writing to the chairman of the board.
4. If the applicant fails to pass the examination required by NRS 648.100 he shall not be reexamined until he has paid another fee of $25 to cover costs of reexamination.
Sec. 7. NRS 648.080 is hereby amended to read as follows:
κ1967 Statutes of Nevada, Page 1360 (CHAPTER 496, AB 298)κ
648.080 Every application for a license shall state all of the following:
1. The full name, age, residence, present and previous occupations of each signatory.
2. That each signatory is a citizen of the United States.
3. A specific description of the location of the principal place of business of the applicant [.] and the business in which he intends to engage.
4. A full set of fingerprints and a recent photograph.
5. That the applicant has had 2 years of experience prior to an application for a license.
6. That the applicant has been a bona fide resident of the State of Nevada for a period of 6 months immediately preceding the filing of the application.
7. The classification or classifications of work in which the applicant desires to be licensed.
8. If the applicant is a person other than an individual, the full name and residence address of each of its partners, officers, directors and manager, and a certificate of filing of fictitious name.
9. Such other facts as may be required by the board to show the good character, competency and integrity of each signatory.
Sec. 8. NRS 648.100 is hereby amended to read as follows:
648.100 [The board shall make such additional investigation of applicants for licenses under this chapter as it may deem necessary.] 1. The board shall require an applicant to take a written examination, may require an applicant to take an oral examination and shall make such investigation of an applicant as it may deem necessary.
2. The board may refuse to grant a license if it determines that the applicant has:
(a) Committed any act which if committed by a licensee would be a ground for the suspension or revocation of a license under this chapter.
(b) Committed any act constituting dishonesty or fraud.
(c) A bad moral character, intemperate habits, or a bad reputation for truth, honesty and integrity.
(d) Been convicted of a felony or any crime involving moral turpitude or illegally using, carrying or possessing a dangerous weapon.
(e) Been refused a license under this chapter or had a license revoked.
(f) Been an officer, director, partner or manager of any firm, partnership, association or corporation which has been refused a license under this chapter or whose license has been revoked.
(g) While unlicensed, performed any act for which a license is required by this chapter.
(h) Knowingly made any false statement in his application.
Sec. 9. NRS 648.110 is hereby amended to read as follows:
648.110 1. Before the board shall grant any license, the applicant shall meet the following requirements:
(a) Be at least 21 years of age.
(b) Be a citizen of the United States.
(c) Be of good moral character and temperate habits.
(d) Be a resident of the State of Nevada for at least 6 months.
(e) Have no felony conviction.