[Rev. 2/28/2019 11:18:04 AM]
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Senate Bill No. 56Senator Pozzi
CHAPTER 147
AN ACT relating to general improvement districts; authorizing cemetery districts to charge fees; and providing other matters properly relating thereto.
[Approved March 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 318.116 is hereby amended to read as follows:
318.116 Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by law:
1. Furnishing electric light and power, as provided in NRS 318.117;
2. Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, as provided in NRS 318.118;
3. Furnishing public cemetery facilities [,] or services, as provided in NRS 318.119;
4. Furnishing swimming pool facilities, as provided in NRS 318.1191;
5. Furnishing television facilities, as provided in NRS 318.1192;
6. Furnishing street and alley facilities, as provided in NRS 318.120;
7. Furnishing curb, gutter and sidewalk facilities, as provided in NRS 318.125;
8. Furnishing sidewalk facilities, as provided in NRS 318.130;
9. Furnishing storm drainage facilities, as provided in NRS 318.135;
10. Furnishing sanitary sewer facilities, as provided in NRS 318.140;
11. Furnishing street lighting facilities, as provided in NRS 318.141;
12. Furnishing garbage and refuse collection and disposal facilities, as provided in NRS 318.142;
13. Furnishing recreation facilities, as provided in NRS 318.143; and
14. Furnishing water facilities, as provided in NRS 318.144.
Sec. 2. NRS 318.119 is hereby amended to read as follows:
318.119 In the case of a district created wholly or in part for acquiring public cemetery improvements, the board shall have the power to:
1. Maintain a cemetery for the use of all inhabitants of the district, and for that purpose shall be capable of holding title to property in trust for the district.
2. Levy annually, except for the payment of any outstanding general obligation bonds of the district, a general (ad valorem) property tax of not exceeding 2 mills on each dollar of assessed valuation of taxable property, for purposes pertaining to the basic purpose stated in this section.
3. Levy annually such a tax fully sufficient to pay the principal of, interest on and any prior redemption premium due in connection with any outstanding general obligation bonds pertaining to the basic purpose stated in this section.
4. The district shall not have the power in connection with the basic power stated in this section to:
(a) Levy special assessments; or
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(b) [Fix any rates, fees or other charges except as otherwise provided in this section; or
(c)] Borrow money which loan is evidenced by the issuance of any revenue bonds, special assessment bonds or other special obligations of the district.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 330Messrs. Smith and Espinoza
CHAPTER 148
AN ACT relating to community redevelopment; requiring approval of voters before certain community redevelopment plans may finally be adopted; and providing other matters properly relating thereto.
[Approved March 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 279 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any project which requires the exercise of the power of eminent domain to acquire property for redevelopment as defined in NRS 279.408 shall not be undertaken until:
1. A tentative plan has been approved as provided in NRS 279.526 to 279.550, inclusive.
2. The plan has been submitted to the registered voters of the community at a regular or special election called for that purpose. If a majority of the votes cast on the issue are in favor of the plan, it may finally be adopted by ordinance. If a majority of the votes cast on the issue are cast against the plan, the legislative body shall proceed no further. A tentative plan so defeated may be resubmitted to the registered voters of the community only after again following the procedures outlined in NRS 279.526 to 279.550, inclusive.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 307Messrs. Prince and Swallow
CHAPTER 149
AN ACT to amend an act entitled An Act concerning Lincoln County officers, providing for the appointment of their deputies, defining the duties of said officers and deputies, and fixing their compensation; and repealing all acts and parts of acts inconsistent with the provisions of this act, approved March 13, 1953, as amended.
[Approved March 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 6 of the above-entitled act, being chapter 95, Statutes of Nevada 1953, as last amended by chapter 66, Statutes of Nevada 1961, at page 73, is hereby amended to read as follows:
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Section 6. The sheriff and his deputies, the district attorney, the county assessor, the county clerk, the county treasurer, the county recorder, and the county commissioners shall be allowed traveling expenses for the transaction of public business of [$12] $20 per day while traveling inside the state and [$15] $25 per day while traveling outside the state, plus the cost of transportation. If transportation is by private conveyance, the transportation allowance shall be 10 cents per mile. Claims for such expenses must be filed with the county clerk, but need not be supported by vouchers or receipts, and if approved by the county commissioners, shall be audited and paid. Payment of subsistence allowances for part of a day shall be in accordance with rules prescribed by the board of county commissioners.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 301Messrs. Close, Ashworth, Bowler, Branch, Mrs. Brookman, Messrs. Hilbrecht, May, Bryan Hafen and Wilson
CHAPTER 150
AN ACT to amend an act entitled An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended.
[Approved March 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of Chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as last amended by Chapter 434, Statutes of Nevada 1963, at page 1166, is hereby amended to read as follows:
Section 3. Officers, Election of-Elections, When and How Held; Commissioners Classes of Ballot. On the first Tuesday after the first Monday in May 1957, and on the same day every four years thereafter, a primary municipal election shall be held at which time there shall be nominated candidates for the two commissioners offices, the same being those designated as commissioners 2 and 4 whose terms expire in June 1957, a city attorney, and a judge of the municipal court.
At the primary municipal election in May 1969, there shall be nominated a second judge of the municipal court.
On the first Tuesday after the first Monday in May 1959, and on the same day every four years thereafter, a primary municipal election shall be held at which time there shall be nominated candidates for mayor, two commissioners offices, the same being those designated as commissioners 1 and 3.
A candidate for any office to be voted for at the primary municipal election shall file an affidavit of candidacy with the city clerk, not less than thirty (30) days nor more than forty (40) days before the primary election. If the last day limited for filing an affidavit of candidacy shall fall on a Saturday, Sunday, legal holiday or any holiday proclaimed by the governor, then the period so limited shall expire on the preceding business day at 5 p.m.
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a Saturday, Sunday, legal holiday or any holiday proclaimed by the governor, then the period so limited shall expire on the preceding business day at 5 p.m. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of $50. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.
If, in the primary municipal election, one candidate shall receive more than a majority of votes cast in that election for the office for which he is a candidate, his name alone shall be placed on the ballot for the general municipal election. If, in the primary municipal election, no candidate shall receive a majority of votes cast in that election for which he is a candidate, then the names of the two candidates receiving the highest number of votes shall be placed on the ballot for the general city election.
If the results of the primary municipal election reveal that for each of the offices to be filled, one nominee therefor received more than a majority of the votes cast for such office, all such nominees shall be declared elected and the general municipal election shall not be held.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1957, and on the same day every four years thereafter, at which time there shall be elected two commissioners, the same being designated as commissioners 2 and 4, a city attorney and a judge of the municipal court. All candidates shall be voted upon by the electors of the city at large.
At the general municipal election in June, 1969, there shall be elected a second judge of the municipal court, who shall be voted upon by the electors of the city at large.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1959, and on the same day every four years thereafter, at which time there shall be elected a mayor and two commissioners, the same being designated as commissioners 1 and 3. All candidates shall be voted upon by the electors of the city at large.
The board of commissioners of the city shall, not later than the first Tuesday in March of each year in which city elections are to be held, order such elections and shall determine the places in the city for holding the same. The mayor shall forthwith make proclamation thereof, and otherwise the elections and the manner of holding the same shall be governed by the laws of the State of Nevada governing elections, and in the event there shall be any failure on the part of the general laws of the state to provide for some feature of the city elections, then the board of commissioners of the city shall have the power to provide for such deficiency. The four commissioners to be elected as provided for in this act shall be voted for and elected separately and shall be designated on the official ballot by numbering the same 1, 2, 3, and 4. Each person desiring to become a candidate for commissioner, as aforesaid, shall designate the number of the class to which he desires to become a candidate and his name shall be placed on the official ballots beneath the number he selected, and each voter shall vote for only one candidate in each class.
Sec. 2. Section 6 of chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 316, Statutes of Nevada 1959, at page 425, is hereby amended to read as follows:
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Section 6. Officers, Elective-Qualifications of. The mayor, each of the four commissioners, the city attorney, and the [judge] judges of the municipal court shall not be less than twenty-five (25) years of age, citizens of the United States, and qualified voters of the city of Las Vegas for at least two years immediately preceding the year in which [said] the election is held. No incumbent elected city official shall be eligible for nomination or election to any elective office other than the office in which he is an incumbent, but nothing herein contained shall be construed so as to prevent any elected city official from first resigning his office and then becoming a candidate for an office in which he was not an incumbent. All such resignations, to be effective, shall be made at least 10 days prior to the last day for filing an affidavit of candidacy as provided in section 3 of chapter II of this charter. All officers made elective by the popular vote shall within twenty days after the result of the election is ascertained qualify as required by this charter and the constitution and laws of the State of Nevada, and enter upon the duties of their office on the first Monday in July of the year in which said general election is held, and failing to do so within said time, such office shall be and become vacant.
Sec. 3. Section 10 of chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 404, Statutes of Nevada 1967, at page 1084, is hereby amended to read as follows:
Section 10. Mayor, Commissioners, City Attorney and Judges of Municipal Court-Salary of.
1. From and after July 1, 1965, the city attorney shall:
(a) Devote his full time to the duties of his office.
(b) Not engage in the private practice of law, but he shall be allowed a reasonable time to complete the private practice of law for which he had been retained prior to July 1, 1965.
2. From and after July 1, 1965, the [judge] judges of the municipal court shall devote [his] their full time to the duties of [his office.] their offices.
3. The compensation of the mayor, commissioners, city attorney and judges of the municipal court shall:
(a) Be fixed by the board of commissioners; and
(b) Not be diminished or increased as to any such officer during the term for which he has been elected or appointed.
Sec. 4. Section 14 of chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 316, Statutes of Nevada 1959, at page 425, is hereby amended to read as follows:
Section 14. Vacancy in Office-Resignation-Election of Successors. Resignation by the mayor or any commissioner, the city attorney, or [judge] judges of the municipal court, elected under this act, shall be made in writing to the board of commissioners for their action thereupon. In case of the removal of the domiciles of the mayor or any commissioner, the city attorney, or the judge of the municipal court, or any other charter officer from the territorial limits of said city, such removal shall ipso facto be deemed to create a vacancy in [said] such office. In case of any vacancy from any cause in the office of mayor or any commissioner, the office of city attorney, or [the] a judge of the municipal court, the same shall be filled until the next general municipal election by a majority vote of the remaining members of the board of commissioners, although less than a quorum, who are present at a regular meeting, or special meeting called for that purpose.
κ1969 Statutes of Nevada, Page 206 (CHAPTER 150, AB 301)κ
filled until the next general municipal election by a majority vote of the remaining members of the board of commissioners, although less than a quorum, who are present at a regular meeting, or special meeting called for that purpose. At the next general municipal election the office shall be filled by election for the balance of the unexpired term.
Sec. 5. Section 29 of chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 255, Statutes of Nevada 1967, at page 751, is hereby amended to read as follows:
Section 29. The Municipal Court-Jurisdiction of-Coextensive and Concurrent Jurisdiction of Judges. [One]
1. Each department of the municipal court shall be presided over by [the elected] a municipal judge. [Other departments of the municipal court shall be presided over by municipal judges appointed by the mayor, which judges shall possess the same qualifications required for the elected municipal judge and shall receive such compensation as may be determined by the mayor and board of commissioners.] All municipal judges shall possess equal coextensive and concurrent jurisdiction and power. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for a justice of the peace, wherein any person or persons are charged with a breach or violation of the provisions of any ordinance of the city or of this act, or of a violation of a municipal nature, and the court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of the city, and be governed by the same rules and receive the same fees as are now or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The court shall have jurisdiction to hear, try, and determine all cases whether civil or criminal, for the breach or violation of any city ordinance or any provision of this act of a police nature, and shall hear, try, and determine, acquit, convict, commit, fine, punish, or hold to bail in accordance with the provisions of such ordinances or of this act. The practice and proceedings of the court shall conform, as nearly as practicable, to the practice and proceedings of the justices courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or by the payment thereof enforced by imprisonment in the city jail of the city at the rate of one day for every four dollars of such fine, or the court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets of the city at a rate of four dollars for each day of the sentence which shall apply on such fine until the same shall be exhausted or otherwise satisfied. The court shall have jurisdiction of actions for the collection of taxes and assessments levied for city purposes, by the city for such services, when the principal sum claimed does not exceed three hundred dollars; also, actions to foreclose liens in the name of the city for the nonpayment of such taxes, assessments, and charges where the principal sum claimed does not exceed three hundred dollars; also, of actions for the collection of any money payable to the city when the principal sum claimed does not exceed three hundred dollars; and actions for damage in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from the court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also, the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment, or levy shall necessarily be in issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certifications of causes by justices courts.
κ1969 Statutes of Nevada, Page 207 (CHAPTER 150, AB 301)κ
the cases above named, when the principal sum claimed does not exceed three hundred dollars; also, the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment, or levy shall necessarily be in issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certifications of causes by justices courts. The court shall have jurisdiction of the following offenses committed within the city which either violate the peace and good order of the city or the peace and quietude of an individual or individuals, or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, driving any vehicle while under the influence of intoxicating liquors, fighting, quarreling, dogfights, cockfights, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior and all disorderly, offensive, or opprobrious conduct and all other offenses under ordinances of the city. The court shall be treated and considered as a justices court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs, and process necessary to a complete and effective exercise of the powers and jurisdiction of the court and for the enforcement of its judgment, and may punish for contempt in like manner and with the same effect as if provided by the general law for a justice of the peace. Each municipal judge shall keep a docket in which shall be entered all official business in like manner as in justices courts. He shall render monthly or oftener, as the commissioners may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed and uncollected, since his last report, and shall at the same time render and pay unto the city treasurer all fines collected and moneys received on behalf of the city since his last report. In all cases in which a municipal judge shall by reason of being a party, or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence, or inability to act, and no other municipal judge of the city is qualified to act, any justice of the peace of Clark County, or any person who possesses the qualification prescribed by this act for the office of municipal judge, on the written request of the mayor, may act in the place and stead of such municipal judge. The commissioners shall have the power to apportion ratably the salary or compensation of such municipal judge to such person so serving, and deduct the sum so apportioned from the salary of such municipal judge, provided, that the commissioners shall not apportion ratably the salary or compensation of the municipal judge to such person so serving, and deduct the sum so apportioned from the salary of the municipal judge, for a period of absence on leave or vacation authorized by the commissioners, and, in that event, the person so serving in the place and stead of the municipal judge shall receive such compensation as the commissioners shall prescribe. Appeals to the district court may be taken from any final judgment of the municipal court in the same manner and with the same effect as in cases of appeal from justices courts in civil and criminal cases, as the case may be.
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manner and with the same effect as in cases of appeal from justices courts in civil and criminal cases, as the case may be. All warrants, writs, and process issued by the municipal court shall run to any sheriff or constable of the county or the marshal or policeman of the city.
2. Notwithstanding any other provision of law the term of the appointive judge of the municipal court on the effective date of this act shall end upon the election and qualification of his successor.
3. Nothing in this section shall be construed to limit the power to appoint acting municipal judges in the same manner as they are presently appointed to serve during the absence of any elected municipal judge.
Sec. 6. This act shall become effective upon passage and approval.
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Assembly Bill No. 51Committee on Government Affairs
CHAPTER 151
AN ACT relating to the state planning board; enabling the board to exercise the power of eminent domain in the acquisition of real property whose acquisition has already been approved and funded by the legislature.
[Approved March 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 341 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board may acquire by the exercise of the power of eminent domain any real property whose acquisition has been approved by the legislature of the State of Nevada and for whose acquisition there have been appropriated moneys from the general fund in the state treasury to support the board in accomplishing such acquisition.
2. This power shall be exercised in the manner provided by law for the condemnation of private property for public use.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 204Messrs. Close, Torvinen, Fry, Bryan and Reid
CHAPTER 152
AN ACT relating to juries; modifying exemption provisions; and providing other matters properly relating thereto.
[Approved March 24, 1969]
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:
κ1969 Statutes of Nevada, Page 209 (CHAPTER 152, AB 204)κ
(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.] , deputy sheriff, constable, deputy constable or police officer.
(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)] (f) Any mail carrier engaged in the actual carrying of the United States mail on a [regular mail route.
(k)] star route in a rural area.
(g) 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. 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.
[(1) 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 firemen 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)] (h) Any officer or correctional officer employed by the Nevada state prison.
[(n)] (i) Any member or employee of the legislature or the legislative counsel bureau while 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:
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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.
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.
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Assembly Bill No. 319Mr. Schouweiler
CHAPTER 153
AN ACT relating to professional licensing; authorizing the issuance of certain professional licenses and permits to noncitizens who intend to become citizens; and providing other matters properly relating thereto.
[Approved March 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 629.060 is hereby amended to read as follows:
629.060 No certificate shall be issued by the board unless the person applying for it submits evidence, satisfactory to the board:
1. That he is a citizen of the United States, or [a citizen of Canada.] has filed a petition for naturalization which is pending or, not having fulfilled the residence requirements for naturalization, has filed a declaration of intention to become a citizen.
2. That he is not less than 21 years old.
3. That he is a person of good moral character.
4. That before he began the study of the healing art he was graduated by an accredited high school, or that he possesses educational qualifications equivalent to those required for graduation from such an accredited high school.
5. That he has adequate knowledge of the basic sciences as shown by his passing the examination given by the board, as required by this chapter.
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by his passing the examination given by the board, as required by this chapter.
Sec. 2. NRS 630.160 is hereby amended to read as follows:
630.160 1. Every person desiring to practice medicine, surgery and obstetrics in any of their branches shall, before beginning to practice, procure from the board a certificate authorizing such practice.
2. A certificate may be issued to any person who is a citizen of the United States [, or any citizen of Canada who has declared his intention to become a citizen of the United States,] or any person who has filed a petition for naturalization which is pending or, not having fulfilled the residence requirements for naturalization, has filed a declaration of intention to become a citizen, who has served as an interne for at least 1 year in a hospital recognized for interne training by the American Medical Association or has been engaged in the actual practice of medicine for over 7 years immediately previous to March 28, 1949.
Sec. 3. NRS 630.170 is hereby amended to read as follows:
630.170 1. The applicant for a certificate to practice medicine, surgery and obstetrics who is a graduate of a medical school located in the United States or Canada shall submit to the board, through its secretary:
(a) His diploma or a photostatic copy thereof issued by a United States or Canadian medical school recognized as reputable by the board, the requirements of which medical school shall have been, at the time of granting such diploma, in no particular less than those prescribed for that year by the American Medical Association. The board may retain the diploma for a reasonable time, not to exceed 6 months.
(b) An affidavit setting forth the number and duration of terms the applicant was required to attend, that the applicant is the lawful possessor of the diploma, is the person named therein, and that it was procured without fraud or misrepresentation of any kind.
(c) A certificate or other document proving a period of internship of not less than 1 year in a hospital recognized for interne training by the American Medical Association, unless he has been engaged in the actual practice of medicine for over 7 years immediately previous to March 28, 1949.
(d) An affidavit of two physicians, residents of the county in which the applicant has most recently resided, stating that the applicant is the identical person named in the diploma and is of good moral standing and of good repute.
(e) A fee of $100, which shall in no case be returned.
2. In addition to the affidavits required by subsection 1, the board may take such further evidence as in its discretion may be deemed proper concerning the matters embraced therein.
3. If it shall appear that the applicant is not of good moral character or that any credential submitted is false, the applicant shall be rejected.
Sec. 4. NRS 630.180 is hereby amended to read as follows:
630.180 1. Before issuance of a certificate to practice medicine, surgery and obstetrics the applicant, who shall have paid the fee and presented the credentials specified in NRS 630.170, shall appear personally and pass a satisfactory examination as to qualifications therefor before the board.
κ1969 Statutes of Nevada, Page 212 (CHAPTER 153, AB 319)κ
2. [The examinations shall be conducted in the English language, shall be both oral and in writing, and the applicant shall attain at least an average of 75 percent in all and not less than 65 percent in any two of the following subjects: Anatomy, physiology, materia medica and therapeutics, chemistry, bacteriology, pathology, toxicology, obstetrics, surgery, general medicine, diseases of the skin, eye, ear, nose and throat and genito-urinary system.
3. All applicants for licenses to practice medicine in the State of Nevada shall be allowed extra credit if they have engaged in excess of 10 years of actual practice. The amount of credit allowance shall be 1 percent for each year in excess of 10 years of actual practice, but shall in no case be higher than 10 percent.
4.] The examination shall be fair and impartial, practical in character, and the questions shall be designated to discover the applicants fitness.
[5.] 3. After an examination shall have been completed, the examination papers, as a part of the boards records, shall be filed by the secretary of the board, and retained in the files of the board for a period of 5 years.
[6.] 4. There shall be no refund of the examination fee if the applicant fails to pass the examination.
Sec. 5. NRS 630.270 is hereby amended to read as follows:
630.270 1. Upon the requisite degree of knowledge and the moral character of the applicant being established, as provided in NRS 630.260, and on payment of a fee of $100, the board shall forthwith issue a certificate to the applicant limited to the practice of his pursuit in this state, this fact being plainly stated across the face of the certificate. Such a system of special licensure being once established it shall thereafter be unlawful for any certificate holder to practice beyond the limitations set forth on such certificate, which certificate shall be revocable by the board on proof of violation of the provisions of this chapter and the rules and regulations of the board.
2. The holders of such certificates shall be liable to all the penalties provided for in NRS 630.310 to 630.340, inclusive, and 630.400 as in case of doctors of medicine, surgery and obstetrics.
3. A record of all persons so licensed shall be kept in the records of the board.
[4. A practitioner of any mode or system of diagnosis or treatment of disease to be regulated under this section and NRS 630.260 who has been in practice immediately before March 28, 1949, shall be required to register with the board within 6 months from March 28, 1949, and shall be permitted to continue his practice under a temporary license without examination. This in no way obligates the board to grant him a permanent license, and he shall be required to obtain a permanent license under the provisions of this chapter within a period of 18 months after March 28, 1949. If he does not become so licensed within the time specified and does not comply with the provisions of this chapter as otherwise set forth, he shall be subject to the penalties of this chapter, except that any person practicing any branch of medicine or mode or system of treatment or diagnosis in Nevada immediately and continuously for a period of over 10 years before March 28, 1949, may be licensed on proof of the same and payment of the stipulated fee, without examination.]
κ1969 Statutes of Nevada, Page 213 (CHAPTER 153, AB 319)κ
10 years before March 28, 1949, may be licensed on proof of the same and payment of the stipulated fee, without examination.]
Sec. 6. NRS 630.280 is hereby amended to read as follows:
630.280 1. The board shall have the authority in its discretion to issue a permit to any properly qualified applicant to serve as resident medical officer in any hospital in Nevada subject to the provisions of this section.
2. The holder of a permit shall:
(a) Practice medicine, surgery and allied specialties only within the confines of the hospital specified on his permit and under the supervision of the regular hospital medical staff.
(b) Be a citizen of the United States [or of Canada who shall have 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.
(c)] , have filed a petition for naturalization which is pending or, not having fulfilled the residence requirements for naturalization, have filed a declaration of intention to become a citizen.
(c) Be a graduate of an accredited medical school of the United States or Canada, or a graduate of a foreign medical school recognized by the Educational Council of Foreign Medical Graduates who has received the standard certificate of the Educational Council of Foreign Medical Graduates and has served as an interne for at least 1 year in a hospital recognized for interne training by the American Medical Association.
(d) Be of good moral character.
3. The board shall have in its possession, before granting any permit to an individual, a letter from a hospital in Nevada, requesting issuance of a permit to serve as a resident medical officer to that individual.
4. Such permits will in general be issued at the stated meetings of the board, but the president and the secretary of the board shall have power jointly to issue permits between meetings of the board, and these permits will be subject to approval or disapproval at the next subsequent meeting of the board.
5. The duration of the permit shall be determined by the board, but shall in no case be in excess of 1 year. It shall be renewable at the discretion of the board.
6. The permit to serve as resident medical officer shall not entitle the holder to engage in the private practice of medicine, surgery or obstetrics as defined by this chapter.
7. Any permit granted under authority of this section can be revoked by the board at any time for reasons deemed sufficient by the board.
8. The board is empowered to formulate any rules and regulations, subject to the provisions of this section, for carrying out its purposes.
9. The issuance of a permit to serve as resident medical officer shall in no way obligate the board to grant any regular license for the practice of medicine, surgery and allied specialties in Nevada.
Sec. 7. 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, welfare and rehabilitation subject to the provisions of this section.
κ1969 Statutes of Nevada, Page 214 (CHAPTER 153, AB 319)κ
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.
(c)] have filed a petition for naturalization which is pending or, not having fulfilled the residence requirements for naturalization, have filed a declaration of intention to become a citizen.
(c) Be a graduate of an accredited medical school of the United States or Canada, or a graduate of a foreign medical school recognized by the Educational Council of Foreign Medical Graduates who has received the standard certificate of the Educational Council of Foreign Medical Graduates and has satisfactorily served as an interne for at least 1 year in a hospital recognized for interne training by the American Medical Association.
(d) 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. 8. Chapter 630 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The applicant for a certificate to practice medicine, surgery and obstetrics who is a graduate of a foreign medical school shall submit to the board through its secretary:
(a) Proof that he is a citizen of the United States, has filed a petition for naturalization which is pending or, not having fulfilled the residence requirements for naturalization, has filed a declaration of intention to become a citizen.
(b) Proof that he has completed 2 years of satisfactory service as an interne in a hospital in the United States or Canada approved by the Council on Medical Education of the American Medical Association, such training to have been completed within the 5-year period preceding application.
κ1969 Statutes of Nevada, Page 215 (CHAPTER 153, AB 319)κ
Council on Medical Education of the American Medical Association, such training to have been completed within the 5-year period preceding application. The board may consider 1 or more years of post-graduate study or residency training in an approved medical school or hospital in the United States or Canada as a substitute for 1 year of the interneship herein required.
(c) Proof that he has received the degree of Doctor of Medicine from a foreign medical school recognized by the Educational Council of Foreign Medical Graduates and has received the standard certificate of the Educational Council of Foreign Medical Graduates.
(d) Proof that he has passed, with a grade acceptable to the board, the examination of the National Board of Medical Examiners or the Federal Licensing Examination of the Federation of State Medical Boards of the United States, Inc., given by a medical examining board of another state or the District of Columbia.
(e) Affidavits of two physicians, residents of the county in which the applicant has most recently resided, stating that the applicant is of good moral standing and reputation.
(f) Proof that he has satisfactorily served as a resident medical officer in a hospital in Nevada for not less than 1 year under a permit issued by the board.
(g) A fee of $200, which in no case shall be returned.
2. In addition to the proofs required by subsection 1, the board may take such further evidence and require such further proof of the professional and moral qualifications of the applicant as in its discretion may be deemed proper.
3. If the applicant is a diplomate of an approved specialty board recognized by the American Medical Association, the requirements of paragraphs (b), (d) and (f) of subsection 1 may be waived by the board.
4. Before issuance of a certificate to practice medicine, surgery and obstetrics, the applicant who pays the fee and presents the proof required by subsection 1 shall appear personally before the board and satisfactorily pass an examination as to his qualifications to practice medicine, surgery and obstetrics.
Sec. 9. This act shall become effective upon passage and approval.
________
Senate Bill No. 96Clark County Delegation
CHAPTER 154
AN ACT relating to hospitals; providing for the transfer of a county hospital to a nonprofit corporation under certain circumstances; enlarging the powers of nonprofit corporations for hospital purposes; and providing other matters properly relating thereto.
[Approved March 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 450 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The board of county commissioners of any county for which a public hospital has been established pursuant to this chapter, or established otherwise but administered pursuant to this chapter, may convey such hospital, or lease it for a term of not more than 50 years, to a nonprofit corporation if all of the following minimum conditions are met:
κ1969 Statutes of Nevada, Page 216 (CHAPTER 154, SB 96)κ
which a public hospital has been established pursuant to this chapter, or established otherwise but administered pursuant to this chapter, may convey such hospital, or lease it for a term of not more than 50 years, to a nonprofit corporation if all of the following minimum conditions are met:
(a) The nonprofit corporation shall be composed initially of the incumbent members of the board of hospital trustees, as individuals. The articles of incorporation shall provide for a membership of the corporation which is broadly representative of the public and includes residents of each incorporated city in the county and of the unincorporated area of the county. The articles shall further provide for the selection of the governing body by the membership of the corporation and not by the governing body itself, except to fill a vacancy for the unexpired term. The articles shall further provide that the terms of office of members of the governing body shall not exceed 6 years.
(b) The nonprofit corporation shall contract to care for indigent patients at a charge to the county which shall not exceed the actual cost of providing such care, and to receive any person falling sick or maimed within the county.
(c) The nonprofit corporation shall agree to accept all the current assets, including accounts receivable, to assume all the current liabilities, and to take over and maintain the records of the existing public hospital.
(d) The agreement shall provide for the transfer of patients, staff and employees, and for the continuing administration of any trusts or bequests pertaining to the existing public hospital.
(e) The agreement shall provide for the assumption by the corporation of all indebtedness of the county which is attributable to the hospital, and:
(1) If the hospital is conveyed, for payment to the county of its actual capital investment in the hospital, after deducting depreciation and any indebtedness so assumed, immediately or by deferred installments over a period of not more than 30 years.
(2) If the hospital is leased, for a rental which will over the term of the lease reimburse the county for its actual capital investment in the hospital, after deducting depreciation and any indebtedness so assumed. The lease may provide a credit against the rental so required for the value of any capital improvements made by the corporation.
2. Boards of county commissioners which have joint responsibility for a public hospital may jointly exercise the power conferred by subsection 1, and are subject jointly to the related duties.
3. The provisions of NRS 244.320 do not apply to the making of any lease or contract pursuant to this section.
4. If any hospital which has been conveyed pursuant to this section ceases to be used as a community nonprofit hospital, unless the premises so conveyed are sold and the proceeds used to erect or enlarge another community nonprofit hospital for the county, the hospital so conveyed shall revert to the ownership of the county. If any hospital which has been leased pursuant to this section ceases to be used as a nonprofit community hospital, the lease shall terminate.
Sec. 3. 1. The board of county commissioners of any county whose population is less than 50,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, may contract with any nonprofit corporation to which a public hospital has been conveyed or leased, for the care of indigent patients from the contracting county and the receiving of other persons falling sick or being maimed or injured within the contracting county.
κ1969 Statutes of Nevada, Page 217 (CHAPTER 154, SB 96)κ
national census of the Bureau of the Census of the United States Department of Commerce, may contract with any nonprofit corporation to which a public hospital has been conveyed or leased, for the care of indigent patients from the contracting county and the receiving of other persons falling sick or being maimed or injured within the contracting county.
2. The contracting county may participate, from its county hospital construction fund or otherwise, in the enlargement or alteration of such hospital.
Sec. 4. NRS 81.290 is hereby amended to read as follows:
81.290 1. Any number of citizens of the United States, not less than three, who shall desire to associate themselves for the purpose of engaging in educational, charitable or eleemosynary activities, or a combination of such activities, may make, sign and acknowledge, before any officer authorized to take acknowledgments in this state, and file in the office of the secretary of state a certificate in writing in which shall be stated:
(a) The name or title by which such corporation, association or society shall be known in law.
(b) That it is a nonprofit corporation, organized solely for educational or general charitable and eleemosynary purposes or for a combination of educational and charitable purposes.
(c) The county in this state where the principal office for the transaction of the business of the corporation is to be located.
(d) The number of trustees, which shall not be less than three; their term of office; and how they are to be chosen, except that in the case of an educational corporation, the method of selection of trustees may be provided in the bylaws.
(e) The names and residences of the trustees chosen for the first year.
(f) Any other matter which it is provided in NRS 81.290 to 81.340, inclusive, may or should be set out in the articles of incorporation.
2. The secretary of state shall make no charge for the filing of the certificate.
3. For the purposes of this section [educational] :
(a) Educational activities includes the activities of an association composed of the alumni of an educational institution.
(b) Charitable activities includes the operation of a hospital, although fees are charged for goods and services furnished.
Sec. 5. NRS 81.310 is hereby amended to read as follows:
81.310 The corporation shall, as an incident of its purpose and without any necessity for expressing the same in its articles of incorporation, have the following powers, which it may exercise in full measure without the necessity of obtaining any order of court by authorization, approval or confirmation:
1. To receive, acquire, hold, manage, administer and expend property and funds for educational or general charitable and eleemosynary purposes, including the assistance and support of charitable institutions, associations and undertakings.
2. To take property and funds by will, gift or otherwise and with or without specification of any educational, charitable or eleemosynary purpose, but in case no educational, charitable or eleemosynary purpose is specified, the property or funds so received shall, nevertheless, be held upon the trust that the same shall be used for educational, charitable or eleemosynary purposes.
κ1969 Statutes of Nevada, Page 218 (CHAPTER 154, SB 96)κ
eleemosynary purposes. The corporation shall not have the power to take or hold property or funds for any purpose other than an educational, charitable or eleemosynary one.
3. To hold, in its own name and right, real and personal property of every nature and description without limitation as to extent, character or amount and with all the powers of control, management, investment, change and disposal incident to the absolute ownership of property or funds by a private person, subject only to the terms of particular trusts and to the general trust that all its properties and funds shall be held for educational, charitable or eleemosynary purposes.
4. To borrow money, either upon or without security, giving such promissory notes or other evidences of indebtedness and such pledges, mortgages or other instruments of hypothecation as it may be advised.
5. To appoint and pay officers and agents to conduct and administer the affairs of the corporation, but no member of the board of trustees shall receive any compensation.
6. To adopt bylaws prescribing the duties of the officers and agents of the corporation, the detail of the organization, the time and manner of its meetings, and any and all detail incident to its organization and the efficient conduct and management of its affairs.
7. To do any and all things which a natural person might do necessary and desirable for the general purpose for which the corporation is organized.
8. To receive and use funds obtained from private donations, devises and bequests and from all lawful sources to be applied for general charitable and benevolent purposes in assisting the poor, the sick and needy, and various charitable homes, institutions or associate service centers and other charitable organizations operating with or assisted by this corporation.
9. In the case of an educational corporation, to establish, conduct and maintain an educational institution, to charge fees for the use of educational facilities or for instruction and to receive and use funds obtained from fees, private donations, devises and bequests and from all lawful sources for the construction, support and maintenance of the institution.
10. In the case of a charitable corporation whose stated purposes include the operation of a hospital, to operate a hospital, construct, enlarge or alter a hospital as required, to charge fees for goods or services furnished, and to receive and use funds obtained from fees, donations, devises and bequests and from all lawful sources for the construction, maintenance and operation of the hospital.
Sec. 6. NRS 244.284 is hereby amended to read as follows:
244.284 1. [The] In addition to the powers conferred by section 2 of this act, the board of county commissioners may lease any of the real property of the county for a term not exceeding 30 years, if such real property is not needed for the public purposes of the county and is let to or for any nonprofit charitable or civic organization, and the property is actually used for charitable or civic purposes.
2. A lease pursuant to this section may be made on such terms and conditions as seem proper to the board of county commissioners.
κ1969 Statutes of Nevada, Page 219 (CHAPTER 154, SB 96)κ
3. The provisions of NRS 244.320 shall not apply to any proceeding concerning a lease entered into pursuant to this section.
Sec. 7. NRS 286.030 is hereby amended to read as follows:
286.030 1. As used in this chapter, continuous service means service in public employment of the state, and for [its political subdivisions] public employers participating in the system, in positions subject to the provisions of this chapter or in positions which would have been subject to this chapter, not interrupted for 5 years or more.
2. When an employee of a participating public employer has contributed to the system for 10 or more years, all of his eligible public service performed prior to his first opportunity to become a contributing member of the system shall be accredited toward retirement without regard to the 5-year period of interruption provision of subsection 1.
3. The time spent by persons employed in the service of federal agencies prior to the creation of the system, when such service constituted an uninterrupted continuation of duties then being performed for the State of Nevada, or an eligible participating political subdivision of the State of Nevada, shall not be considered an interruption of service.
Sec. 8. NRS 286.040 is hereby amended to read as follows:
286.040 1. As used in this chapter, employee means:
(a) A public officer of the State of Nevada or its political subdivisions.
(b) Any person employed by [the State of Nevada or its political subdivisions] a public employer whose compensation is provided by the [state or its political subdivisions] public employer and who is under the direction or control of officers of the [state or political subdivisions thereof.] public employer.
2. Employee does not include independent contractors or persons rendering professional services to an employer on a fee, retainer or contract basis.
3. The board shall determine who are employees under this definition.
Sec. 9. NRS 286.070 is hereby amended to read as follows:
286.070 1. As used in this chapter, public employer means the state, one of its agencies or one of its political subdivisions, irrigation districts created under the laws of the State of Nevada, [and] the Las Vegas Valley Water District, created pursuant to chapter 167, Statutes of Nevada 1947, as amended [.] , and a nonprofit corporation to which a public hospital has been conveyed or leased pursuant to section 2 of this act.
2. State agencies are those agencies subject to state control and supervision, including those whose employees are governed by chapter 284 of NRS, unless specifically exempted therefrom, and those which deposit funds with the state treasurer.
________
κ1969 Statutes of Nevada, Page 220κ
Assembly Bill No. 408Committee on Ways and Means
CHAPTER 155
AN ACT relating to unemployment compensation; providing for deposit and use of moneys credited to Nevada under the Social Security Act; authorizing the expenditure of funds for the acquisition and improvement of certain properties; and providing other matters properly relating thereto.
[Approved March 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.585 is hereby amended to read as follows:
612.585 1. There is hereby established as a special fund, separate and apart from all public moneys or funds of this state, an unemployment compensation fund, which shall be administered by the executive director exclusively for the purposes of this chapter.
2. This fund shall consist of:
(a) All contributions collected under this chapter.
(b) Interest earned upon any moneys in the fund.
(c) Any property or securities acquired through the use of moneys belonging to the fund.
(d) All earnings of such property or securities.
(e) All money credited to the account of the State of Nevada in the unemployment trust fund pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103).
(f) All other moneys received for the fund from any other source.
3. All moneys in the fund shall be mingled and undivided.
4. All fines and penalties collected pursuant to the criminal provisions of this chapter shall be paid to the state permanent school fund.
Sec. 2. NRS 612.595 is hereby amended to read as follows:
612.595 1. Moneys shall be requisitioned from this states account in the unemployment trust fund solely for the payment of benefits and refunds in accordance with regulations prescribed by the executive director [.] , except that moneys credited to the account of the State of Nevada pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), shall be used exclusively as provided in section 4 of this act.
2. The executive director shall from time to time requisition from the unemployment trust fund such amounts, not exceeding the amounts standing to this states account therein, as he deems necessary for the payment of benefits for a reasonable future period.
3. Upon receipt thereof the state treasurer shall deposit such moneys in the benefit account and the state treasurer shall issue his warrants for the payment of benefits solely from such benefit account.
4. Expenditures of such moneys in the benefit account and refunds from the clearing account shall not be subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody.
5. All warrants issued by the state treasurer for the payment of benefits and refunds shall bear the signature of the state treasurer and the countersignature of the executive director, or his duly authorized agent for that purpose.
κ1969 Statutes of Nevada, Page 221 (CHAPTER 155, AB 408)κ
countersignature of the executive director, or his duly authorized agent for that purpose.
6. Any balance of moneys requisitioned from the unemployment trust fund which remains unclaimed or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned shall be either deducted from estimates for, and may be utilized for the payment of, benefits during succeeding periods, or in the discretion of the executive director shall be redeposited with the Secretary of the Treasury to the credit of this states account in the unemployment trust fund, as provided in NRS 612.590.
Sec. 3. NRS 612.605 is hereby amended to read as follows:
612.605 1. There is hereby created in the state treasury a special fund to be known as the unemployment compensation administration fund.
2. All moneys which are deposited or paid into this fund are hereby appropriated and made available to the executive director.
3. All moneys in this fund shall be expended solely for the purpose of defraying the cost of the administration of this chapter, and for no other purpose whatever.
4. All moneys received from the Department of Labor for the fund pursuant to Section 302 of the Social Security Act (42 U.S.C. § 502) shall be expended solely for the purposes and in the amounts found necessary by the Department of Labor for the proper and efficient administration of this chapter.
5. [The] In addition to moneys deposited pursuant to section 4 of this act, the fund shall consist of:
(a) All moneys appropriated by this state.
(b) All moneys received from the United States of America or any agency thereof, including the Department of Labor, the Railroad Retirement Board, and the United States Employment Service.
(c) All moneys received from any other source, for such purpose.
6. Moneys received from the Railroad Retirement Board as compensation for services or facilities supplied to the board shall be paid into this fund.
7. All moneys in this fund shall be deposited, administered and disbursed in the same manner and under the same conditions and requirements as are provided by law for other special funds in the state treasury.
8. Any balances in this fund shall not lapse at any time, but shall be continuously available to the executive director for expenditure consistent with this chapter.
9. Moneys in this fund shall not be commingled with other state funds, but shall be maintained in a separate account on the books of the depositary. Such moneys shall be secured by the depositary in which they are held to the same extent and in the same manner as required by the general depositary laws of the state, and collateral pledged shall be maintained in a separate custody account.
10. All sums recovered on any official bond for losses sustained by the unemployment compensation administration fund shall be deposited in the unemployment compensation administration fund.
11. All moneys requisitioned and deposited in this fund pursuant to section 4 of this act shall be used in accordance with the conditions specified in section 4 of this act.
κ1969 Statutes of Nevada, Page 222 (CHAPTER 155, AB 408)κ
section 4 of this act shall be used in accordance with the conditions specified in section 4 of this act.
Sec. 4. Chapter 612 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Money credited to the account of this state in the unemployment trust fund by the Secretary of the Treasury of the United States of America pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), may be requisitioned and used for the payment of expenses incurred for the administration of this chapter, pursuant to a specific appropriation by the legislature, if the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which:
(a) Specifies the purposes for which such money is appropriated and the amounts appropriated therefor;
(b) Limits the period within which such money may be expended to a period ending not more than 2 years after the date of the enactment of the appropriation law; and
(c) Limits the amount which may be used during a 12-month period beginning on July 1 and ending on June 30 of the following year to an amount which does not exceed the amount by which the aggregate of the amounts credited to the account of this state pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), during the same 12-month period and the 14 preceding 12-month periods, exceeds the aggregate of the amounts used pursuant to this section and charged against the amounts credited to the account of this state during any of such 15 12-month periods.
2. For the purposes of subsection 1, amounts used during any such 12-month period shall be charged against equivalent amounts which were first credited and which are not already so charged, except that no amount used during any such 12-month period for the administration of this chapter may be charged against any amount credited during such a 12-month period earlier than the 14th preceding period.
3. Money credited to the account of this state pursuant to section 903 of the Social Security Act, as amended (42 U.S.C. § 1103), may not be withdrawn or used except for:
(a) The payment of benefits; and
(b) The payment of expenses for the administration of this chapter pursuant to this section.
4. Money requisitioned for the payment of expenses of administration pursuant to this section shall be deposited in the unemployment compensation administration fund and until expended shall remain a part of the unemployment compensation fund. The executive director shall maintain a separate record of the deposit, obligation, expenditure and return of funds so deposited.
5. If any money so deposited pursuant to subsection 4 is, for any reason, not expended for the purpose for which it was appropriated, or if it remains unexpended at the end of the period specified by the law appropriating such money, it shall be withdrawn and returned to the Secretary of the Treasury of the United States for credit to this states account in the unemployment trust fund.
κ1969 Statutes of Nevada, Page 223 (CHAPTER 155, AB 408)κ
Sec. 5. The executive director of the employment security department is hereby authorized to expend from federal funds made available under section 903 of the Social Security Act:
1. The sum of $155,000 for acquisition and improvement of property in the City of Winnemucca for the use of the employment security department in the administration of chapter 612 of NRS.
2. The sum of $134,000 for acquisition and improvement of property in the City of Las Vegas for the use of the employment security department in the administration of chapter 612 of NRS.
Sec. 6. The executive director of the employment security department is hereby authorized to expend from the employment security fund in the state treasury the sum of $30,000 for the acquisition and improvement of property in Carson City for the use of the employment security department in the administration of chapter 612 of NRS.
Sec. 7. No part of the money authorized to be expended by section 5 of this act may be obligated after the expiration of the 2-year period beginning on the date of enactment of this act.
Sec. 8. The amount obligated pursuant to section 5 of this act during any fiscal year beginning on July 1 and ending on the next June 30 shall not exceed the amount by which the aggregate of the amounts credited to the account of this state pursuant to section 903 of the Social Security Act during such fiscal year and the 14 preceding fiscal years exceeds the aggregate of the amounts obligated for administration and paid out for benefits and charged against the amounts credited to the account of this state during such 15 years.
________
Assembly Bill No. 419Committee on Transportation
CHAPTER 156
AN ACT relating to highways; authorizing the state highway engineer to provide certain information at safety rest areas; and providing other matters properly relating thereto.
[Approved March 25, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 405.020 is hereby amended to read as follows:
405.020 Any billboard, sign, placard, notice or other form of outdoor advertisement erected, placed, painted, posted or maintained otherwise than is provided in NRS 405.020 to 405.100, inclusive, or in NRS 408.275 shall be deemed a public nuisance and shall be removed, effaced or destroyed by the sheriff and other peace officers having authority wherever such nuisance may be located.
Sec. 2. NRS 408.275 is hereby amended to read as follows:
408.275 1. The department shall prepare highway planning surveys, maps and traffic studies for the purposes of securing, preserving and furnishing all necessary information relative to all highways of the state.
2. The department is authorized to construct and maintain roadside parks for the convenience of the traveling public and such roadside parks may be constructed at such locations as may be selected by the engineer.
κ1969 Statutes of Nevada, Page 224 (CHAPTER 156, AB 419)κ
parks for the convenience of the traveling public and such roadside parks may be constructed at such locations as may be selected by the engineer.
3. In order to provide information for the traveling public, the engineer may maintain maps, informational directories and advertising pamphlets at safety rest areas. The engineer may, with the concurrence of the board, contract with persons experienced in financing and operating information centers for the dissemination of maps, directories, advertising pamphlets and other information of interest to the traveling public by leasing to such persons available land at safety rest areas for such periods of time and for such considerations as are determined by the engineer to be in the best interests of the State of Nevada.
4. The department is authorized to receive any federal funds available for the purposes of [subsections 1 and 2] this section as may be authorized under the federal acts described in NRS 408.245.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 18Mr. Howard
CHAPTER 157
AN ACT relating to eminent domain; authorizing the State of Nevada, its political subdivisions and districts to exercise the power of eminent domain for the purpose of providing necessary access for owners or occupants of ranges and grazing lands.
[Approved March 25, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 37 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The State of Nevada or any political subdivision or district which possesses the power of eminent domain may, in addition to other uses for which the power may be exercised, exercise the power of eminent domain for the purpose of providing necessary access for the owners or occupants thereof to ranges and grazing lands.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 225κ
Assembly Bill No. 130Churchill, Douglas-Ormsby, Elko, Humboldt, Lincoln-White Pine, Lyon, Mineral (Hawthorne and Schurz Townships), Reno-North Tahoe-Verdi-Storey and Sparks-Sun Valley-Roop Districts Delegation
CHAPTER 158
AN ACT making an appropriation to the board of regents of the University of Nevada for the purpose of operating a program in health sciences at the University of Nevada, Reno; authorizing the board of regents of the University of Nevada to expend certain funds not appropriated by the legislature for the operating of such health sciences program and the remodeling of certain buildings at the University of Nevada, Reno; and providing other matters properly relating thereto.
[Approved March 25, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the board of regents of the University of Nevada for the purpose of operating a program in health sciences at the University of Nevada, Reno:
1. The sum of $14,900 for the fiscal year commencing July 1, 1969, and ending June 30, 1970.
2. The sum of $43,600 for the fiscal year commencing July 1, 1970, and ending June 30, 1971.
Sec. 2. The board of regents of the University of Nevada is authorized to expend from available funds not appropriated by the legislature for the purpose of operating a program in health sciences at the University of Nevada, Reno:
1. The sum of $241,625 for the fiscal year commencing July 1, 1969, and ending June 30, 1970.
2. The sum of $242,053 for the fiscal year commencing July 1, 1970, and ending June 30, 1971.
Sec. 3. The board of regents of the University of Nevada is authorized to expend the sum of $77,720 from the capital improvement fee fund of the University of Nevada, Reno, and the sum of $95,160 from federal grants-in-aid for the purpose of remodeling the Mechanical Arts Building at the University of Nevada, Reno, at a cost of $46,000 and the Mackay Science Building at the University of Nevada, Reno, at a cost of $126,880.
Sec. 4. 1. After June 30, 1970, any unexpended balance of the appropriation made in subsection 1 of section 1 of this act shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on September 1, 1970.
2. After June 30, 1971, any unexpended balance of the appropriation made in subsection 2 of section 1 of this act shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on September 1, 1971.
Sec. 5. Sections 1, 2 and 4 of this act shall become effective July 1, 1969. Sections 3 and 5 of this act shall become effective upon the passage and approval of this act.
________
κ1969 Statutes of Nevada, Page 226κ
Assembly Bill No. 378Committee on Taxation
CHAPTER 159
AN ACT relating to the local school support tax; providing for the closing of places of business; and providing other matters properly relating thereto.
[Approved March 26, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 374.150 is hereby amended to read as follows:
374.150 1. Whenever any person fails to comply with any provision of this chapter relating to the sales tax or any rule or regulation of the tax commission relating to the sales tax prescribed and adopted under this chapter, the tax commission, upon hearing, after giving the person 10 days notice in writing specifying the time and place of hearing and requiring him to show cause why his permit or permits should not be revoked, may revoke or suspend any one or more of the permits held by the person.
2. The tax commission shall give to the person written notice of the suspension or revocation of any of his permits.
3. The notices may be served personally or by mail in the manner prescribed for service of notice of a deficiency determination.
4. The tax commission shall not issue a new permit after the revocation of a permit unless it is satisfied that the former holder of the permit will comply with the provisions of this chapter relating to the sales tax and the regulations of the tax commission.
5. If a permit is revoked, the tax commission may seal and padlock the place of business for which the permit was issued.
Sec. 2. NRS 374.155 is hereby amended to read as follows:
374.155 1. A person who engages in business as a seller in a county without a permit or permits or after a permit has been suspended, and each officer of any corporation which so engages in business, is guilty of a misdemeanor.
2. If, after notice to the seller, served personally or by mail, the seller continues to engage in business without a permit, or after a permit has been suspended or revoked, the tax commission may seal and padlock any place of business of the seller. If notice under this subsection is served by mail, it shall be addressed to the seller at his address as it appears in the records of the tax commission.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 227κ
Senate Bill No. 112Committee on Finance
CHAPTER 160
AN ACT making an appropriation from the general fund for the support of the office of secretary of state for the cost of reproduction of Nevada Reports.
[Approved March 26, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury for the support of the office of secretary of state, for the cost of reproduction of Nevada Reports pursuant to NRS 345.025, the sum of $45,000.
________
Senate Bill No. 247Committee on State Institutions
CHAPTER 161
AN ACT relating to employees of the Nevada girls training center; permitting the employment of the wife of the superintendent of such center under certain circumstances; and providing other matters properly relating thereto.
[Approved March 26, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 210.500 is hereby amended to read as follows:
210.500 1. The superintendent shall appoint such teaching, technical, clerical and operational staff as the execution of his duties, the care of the inmates, and the maintenance and operation of the school may require, the appointments to be made in accordance with the provisions of chapter 284 of NRS.
2. The superintendent may designate an employee or employees of the school to act as his deputy or deputies. In case of the absence of the superintendent, or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his deputy or deputies.
3. The superintendent may appoint his wife to the staff when no other person is available for the position for which the wife is qualified.
4. Officers and employees of the school shall receive the per diem expense allowance and travel expenses provided by law.
Sec. 2. NRS 281.210 is hereby amended to read as follows:
281.210 1. Except as provided in this section, it shall be unlawful for any individual acting as a school trustee, state, township, municipal or county official, or for any board, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, any relative of such individual or of any member of such board, within the third degree of consanguinity or affinity.
κ1969 Statutes of Nevada, Page 228 (CHAPTER 161, SB 247)κ
2. This section shall not be construed to apply:
(a) To school districts, when the teacher or other school employee so related is not related to more than one of the trustees by consanguinity or affinity and shall receive a unanimous vote of all members of the board of trustees and approval by the state department of education.
(b) To school districts, when the teacher or other school employee so related has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more prior to April 1, 1957.
(c) To the wife of the warden of the Nevada state prison.
(d) To the wife of the superintendent of the Nevada girls training center.
(e) To relatives of blind officers and employees of the services to the blind division of the department of health, welfare and rehabilitation when such relatives are employed as automobile drivers for such officers and employees.
3. Nothing in this section shall:
(a) Prevent any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for any such service shall be met out of the personal funds of such officer.
(b) Be deemed to disqualify any widow with a dependent or dependents as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.
4. No person employed contrary to the provisions of this section shall be entitled to or allowed compensation for such employment.
5. Any person violating any provisions of this section shall be guilty of a gross misdemeanor.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 93Committee on Finance
CHAPTER 162
AN ACT making supplemental and other appropriations from the state highway fund and the general fund in the state treasury for various purposes; and providing other matters properly relating thereto.
[Approved March 26, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. For the fiscal year ending June 30, 1969, there is hereby appropriated from the general fund in the state treasury:
(a) The sum of $103,000 to the state department of education for public school teachers retirement as an additional and supplemental appropriation to that allowed and made by section 22 of chapter 441, Statutes of Nevada 1967.
κ1969 Statutes of Nevada, Page 229 (CHAPTER 162, SB 93)κ
(b) The sum of $237,000 to the mental hygiene division of the department of health, welfare and rehabilitation for the support of the Nevada state hospital as an additional and supplemental appropriation to that allowed and made by section 30 of chapter 441, Statutes of Nevada 1967.
(c) To the welfare division of the department of health, welfare and rehabilitation, the following sums for the support of the stated purposes:
Title XIX...................................................................................................... $480,000
Old-age assistance..................................................................................... 55,682
Aid to the blind.......................................................................................... 12,385
Aid to dependent children........................................................................ 305,248
Child welfare services................................................................................ 54,135
The appropriations made in this paragraph (c) are additional and supplemental appropriations to those allowed and made by section 30 of chapter 441, Statutes of Nevada 1967.
(d) The sum of $8,946 for the support of the state department of agriculture as an additional and supplemental appropriation to that allowed and made by section 40 of chapter 441, Statutes of Nevada 1967.
(e) The sum of $38,000 to the division of forestry of the state department of conservation and natural resources as an additional and supplemental appropriation to that allowed and made by section 39 of chapter 441, Statutes of Nevada 1967.
2. For the fiscal year ending June 30, 1969, there is hereby appropriated from the state highway fund in the state treasury the sum of $164,000 to the department of motor vehicles as an additional and supplemental appropriation to that allowed and made by section 47 of chapter 441, Statutes of Nevada 1967.
Sec. 2. After June 30, 1969, unexpended balances of the appropriations made by:
1. Subsection 1 of section 1 of this act shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on September 1, 1969.
2. Subsection 2 of section 1 of this act shall not be encumbered or committed for expenditure and shall revert to the state highway fund in the state treasury on September 1, 1969.
Sec. 3. There is hereby appropriated from the general fund in the state treasury to the state department of education for the support of:
Care of deaf, dumb and blind................................................................... $11,235
Nevada educational communications commission............................... 9,369
Sec. 4. There is hereby appropriated to the buildings and grounds division of the department of administration from the general fund in the state treasury the sum of $5,582 for the support of the Lahontan Basin field party.
Sec. 5. 1. There is hereby appropriated to the state motor pool in the department of administration from the general fund in the state treasury for:
Purchase of additional motor vehicles.................................................... $50,000
Payment of costs previously incurred by state parole and probation officers ......................................................................................................... 1,263
κ1969 Statutes of Nevada, Page 230 (CHAPTER 162, SB 93)κ
2. There is hereby appropriated to the state motor pool in the department of administration from the general fund in the state treasury the sum of $5,000 for the purchase of the governors leased Lincoln automobile. Notwithstanding the provisions of NRS 334.010 and chapter 333 of NRS or any other statute, the director of the department of administration may purchase the leased automobile with the moneys appropriated by this subsection without complying with applicable provisions of NRS 334.010 and chapter 333 of NRS.
Sec. 6. 1. There is hereby appropriated from the general fund in the state treasury:
(a) The sum of $81,862 to the state board of examiners emergency fund.
(b) The sum of $48,884 to the reserve for statutory contingency fund.
2. There is hereby appropriated from the state highway fund in the state treasury the sum of $1,116 to the reserve for statutory contingency fund.
Sec. 7. There is hereby appropriated from the general fund in the state treasury to the:
1. Secretary of state, for a microfilm project, the sum of $27,660.
2. Nevada tax commission, for a microfilm project, the sum of $17,145.
3. State department of conservation and natural resources, for contract obligations for acquisition of real property for the Lake Tahoe state park, the sum of $15,500.
4. Division of state parks of the state department of conservation and natural resources, for the Fort Mohave recreation study, the sum of $12,500.
Sec. 8. This act shall become effective upon passage and approval.
________
Senate Bill No. 294Committee on Finance
CHAPTER 163
AN ACT relating to the department of economic development; providing for a reorganization of the department; increasing the powers and duties of the department; and providing other matters properly relating thereto.
[Approved March 27, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 231.020 is hereby amended to read as follows:
231.020 As used in this chapter:
1. [Board means the state board of economic development.
2.] Department means the department of economic development of the State of Nevada.
[3.] 2. Director means the director of the department.
Sec. 2. NRS 231.030 is hereby amended to read as follows:
231.030 There is hereby [created and] established [a department of the state government to be designated and known as] the department of economic development, consisting of a [board of economic development,] division of travel and tourism, a division of industrial development, two councils, a director and such other employees as are hereinafter provided for.
κ1969 Statutes of Nevada, Page 231 (CHAPTER 163, SB 294)κ
of the state government to be designated and known as] the department of economic development, consisting of a [board of economic development,] division of travel and tourism, a division of industrial development, two councils, a director and such other employees as are hereinafter provided for.
Sec. 3. NRS 231.040 is hereby amended to read as follows:
231.040 [1.] There [is] are hereby created in the department [a state board of economic development] two advisory councils, each composed of [17] seven members appointed by and responsible to the governor, and serving [at the pleasure of the governor. No appointment shall extend beyond a period] for a term of 4 years. [from the date of expiration of the preceding appointment.
2. The members of the board shall be selected from a list of names submitted by the Association of Nevada County Commissioners, and no two members shall be residents of the same county.
3. Each appointee shall be a person familiar with the economic needs and opportunities of this state.]
Sec. 4. NRS 231.050 is hereby amended to read as follows:
231.050 1. [The board] Each council shall hold such meetings as it deems necessary, but in any event at least once a year, and shall meet at such times and at such places as shall be specified by a call of the chairman or a majority of the [board. The board] council. Each council shall select from its members a chairman who shall hold office for 1 year. The director shall act as secretary of [the board.] each council.
2. The [board] councils shall prescribe rules and regulations for [its] their own management and government [,] and [it] shall have only such powers and duties as may be authorized by law.
3. [Nine] Four members of [the board] a council shall constitute a quorum, and a quorum may exercise all the power and authority conferred on [the board.] a council.
Sec. 5. NRS 231.060 is hereby amended to read as follows:
231.060 The [board] councils shall be to the director [an] advisory [body] bodies only, and as such shall have the following advisory powers and duties:
1. To be informed on and interested in the entire field of economic development of the state.
2. To advise the director concerning the organization and administration of the department.
3. To report to the governor annually on all matters which it may deem pertinent to the department, and concerning any specific matters previously requested by the governor.
4. To advise and make recommendations to the governor or the legislature relative to the economic development and publicity policies of the state.
5. To promote the coordination of tourist promotion programs conducted by the various chambers of commerce in the state.
6. To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this chapter.
7. To keep minutes of transactions of each [board] meeting, regular or special, which shall be public records and filed with the department.
κ1969 Statutes of Nevada, Page 232 (CHAPTER 163, SB 294)κ
Sec. 6. NRS 231.070 is hereby amended to read as follows:
231.070 No [board] council member shall receive a salary, but for each days attendance at each meeting of the board, a member shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 7. NRS 231.090 is hereby amended to read as follows:
231.090 The director, as the executive head of the department, shall direct and supervise all its administrative and technical activities. In addition to the duties imposed upon him elsewhere in this chapter, he shall:
1. Attend all meetings of the [board] councils and act as [its] secretary, keeping minutes of the proceedings of the [board.] councils.
2. Report to the governor and the [board] councils upon all matters concerning the administration of his office, and he shall request the advice and counsel of the [board] councils on matters concerning the policy thereof, but he shall be responsible for the conduct of the department and its administrative functions, unless otherwise provided by law.
3. Make an annual report regarding the work of the department and such special reports as he may consider desirable to the [board] councils and to the governor.
4. Perform any other lawful acts which he may consider necessary or desirable to carry out the purposes and provisions of this chapter.
Sec. 8. NRS 231.120 is hereby amended to read as follows:
231.120 The department shall have the power and duty:
1. To advertise, publicize, promote and aid in the development of the commercial, industrial, agricultural, mining, tourist and other vital economic interests of the State of Nevada, and may, in carrying out this duty, contract with advertising agencies and research, engineering and public relations firms within and without the state.
2. To engage in research, publicity and promotion on behalf of the State of Nevada, in order that these ends may also be served in advancing the general economic welfare of the state, and to serve as the public information center for the State of Nevada by answering inquiries, both by mail and in person, concerning the resources, economic, residential and recreational advantages of this state and furnishing information and data on these and related subjects.
3. To give publicity to points and places of historic interest, climatic and recreational advantages, and the possibilities of successful pursuits and industrial enterprises in this state.
4. To investigate, study and undertake ways and means of promoting and encouraging the prosperous development and protection of the legitimate interest and welfare of Nevada business, industry and commerce, within and without the state.
5. To investigate and study conditions affecting Nevada business, industry and commerce, to collect and disseminate information and to engage in technical studies, scientific investigations, statistical research and educational activities necessary or useful for the proper execution of the power and duties of the department in promoting and developing Nevada business, industry and commerce, both within and outside the state.
6. To plan and develop an effective business information service, both for the direct assistance of business and industry of the state and for the encouragement of business and industry outside the state to use economic facilities within the state.
κ1969 Statutes of Nevada, Page 233 (CHAPTER 163, SB 294)κ
for the encouragement of business and industry outside the state to use economic facilities within the state.
7. To compile, collect and develop periodically, or otherwise make available, information relating to current business conditions.
8. To conduct or encourage research designed to further new and more extensive uses of the natural and other resources of the state and designed to develop new products and industrial processes.
9. To study changes in population and current trends and prepare plans and suggest policies for the development and conservation of the resources of the state.
10. To prepare and publish pamphlets and other descriptive material designed to carry out and effectuate the purposes of this chapter.
11. To accept gifts, bequests, devises, grants or trusts of funds, and to contract with the Federal Government to administer programs for which funds are supplied.
12. To make contracts with the State of Nevada or with any agency or political subdivision of the State of Nevada.
________
Assembly Bill No. 530Mr. Schouweiler
CHAPTER 164
AN ACT relating to recordation of tax payments; providing procedures for recordation and reporting; and providing other matters properly relating thereto.
[Approved March 27, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.485 is hereby amended to read as follows:
361.485 1. Whenever any tax is paid to the ex officio tax receiver he shall [mark the word Paid and the date of payment on the assessment roll opposite] appropriately record such payment and the date thereof on the tax roll contiguously with the name of the person or the description of the property liable for such taxes, and shall give a receipt therefor.
2. If the assessment roll is maintained on magnetic storage files in a computer system, the requirement of subsection 1 is met if the system is capable of producing, as printed output, the assessment roll with the dates of payments shown opposite the name of the person or the description of the property liable for such taxes.
Sec. 2. NRS 361.490 is hereby amended to read as follows:
361.490 On the 4th Monday in April of each year the ex officio tax receiver shall attend at the office of the county auditor with the assessment roll, and the county auditor shall then administer to the ex officio tax receiver an oath, which shall be written and subscribed on the assessment roll, or addendum thereto, to the effect that:
1. Each person and all property assessed on the roll on which taxes have been paid has [the word Paid and the date of payment marked opposite the name of such person or the description of such property.]
κ1969 Statutes of Nevada, Page 234 (CHAPTER 164, AB 530)κ
opposite the name of such person or the description of such property.] been duly credited with payment as provided in this chapter.
2. Each person and all property assessed on the roll on which taxes have been stricken by the order of the board of county commissioners have such [word marked opposite] designation indicated contiguously with the record of the taxes so stricken.
3. All property which became delinquent has [the word Delinquent marked opposite the same.] such designation indicated contiguously with the record of such property.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 445Committee on Ways and Means
CHAPTER 165
AN ACT relating to the cigarette tax fund; authorizing the Nevada tax commission to withhold a sum of money annually from the cigarette tax fund to compensate the State of Nevada for the costs of collecting cigarette taxes and licenses; and providing other matters properly relating thereto.
[Approved March 27, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by this chapter, less any refunds granted as provided by law, shall be paid to the tax commission in the form of remittances payable to the Nevada tax commission.
2. The tax commission shall:
(a) As compensation to the state for the costs of collecting the taxes and license fees, transmit $33,000 annually from the remittances made to it pursuant to subsection 1 to the state treasurer, who shall deposit the same to the credit of the tax commission. Such deposited moneys shall be expended by the tax commission in accordance with its work program established pursuant to law.
(b) Transmit the balance of such payments to the state treasurer to be deposited in the state treasury to the credit of the cigarette tax fund.
[(b)] (c) Report to the state controller quarterly the amount of collections.
3. The money in the cigarette tax fund is hereby appropriated to each of the counties in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce and apportioned as follows:
(a) If there are no incorporated cities within the county, the entire amount shall go into the county treasury.
(b) If there is one incorporated city within the county the money shall be apportioned between the city and the county on the basis of the population of such city and the population of such county excluding the population of such city, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
κ1969 Statutes of Nevada, Page 235 (CHAPTER 165, AB 445)κ
population of such city, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
(c) If there are two or more incorporated cities within the county, the entire amount shall be apportioned among such cities in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
________
Assembly Bill No. 446Committee on Ways and Means
CHAPTER 166
AN ACT making an appropriation from the general fund in the state treasury to the adjudication emergency fund.
[Approved March 27, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the adjudication emergency fund existing pursuant to the provisions of NRS 532.200 the sum of $456.22.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 464Committee on Ways and Means
CHAPTER 167
AN ACT relating to gaming; increasing the amount of authorized expenditures from the state gaming control board revolving fund; and providing other matters properly relating thereto.
[Approved March 27, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.330 is hereby amended to read as follows:
463.330 1. Costs of administration of this chapter incurred by the commission and the gaming control board shall be paid from the general fund on claims presented by the commission and approved and paid as other claims against the state are paid; but the total amount of such claims shall not exceed 10 percent of the total amount of money collected pursuant to this chapter. The commission and the board shall comply with the provisions of the State Budget Act in order that legislative authorization for budgeted expenditures may be provided.
2. In order to facilitate the confidential investigation of violations of this chapter and the regulations adopted by the commission pursuant hereto, there is hereby created the state gaming control board revolving fund.
κ1969 Statutes of Nevada, Page 236 (CHAPTER 167, AB 464)κ
fund. Upon the written request of the chairman of the board, the state controller is directed to draw his warrant in favor of the chairman in the amount of $3,000, and upon presentation of the same to the state treasurer, the treasurer shall pay the same. When the warrant is paid, the chairman shall deposit the $3,000 in a bank of reputable standing, which bank shall secure the deposit with a depository bond satisfactory to the state board of examiners. Before the chairman of the board shall receive such $3,000 from the state treasurer, he shall furnish a bond to the State of Nevada in the penal sum of $6,000, conditioned upon the faithful performance of his duties hereunder.
3. The chairman of the board is authorized to use the revolving fund to pay the reasonable expenses of agents and employees of the board engaged in confidential investigations concerning the enforcement of this chapter, including the prepayment of expenses where necessary, whether such expenses be incurred for investigation of known or suspected violations hereof. In allowing such expenses the chairman shall not be limited or bound by the provisions of NRS 281.160 or any act amendatory thereof or supplemental thereto.
4. After the expenditure of money from the revolving fund, the chairman of the board shall present a claim to the state board of examiners for the amount of the expenditure to be replaced in the revolving fund. The claim shall be audited, allowed and paid as are other claims against the state, but such claim shall not detail the investigation made as to the agent or employee making the same or the person or persons investigated. If the state board of examiners is not satisfied with the claim, the members thereof may orally examine the chairman concerning the same.
5. Expenditures from the revolving fund shall not exceed [$15,000] $30,000 in any 1 fiscal year. Authorization for expenditures from the revolving fund shall in no event be deemed to be an exception to the limitation on total expenditures imposed by subsection 1, but such expenditures from the revolving fund shall be deemed administrative expenses of this chapter and shall be included in the total of expenditures to which such limitation is applicable.
________
Assembly Bill No. 473Committee on Health and Welfare
CHAPTER 168
AN ACT relating to the department of health, welfare and rehabilitation; providing that volunteer workers at the Nevada state hospital shall be covered by industrial insurance benefits while on duty at the hospital; and providing other matters properly relating thereto.
[Approved March 27, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Volunteer workers at the Nevada state hospital, while acting under the direction or authorization of the supervisor of volunteer services of the hospital, shall be deemed, for the purpose of this chapter, employees of the Nevada state hospital in the mental hygiene division of the department of health, welfare and rehabilitation, receiving a wage of $350 per month, and shall be entitled to the benefits of this chapter upon compliance therewith by the Nevada state hospital.
κ1969 Statutes of Nevada, Page 237 (CHAPTER 168, AB 473)κ
direction or authorization of the supervisor of volunteer services of the hospital, shall be deemed, for the purpose of this chapter, employees of the Nevada state hospital in the mental hygiene division of the department of health, welfare and rehabilitation, receiving a wage of $350 per month, and shall be entitled to the benefits of this chapter upon compliance therewith by the Nevada state hospital.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 43Committee on Federal, State and Local Governments
CHAPTER 169
AN ACT to amend NRS 404.020, relating to road districts, by removing the right of a person owing an additional special tax to pay such tax by laboring on the roads and providing implements of labor.
[Approved March 27, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 404.020 is hereby amended to read as follows:
404.020 1. When the board of county commissioners deems it expedient, the board may levy a property tax not to exceed one-fourth of 1 percent on all the property in the county, annually, to be levied, assessed and collected as other taxes, and assigned by the board of county commissioners to the road funds of the several road districts, as the board may deem for the best interest of the county.
2. When a majority of the property owners of any road district shall petition the board of county commissioners for an additional special tax for the benefit of the road district, the board of county commissioners shall levy a tax on all property within the district, at a rate not to exceed $3 on each $1,000 valuation, which shall be paid into the county treasury for the road fund of the district. [Any person owing the additional special tax may pay a part or all of the same by labor on the roads of the district, at the rate of $3 for each full days work and implements of labor, $4 per day for each team of two animals, and $1 per day for each additional animal.]
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 238κ
Assembly Bill No. 65Committee on Health and Welfare
CHAPTER 170
AN ACT relating to juvenile correctional institutions; providing procedures for medical reports and abrogating individual surety bonds for the superintendent and for other employees; and providing other matters properly relating thereto.
[Approved March 27, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 210.180 is hereby amended to read as follows:
210.180 1. It shall be lawful for the courts to commit to the school those minor persons between the ages of 8 and 18 years whom they have found to be delinquents as provided by law. Before any such person is conveyed to the school it shall be ascertained from the superintendent whether adequate facilities are available to provide the necessary care to such person. The superintendent shall fix the time at which such person shall be delivered to the school. The superintendent shall accept such person unless there are not adequate facilities available to provide the necessary care, or there are not adequate funds available for the support of the school, or, in the opinion of the superintendent, such person is not suitable for admission to the school.
2. The court may order, when committing a minor to the care, custody and control of the school, the expense of his support and maintenance be paid in whole or in part by his parents, guardian or other person liable for his support and maintenance. The moneys so ordered paid shall be paid to the superintendent, who shall immediately deposit the sum in the state treasury to be credited to the general fund.
3. The court shall order, before commitment, that such minor person be given a physical examination, which examination shall include a blood test, X-ray examination for tuberculosis, urinalysis and an examination for venereal disease, by some licensed physician. The physician shall, within 5 days after such examination, make a written report of the results thereof to the [superintendent. Such examination shall be paid for by] clerk of the juvenile court, if there is one, and otherwise to the county clerk of the county wherein such commitment was ordered. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination. The clerk of the juvenile court or the county clerk, as the case may be, shall immediately forward a copy of the written report to the superintendent.
Sec. 2. NRS 210.580 is hereby amended to read as follows:
210.580 1. It shall be lawful for the courts to commit to the school female minor persons between the ages of 8 and 18 years whom they have found to be delinquents as provided by law. Before any such person is conveyed to the school it shall be ascertained from the superintendent whether adequate facilities are available to provide the necessary care to such person. The superintendent shall fix the time at which such person shall be delivered, unless there are not adequate facilities available to provide the necessary care, or there are not adequate funds available for the support of the school, or, in the opinion of the superintendent, such person is not suitable for admission to the school. Upon the written request of the superintendent, at any time either before or after commitment to the school, the court may order commitment to a school approved by the board outside of the State of Nevada, or to a private institution within the State of Nevada.
κ1969 Statutes of Nevada, Page 239 (CHAPTER 170, AB 65)κ
the superintendent, at any time either before or after commitment to the school, the court may order commitment to a school approved by the board outside of the State of Nevada, or to a private institution within the State of Nevada.
2. The court may order, when committing a female minor to the care, custody and control of the school, that the expense of her support and maintenance be paid in whole or in part by her parents, guardian or other person liable for her support and maintenance. The moneys so ordered paid shall be paid to the superintendent, who shall immediately deposit the sum in the state treasury to be credited to the general fund.
3. The court shall order, before commitment, that such female minor person be given a physical examination, which examination shall include a blood test, X-ray examination for tuberculosis, urinalysis, and an examination for venereal disease by some licensed physician. The physician shall, within 5 days after such examination, make a written report of the results thereof to the [superintendent. Such examination shall be paid for by] clerk of the juvenile court, if there is one, and otherwise to the county clerk of the county wherein such commitment was ordered. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination. The clerk of the juvenile court or the county clerk, as the case may be, shall immediately forward a copy of the written report to the superintendent.
Sec. 3. NRS 210.110 and 210.120 are hereby repealed.
________
Senate Bill No. 149Committee on Federal, State and Local Governments
CHAPTER 171
AN ACT relating to water resource planning; requiring the state engineer to conduct studies for the development of a water resource plan; and providing other matters properly relating thereto.
[Approved March 27, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 532 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The state engineer shall:
1. Conduct necessary studies and inventories and shall develop a comprehensive water resource plan for the State of Nevada.
2. Review and evaluate proposals by federal, state and local agencies for flood control and water development projects to insure that such proposals are compatible with the state water resource plan and are in compliance with Nevada water laws.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 240κ
Senate Bill No. 148Committee on Federal, State and Local Governments
CHAPTER 172
AN ACT relating to the city of North Las Vegas; authorizing the refunding of certain special assessment bonds; and providing other matters properly relating thereto.
[Approved March 27, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The legislature finds:
1. That the city of North Las Vegas has been unable to collect the special assessments levied on property comprising its Improvement District No. 30 and falling due prior to the effective date of this act.
2. That compliance by the city of North Las Vegas with the provisions of section 97 of chapter III of the city charter, requiring the levy of an ad valorem tax on all property in the city to meet the payments of principal and interest due on its special assessment bonds, would have a severe adverse effect not only on the ability of the city to discharge its other governmental responsibilities but also on the tax structure of Clark County.
3. That the problem is temporary and unique to Improvement District No. 30 of the city of North Las Vegas, so that a general law cannot be made applicable.
Sec. 2. 1. The city council of the city of North Las Vegas is hereby authorized, upon obtaining the consent of the holder or holders of its Local Improvement Bonds, Series April 1, 1966, to accept refunding bonds in exchange for such bonds, to issue refunding bonds in the amount and on the terms provided in this act, notwithstanding any contrary provision of:
(a) Any general law;
(b) The charter of the city of North Las Vegas; or
(c) Any other special law.
2. Such refunding bonds may be issued only in exchange for the bonds to be refunded.
Sec. 3. 1. The principal amount of the refunding bonds to be issued pursuant to this act shall not exceed the total of:
(a) The unpaid principal amount of the Local Improvement Bonds, Series April 1, 1966; and
(b) The interest unpaid and accrued to the date of exchange on the Local Improvement Bonds, Series April 1, 1966, including interest accrued at the coupon rate on any bond which became due but was not paid prior to the date of exchange.
2. The interest rate of the refunding bonds to be issued pursuant to this act shall not exceed 7 percent per annum.
Sec. 4. 1. The refunding bonds to be issued pursuant to this act shall mature serially over a period beginning not more than 5 years after their date of issue and ending not more than 20 years after their date of issue.
2. Each such bond shall contain a provision that it may be called and paid, prior to maturity, when money becomes available to the city from the payment or foreclosure of the special assessments levied on property comprising Improvement District No.
κ1969 Statutes of Nevada, Page 241 (CHAPTER 172, SB 148)κ
property comprising Improvement District No. 30. If fewer than all of the outstanding bonds can be so paid at one time, those first maturing shall be first paid.
Sec. 5. 1. The city council shall immediately apply to the redemption of any outstanding refunding bonds issued pursuant to this act the proceeds of any judgment in any action to enforce the lien of special assessments levied on property comprising Improvement District No. 30, when and as recovered.
2. The city council shall further pledge to the payment of the interest and principal of any refunding bonds issued pursuant to this act, so long as any such bonds remain outstanding, the entire proceeds of interest and principal to be received after the effective date of this act from the sale of the so-called Ronnow property to Pardee Phillips in 1963, or from any judicial enforcement of the contract or promissory notes relating to such sale.
Sec. 6. Any refunding bonds issued pursuant to this act shall not constitute a debt of the city of North Las Vegas, and shall be payable solely from:
1. The proceeds of the special assessments levied on property comprising Improvement District No. 30;
2. The other moneys required by section 5 of this act to be pledged or applied to their payment; and
3. General tax proceeds only if the sources described in subsections 1 and 2 are insufficient for their payment.
Sec. 7. The city council may provide by ordinance for any appropriate details of the issuance of refunding bonds pursuant to this act, but every such provision must be consistent with the restrictions and requirements imposed by this act.
Sec. 8. The issuance of refunding bonds pursuant to this act shall not alter or abridge any lien securing the Local Improvement Bonds, Series April 1, 1966. Every such lien shall remain in full force and effect as security for the refunding bonds to the same extent and in the same manner as formerly for the bonds refunded. Such issuance shall not:
1. Reduce or defer any assessment, interest or penalty levied upon any property included within Improvement District No. 30;
2. Increase the obligation of any owner of any such property unless such owner consents in writing to an increase; or
3. Affect any action or proceeding instituted to foreclose an assessment lien on any such property.
Sec. 9. 1. The city council of the city of North Las Vegas shall on or before July 1, 1969, put into effect such of the recommendations of the auditor, designated by the legislature to examine the financial affairs of the city, as are adopted by the legislature.
2. Any officer or employee of the city of North Las Vegas who fails to comply with the requirements of subsection 1 is guilty of a misdemeanor and shall forfeit his office or employment, but any such violation shall not impair the authorization to issue refunding bonds pursuant to the act or the obligation of such bonds if issued.
Sec. 10. 1. This act shall become effective upon passage and approval.
2. If the consent of the holder or holders of the Local Improvement Bonds, Series April 1, 1966, of the city of North Las Vegas to accept refunding bonds in exchange therefor is not obtained prior to December 31, 1969, the authorization to issue bonds pursuant to this act shall expire by limitation on December 31, 1969.
κ1969 Statutes of Nevada, Page 242 (CHAPTER 172, SB 148)κ
refunding bonds in exchange therefor is not obtained prior to December 31, 1969, the authorization to issue bonds pursuant to this act shall expire by limitation on December 31, 1969.
________
Assembly Bill No. 310Mr. Frank Young
CHAPTER 173
AN ACT relating to public employees retirement; providing for an optional retirement program for the University of Nevada; and providing other matters properly relating thereto.
[Approved March 27, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 286 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 of the University of Nevada may establish an optional retirement program under which contracts providing retirement and death benefits for members of the professional staff may be purchased. The state and the participants shall contribute toward the purchase of the contracts which are issued to the participants.
Sec. 3. An optional retirement program may be a separate system or fund or may participate in a larger system or fund with respect to some or all of the benefits provided under the program. The benefits under the optional retirement program may be provided through insurance policies or annuity contracts, either fixed or variable in nature, or through a combination thereof, as specified in the program. The insurance policies and annuity contracts may be obtained from any life insurance or annuity company authorized to do business in this state.
Sec. 4. Elections to participate in the optional retirement program shall be made as follows:
1. Eligible employees initially appointed on or after July 1, 1969, within 90 days after entry into service, shall elect:
(a) To join the public employees retirement system of the State of Nevada; or
(b) To participate in the optional retirement program of the University of Nevada,
except that such persons initially entering service during the period July 1, 1969, through September 30, 1969, may defer such election until December 6, 1969. The election shall be made in writing and filed with the retirement system and the disbursing officer of the University of Nevada and shall be effective as of the date of entry into service.
2. Eligible employees initially appointed before July 1, 1969, may elect to participate in the optional retirement program. The election shall be made in writing and filed with the retirement system and the disbursing officer of the University of Nevada on or before December 6, 1969, shall become effective as of January 1, 1970, and shall constitute a waiver of all benefits provided by the public employees retirement system except as may otherwise be provided by law.
κ1969 Statutes of Nevada, Page 243 (CHAPTER 173, AB 310)κ
waiver of all benefits provided by the public employees retirement system except as may otherwise be provided by law.
3. Any eligible employee who is a member of the public employees retirement system at the time he elects to participate in the optional retirement program shall be deemed to be a person who discontinues service on the effective date of such election and the public employees retirement system shall transfer the amount credited to him in his account with the public employees retirement fund to his account in the optional retirement program or return to the employee the amount credited to him in his account with the public employees retirement fund, as the employee may request.
4. Any state employee who becomes eligible to elect the optional retirement program by reason of:
(a) The certification of the position held by him as professional staff; or
(b) His appointment, promotion, transfer or reclassification to a position previously so certified,
may elect the optional retirement program. The election shall be made in writing and filed with the retirement system and the disbursing officer of the University of Nevada within 30 days after notice in writing to the employee of his eligibility, and shall become effective on the date of the election, except that in no case shall such election become effective prior to January 1, 1970.
5. An election by an eligible employee of the optional retirement program shall not be effective unless it is accompanied by an appropriate application, where required, for the issuance of a contract under the program.
Sec. 5. The board of regents of the University of Nevada shall contribute on behalf of each participant an amount equal to 6 percent of the participants gross compensation during continuance of employment. Each participant shall also contribute 6 percent of his gross compensation, but the contributions required by this section shall not be less than those authorized by subsection 1 of NRS 286.410 and subsection 1 of NRS 286.450. Payment of contributions required by this section shall be made by the disbursing officer for the university to the designated company for the benefit of each participant.
Sec. 6. The board of regents of the University of Nevada shall designate the company from which contracts are to be purchased under the optional retirement program and shall approve the form and contents of such contracts. In making the designation and giving the approval, the board shall consider:
1. The nature and extent of the rights and benefits to be provided by such contracts for staff members and their beneficiaries;
2. The relation of such rights and benefits to the amount of contributions to be made;
3. The suitability of such rights and benefits to the needs of the staff members and the interests of the college in the recruitment and retention of staff members; and
4. The ability of the designated company or companies to provide such suitable rights and benefits under such contracts.
Sec. 7. If the board of regents of the University of Nevada elects to establish and maintain an optional retirement program, it may provide for the administration of the program and perform all functions which may be necessary for the accomplishment of the program.
κ1969 Statutes of Nevada, Page 244 (CHAPTER 173, AB 310)κ
establish and maintain an optional retirement program, it may provide for the administration of the program and perform all functions which may be necessary for the accomplishment of the program.
Sec. 8. Any member of the professional staff of the University of Nevada electing to participate in the optional retirement program shall be ineligible for membership in the public employees retirement system so long as he remains continuously employed in any position by the University of Nevada and continues in the optional retirement program.
Sec. 9. A retirement, death or other benefit shall not be paid by the State of Nevada or the board of regents of the University of Nevada under the optional retirement program. Benefits are payable to participating employees or their beneficiaries only by the designated company in accordance with the terms of the contracts.
Sec. 10. NRS 396.290 is hereby amended to read as follows:
396.290 All employees of the University of Nevada, including those persons who were receiving benefits under the provisions of chapter 204, Statutes of Nevada 1915, and chapter 99, Statutes of Nevada 1943, [shall] may elect to receive the benefits provided under the contract of integration entered into between the board of regents of the University of Nevada and the public employees retirement board on June 30, 1950, pursuant to the provisions of NRS 286.370 [.] , or may exercise an option to receive the benefits provided under sections 2 to 9, inclusive, of this act.
________
Senate Bill No. 73Committee on Federal, State and Local Governments
CHAPTER 174
AN ACT authorizing the city of Boulder City, in the county of Clark and State of Nevada, to acquire a telephone project within a project area in the city of Boulder City; providing for the levy of special assessments, the issuance of special assessment bonds and the exercise of other powers in connection therewith; providing that such powers shall be exercised pursuant to the Consolidated Local Improvements Law; and providing other matters properly relating thereto.
[Approved March 27, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. It is hereby declared as a matter of legislative determination:
1. The acquisition by the city of Boulder City in the county of Clark and State of Nevada, (designated in this act as the City), of a telephone project, as defined in this act, is in the public interest, constitutes a public purpose and is of special benefit to the property in the project area, as defined in this act.
2. In view of atypical circumstances and unusual conditions a general law cannot be made applicable.
Sec. 2. Telephone project means facilities pertaining to the distribution of telephone cables and lines, including without limitation subsurface conduits, and all appurtenances and incidentals related thereto (or any combination thereof).
κ1969 Statutes of Nevada, Page 245 (CHAPTER 174, SB 73)κ
Sec. 3. Project area means that area within the City, commonly designated as Boulder City No. 11, and more particularly described as follows: Beginning at a point on the common Section line to Section 9 and Section 16 at a point S 89°32′07″ W 770.86 feet from the common section corner to Sections 9, 10, 15 and 16, T23S, R64E, MDB & M, thence S 89°32′07″ W 29.14 feet, thence S 00°28′04″ E 1957.33 feet, thence S 39°36′50″ W 2726.07 feet, thence on a curve whose tangent bears N 50°23′10″ W, concave to the Southwest having a radius of 2000.00 feet, through a central angle of 24°54′30″ an arc distance of 869.46 feet, thence on a tangent N 75°17′40″ W 644.20 feet, thence N 14°42′20″ E 576.84 feet, thence on a curve concave to the Southeast having a radius of 5475.99 feet, through a central angle of 5°10′00″ an arc distance of 493.80 feet, thence on a tangent N 19°52′20″ E 352.93 feet, thence East 1550.00 feet, thence North 3227.5 feet, thence N 87°00′00″ E 1079.73 feet, thence S 13°30′00″ E 280.00 feet, thence S 89°00′00″ E 30.00 feet, thence South 251.37 feet, thence S 00°28′57″ E 620.86 feet to the Point of Beginning.
Sec. 4. The city council of the City, upon behalf of the City and in its name, without any election, from time to time may acquire in the project area a telephone project.
Sec. 5. The city council of the City, upon behalf of the City and in its name, for the purpose of defraying all the cost of acquiring the telephone project in the project area, or any portion thereof not to be defrayed with moneys available therefor from the general fund, any special fund, or otherwise, may:
1. Levy assessments against assessable property within the project area and cause the assessments so levied to be collected.
2. Levy from time to time and cause to be collected taxes against all taxable property within the City, without limitation as to rate or amount, except for the limitation in section 2 of article 10 of the constitution of the State of Nevada, to pay the principal of and interest on bonds to the extent assessments are insufficient therefor.
3. Pledge the proceeds of any assessments and taxes levied under this act to the payment of special assessment bonds and create liens on such proceeds to secure such payments.
4. Issue special assessment bonds as provided in this act.
5. Make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers granted in this act, or in the performance of the municipalitys covenants or duties or in order to secure the payment of its bonds, but no encumbrance, mortgage or other pledge of property (excluding any money) of the City shall be created thereby, and no property (excluding money) of the City shall be liable to be forfeited or taken in payment of such bonds.
Sec. 6. The powers conferred by sections 4 and 5 of this act shall be exercised in the manner provided by the Consolidated Local Improvements Law, as from time to time amended, and the powers, immunities, rights and privileges therein granted and the duties, disabilities and liabilities therein provided shall apply to any proceedings taken under this act or acts done pursuant thereto.
Sec. 7. No other act or law nor any provision of the charter of the City that in any way impedes or restricts the carrying out of the powers conferred in this act shall be construed as applying to any proceedings taken thereunder or acts done pursuant thereto, except as otherwise provided in this act.
κ1969 Statutes of Nevada, Page 246 (CHAPTER 174, SB 73)κ
conferred in this act shall be construed as applying to any proceedings taken thereunder or acts done pursuant thereto, except as otherwise provided in this act.
Sec. 8. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law or the charter of the City.
Sec. 9. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 10. This act shall become effective upon its passage and approval.
________
Assembly Bill No. 198Mr. Torvinen
CHAPTER 175
AN ACT relating to mining; repealing provisions for prospecting on private lands; and providing other matters properly relating thereto.
[Approved March 27, 1969]
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.
κ1969 Statutes of Nevada, Page 247 (CHAPTER 175, AB 198)κ
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.] , smelting and related activities. Mining, smelting and related activities as follows:
(a) Mining and related activities, which are recognized as the paramount interest of this state.
(b) 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.
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.
κ1969 Statutes of Nevada, Page 248 (CHAPTER 175, AB 198)κ
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. NRS 321.334 and chapter 516 of NRS are hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 29Committee on Federal, State and Local Governments
CHAPTER 176
AN ACT relating to the acquisition, improvement and equipment of water drainage, sanitary sewer and water supply facilities by incorporated cities and incorporated towns; authorizing contracts between any such a municipality and the Federal Government pertaining to any such project, the repayment thereto by the municipality of project costs incurred by the Federal Government, and the payment of interest thereon; authorizing such municipalities otherwise to cooperate with the Federal Government; otherwise concerning such contracts, other documents and other instruments, such projects, and acts and proceedings pertaining thereto; otherwise providing powers, duties, immunities, rights, privileges, liabilities, disabilities, limitations and other details in connection therewith; validating, ratifying, approving and confirming such contracts, documents, other instruments, projects, acts and proceedings; and providing other matters properly relating thereto.
[Approved March 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.
Sec. 2. Except where the context otherwise requires, the definitions in sections 3 to 12, inclusive, of this act govern the construction of sections 2 to 18, inclusive, of this act.
Sec. 3. Acquisition or acquire means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the Federal Government, this state, any public body therein, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of any properties pertaining to a project, or an interest therein.
Sec. 4. Drainage project means any natural and artificial water facilities for the collection, channeling, impoundment and disposal of rainfall, other surface and subsurface drainage waters and storm and flood waters, including without limitation ditches, ponds, dams, spillways, retarding basins, detention basins, lakes, reservoirs, canals, channels, levees, revetments, dikes, walls, embankments, bridges, inlets, outlets, connections, laterals, other collection lines, intercepting sewers, outfalls, outfall sewers, trunk sewers, force mains, submains, waterlines, sluices, flumes, syphons, sewerlines, pipes, conduits, culverts, other transmission lines, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, engines, valves, pumps, meters, junction boxes, manholes, other inlet and outlet structures, bucket machines, inlet and outlet cleaners, backhoes, draglines, graders, other equipment, apparatus, fixtures, structures and buildings, flood-warning service and appurtenant telephone, telegraph, radio and television apparatus, and other water-diversion, drainage and flood-control facilities (or any combination thereof).
κ1969 Statutes of Nevada, Page 249 (CHAPTER 176, SB 29)κ
cleaners, backhoes, draglines, graders, other equipment, apparatus, fixtures, structures and buildings, flood-warning service and appurtenant telephone, telegraph, radio and television apparatus, and other water-diversion, drainage and flood-control facilities (or any combination thereof).
Sec. 5. Federal Government means the United States of America, or any agency, instrumentality or corporation thereof.
Sec. 6. Governing body means the city council, city commission, board of supervisors, town council, town board or other local legislative or governing body of the municipality.
Sec. 7. Improvement or improve means the extension, widening, lengthening, betterment, alteration, reconstruction or other major improvement (or any combination thereof) of any properties pertaining to a project or an interest therein, but does not mean renovation, reconditioning, patching, general maintenance or other minor repair.
Sec. 8. Municipal means pertaining to a municipality as defined in section 9 of this act.
Sec. 9. Municipality means any incorporated city or any incorporated town organized pursuant to chapter 267 of NRS which has a population of 4,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 10. Project means the acquisition, improvement and equipment (or any combination thereof) of a drainage project, sewerage project or water project (or any combination thereof).
Sec. 11. Sewerage project means facilities pertaining to a municipal sanitary sewerage system for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes, including without limitation a sewerage treatment plant, sewerage purification and treatment works and disposal facilities, drying beds, pumping plant and station, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, waterlines, sewerlines, conduits, ditches, pipes and transmission lines, pumping plants, filter plants, power plants, pumping stations, gauging stations, ventilating facilities, incinerators, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings and other facilities for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes (or any combination thereof). A sewerage project may include as a part thereof a drainage project as defined in section 4 of this act.
Sec. 12. Water project means facilities pertaining to a municipal water system for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, ponds, lakes, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers, other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, power plants, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, sub-mains, syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation (or any combination thereof).
κ1969 Statutes of Nevada, Page 250 (CHAPTER 176, SB 29)κ
channels, ditches, pipes, lines, laterals, service pipes, force mains, sub-mains, syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation (or any combination thereof).
Sec. 13. Notwithstanding any provisions to the contrary in any other law, the governing body of any municipality, on its behalf and in its name, is authorized:
1. To request the Federal Government to undertake any project for the municipality; and
2. To negotiate for, to obtain and enter into, and to cause to be executed such contracts, documents and other instruments as are necessary or appropriate to carry such requests into effect, subject to the approval by the qualified electors of the municipality of a question authorizing the incurrence of an indebtedness by the municipality by making such an agreement in the manner provided for the approval of a bond question in NRS 350.010 to 350.070, inclusive, as from time to time amended.
Sec. 14. In the contracts, documents and other instruments designated in section 13 of this act, the governing body may:
1. Obligate the municipality to repay to the Federal Government the cost of the project undertaken by it for the municipality, including without limitation all incidental costs pertaining thereto, over a term of not exceeding 40 years commencing on any specified date in the calendar year next following the calendar year in which the project is completed or is estimated to be completed in any such contract between the municipality and the Federal Government, or in any other such document or any other such instrument, whichever period is later, and otherwise upon such terms and conditions and with such other provisions as the municipality and the Federal Government may provide, except as otherwise provided in sections 2 to 18, inclusive, of this act.
2. Obligate the municipality to pay to the Federal Government interest on the project cost, except to the extent an allowance is made in the project cost for interest during the period of construction or during any other period determined by the municipality and the Federal Government, at a rate or rates not exceeding 6 percent per annum.
3. Obligate the municipality to operate and maintain the facilities resulting from the project or otherwise pertaining thereto, in such manner, upon such terms and conditions, and otherwise with such other provisions as the municipality and the Federal Government may provide.
4. Pledge the full faith and credit of the municipality for the payment of the moneys due under such contracts, documents and other instruments.
5. Provide for the payment of such moneys as general obligations or special obligations of the municipality, or as general obligations of the municipality the payment of which is additionally secured by a pledge of revenues derived from any utility or other income-producing project of the municipality legally available therefor.
6. Otherwise pledge the full faith and credit of the municipality for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of the municipality in any such contract with the Federal Government.
κ1969 Statutes of Nevada, Page 251 (CHAPTER 176, SB 29)κ
the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of the municipality in any such contract with the Federal Government.
7. Exercise any combination of powers provided in sections 2 to 15, inclusive, of this act.
Sec. 15. Any municipality may otherwise cooperate with the Federal Government in connection with any project undertaken by the Federal Government, including without limitation in the manner provided in the Federal Reclamation Law approved June 17, 1902 (32 Stat. 388), all acts amendatory thereof or supplemental thereto, and any other Act of Congress enacted prior to or after the effective date of this act authorizing or permitting such cooperation.
Sec. 16. All outstanding contracts, documents and other instruments pertaining to any project, and all acts and proceedings had or taken prior to the effective date of this act, or purportedly had or taken, by or on behalf of a municipality preliminary to or in the authorization, execution and otherwise making of such contracts, documents and other instruments or preliminary to or in the undertaking of the project (or any combination thereof) are hereby validated, ratified, approved and confirmed, including without limitation any election for the authorization of such contracts, the terms, provisions, conditions and covenants in any such contracts, documents and other provisions and in any resolutions and ordinances pertaining thereto, except as otherwise provided in section 17 of this act, notwithstanding any lack of power, authority or otherwise, other than constitutional, and notwithstanding any defects and irregularities, other than constitutional, in the creation of the municipality and in making or adopting such contracts, documents and other instruments, or in undertaking such project, including without limitation such acts and proceedings had or taken prior to the effective date of this act appertaining thereto but remaining uncompleted, subject to the taking or adoption of such supplemental acts and proceedings prior to the effective date of this act not had or taken, nor purportedly had or taken, but required by and in substantial and due compliance with sections 2 to 18, inclusive, of this act and any other laws pertaining thereto.
Sec. 17. 1. Sections 16 and 17 of this act shall operate to supply such legislative authority as may be necessary to validate any such contracts, documents and other instruments pertaining to any project, to validate any such project, and to validate all acts and proceedings preliminary thereto and prior to the effective date of this act had or taken which the legislature could have supplied or provided for in sections 2 to 18, inclusive, of this act or in any other law under which such contracts, documents and other instruments were made or adopted, such project was undertaken, or such acts or proceedings were taken.
2. Sections 16 and 17 of this act, however, shall be limited to the validation of contracts, documents, other instruments, projects, acts and proceedings to the extent to which they can be effectuated under the state and federal constitutions.
3. Sections 16 and 17 shall not operate to validate, ratify, approve, confirm or legalize any contract, document, other instrument, project, act, proceeding or any other matter which has been determined prior to the effective date of this act in any legal proceeding to be illegal, void or ineffective.
κ1969 Statutes of Nevada, Page 252 (CHAPTER 176, SB 29)κ
proceeding or any other matter which has been determined prior to the effective date of this act in any legal proceeding to be illegal, void or ineffective.
Sec. 18. Sections 2 to 17, inclusive, of this act being necessary to secure the public health, safety, convenience and welfare, they shall be liberally construed to effect their purposes.
Sec. 19. This act shall become effective upon passage and approval.
________
Senate Bill No. 347Committee on Transportation
CHAPTER 177
AN ACT relating to the department of motor vehicles; permitting the department to maintain an inventory of its equipment; repealing provisions concerning transfer of highway patrol vehicles for driver-training purposes; and providing other matters properly relating thereto.
[Approved March 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 481 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The department shall prepare and maintain an inventory of all of the controllable equipment of the department.
Sec. 2. NRS 481.190, 481.200, 481.210 and 481.220 are hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 344Committee on Federal, State and Local Governments
CHAPTER 178
AN ACT relating to public property; requiring using agencies to maintain inventory records and to conduct annual physical counts of inventory; and providing other matters properly relating thereto.
[Approved March 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 333.220 is hereby amended to read as follows:
333.220 1. The chief shall:
(a) Provide for classification of the fixed properties and movable equipment of the state in the possession of the using agencies.
(b) Establish or cause to be established an adequate identification scheme for all such property and equipment.
κ1969 Statutes of Nevada, Page 253 (CHAPTER 178, SB 344)κ
(c) Cause adequate records of such equipment and property to be maintained.
2. The chief shall have authority to transfer tools, implements, machinery or other equipment in the possession of any using agency, when such equipment is not necessary for the use of such agency, to such other agency or agencies as may have need therefor.
3. The records of property and equipment of the state shall be maintained at all times to show the officers entrusted with the custody thereof and transfers of property between such officers. [Such records shall be maintained by each agency which is required by law to maintain its own inventory, and by the chief for all other state property and equipment.] Each using agency shall maintain current inventory records. Each using agency shall conduct an annual physical count of all property and equipment charged to it and shall reconcile the results of the annual physical count with the inventory records maintained by it.
4. The rules of the chief shall prescribe the procedure by which supplies, materials and equipment may be condemned and disposed of, by sale or otherwise, when of no further use to the state. Such rules shall provide that no such property shall be sold otherwise than to the highest bidder after every effort has been made to secure at least three competitive bids and that no condemned property of an appraised value over $500 shall be sold except through notice published in a newspaper circulated in the area in which the sale is made.
________
Senate Bill No. 342Committee on Federal, State and Local Governments
CHAPTER 179
AN ACT relating to the state controller; deleting provisions requiring him to send warrants to the welfare division of the department of health, welfare and rehabilitation for mailing to the recipients thereof; and providing other matters properly relating thereto.
[Approved March 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 425.200 is hereby amended to read as follows:
425.200 1. The state welfare administrator shall furnish to the state controller a full, true and correct list of recipients entitled to assistance, and of the monthly amount to be paid to each of them from the combined aid to dependent children fund, certified to by him as being a full, true and correct list of such recipients and the amount to which each of them is entitled under this chapter. The list shall be subject to revision by the state welfare administrator to make it conform to such changes as may be made pursuant to the terms of this chapter.
2. Upon receiving the certified list the state controller shall promptly draw his warrant upon the fund payable to each recipient in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant shall be for the total amount of federal and state funds to which each recipient is entitled under the provisions of this chapter.
κ1969 Statutes of Nevada, Page 254 (CHAPTER 179, SB 342)κ
warrant shall be for the total amount of federal and state funds to which each recipient is entitled under the provisions of this chapter.
3. [Immediately after the warrants have been drawn in the manner provided by law, the state controller shall deliver all warrants to the welfare division and the welfare division shall mail the warrants through the facilities of the state central mailing system to the recipients entitled thereto.
4.] The books, records and accounts of the state controller and the state treasurer relating to the aid to dependent children fund in the state treasury shall be open to inspection and subject to audit by officers and agents of the United States.
Sec. 2. NRS 426.120 is hereby amended to read as follows:
426.120 1. The state welfare administrator shall furnish to the state controller a full, true and correct list of recipients of this state entitled to aid to the blind, and of the monthly amount to be paid to each of them, which list is subject to revision by the state welfare administrator to make it conform to such changes as may be duly made pursuant to the terms of NRS 426.010 to 426.500, inclusive.
2. The state controller shall promptly, upon receiving such certified list, draw his warrant upon the aid to the blind fund payable to each such recipient in the amount to which he is entitled, upon and pursuant to such certified list, and the state treasurer shall pay the same.
3. Every such warrant shall be for the total amount of federal and state funds to which each such recipient is entitled under the provisions of NRS 426.010 to 426.500, inclusive.
[4. The state controller shall, immediately after such warrants have been so drawn, in the manner provided by law, deliver all such warrants to the welfare division of the department of health, welfare and rehabilitation, and the welfare division shall mail the warrants through the facilities of the state central mailing system to the recipients entitled thereto as determined by the welfare division.]
Sec. 3. NRS 427.160 is hereby amended to read as follows:
427.160 1. The state welfare administrator shall furnish to the state controller a full, true and correct list of recipients in this state entitled to such assistance, and of the monthly amount to be paid to each of them from federal and state funds. The list shall be certified by the state welfare administrator as being a full, true and correct list of such recipients and the amount to which each of them is entitled under this chapter. The list shall be subject to revision by the state welfare administrator to make it conform to such changes as may be made pursuant to the terms of this chapter.
2. Upon receiving the certified list, the state controller shall promptly draw his warrant upon the fund payable to each such recipient in the amount to which he is entitled, upon and pursuant to the certified list, and the state treasurer shall pay the same. Every such warrant shall be for the total amount of federal and state funds to which each recipient is entitled under the provisions of this chapter.
[3. Immediately after the warrants have been drawn in the manner provided by law, the state controller shall mail all such warrants to the welfare division and the welfare division shall mail the warrants to the recipients entitled thereto as determined by the welfare division.]
κ1969 Statutes of Nevada, Page 255 (CHAPTER 179, SB 342)κ
welfare division and the welfare division shall mail the warrants to the recipients entitled thereto as determined by the welfare division.]
Sec. 4. NRS 432.070 is hereby amended to read as follows:
432.070 1. The state welfare administrator shall furnish to the state controller a full, true and correct list of claimants in each county entitled to payment for the care and services provided for in this chapter, and of the amount to be paid to each of them from the several funds provided for in this chapter, certified to by him as being a full, true and correct list of such claimants in that county and the amount to which each of them is entitled under this chapter. The list shall be subject to revision by the state welfare administrator to make it conform to such changes as may be made pursuant to the terms of this chapter.
2. Upon receiving the certified list the state controller shall promptly draw his warrant upon the particular fund payable to each claimant in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant shall be for the total amount of federal, state and county funds to which each claimant is entitled under the provisions of this chapter.
[3. Immediately after the warrants have been drawn in the manner provided by law, the state controller shall deliver all warrants to the welfare division, and the welfare division shall mail such warrants through the facilities of the state central mailing system to the claimants entitled thereto.]
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 341Committee on Federal, State and Local Governments
CHAPTER 180
AN ACT relating to records of survey; increasing fee for filing records of survey; and providing other matters properly relating thereto.
[Approved March 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 278.550 is hereby amended to read as follows:
278 550 1. The record of survey filed with the county recorder of any county shall be securely fastened by him into a suitable book provided for that purpose. He shall keep proper indexes of records of survey by the name of grant, tract, subdivision or United States subdivision.
2. The charge for filing any record of survey and for indexing the same shall be [$1.] $2.50.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 256κ
Senate Bill No. 368Senator Fransway
CHAPTER 181
AN ACT relating to the state highway system; amending the description of Route 49.
[Approved March 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.650 is hereby amended to read as follows:
408.650 Route 49. Route 49 begins at a point [on Route 48 southeast of Gerlach, thence easterly by Sulphur and] at Sulphur, thence easterly by Jungo to a point on Route [8] 140 at Winnemucca.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 335Committee on Federal, State and Local Governments
CHAPTER 182
AN ACT relating to the buildings and grounds division of the department of administration; repealing the requirement for a superintendents report; and providing other matters properly relating thereto.
[Approved March 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 331.050 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 328Committee on Federal, State and Local Governments
CHAPTER 183
AN ACT relating to motor vehicle fuel taxes; providing that employees of the Nevada tax commission shall be appointed in conformity with the state personnel system; and providing other matters properly relating thereto.
[Approved March 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 365.120 is hereby amended to read as follows:
365.120 The tax commission may:
[1.] Appoint auditors, accountants, inspectors, clerks and such other assistants or agents as it may deem necessary to enforce its powers and perform its duties under this chapter.
κ1969 Statutes of Nevada, Page 257 (CHAPTER 183, SB 328)κ
[2. Fix their compensation and provide for their necessary expenses.] Such employees shall be in the classified service of the State of Nevada and shall be appointed pursuant to the provisions of chapter 284 of NRS.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 163Committee on Judiciary
CHAPTER 184
AN ACT relating to minors; removing the civil liability of gambling house operators and saloonkeepers to parents or guardians of minors allowed to remain in or gamble in such establishments.
[Approved March 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 202.070 and 465.100 are hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 134Committee on Education
CHAPTER 185
AN ACT relating to kindergartens; broadening the discretion of boards of trustees of school districts in establishing kindergartens; setting eligibility age for enrollment in kindergartens; and providing other matters properly relating thereto.
[Approved March 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 388.010 is hereby amended to read as follows:
388.010 Within the meaning of this Title of NRS, public schools includes all kindergartens and elementary schools, junior high schools, [and] high schools and any other schools, classes and educational programs which receive their support through public taxation, and whose textbooks, courses of study and other regulations are under the control of the state board of education.
Sec. 2. NRS 388.030 is hereby amended to read as follows:
388.030 Whenever the board of trustees of a school district shall deem it necessary, the board shall divide the public schools within the school district into kindergarten, primary, grammar, [and] high school and other permissible departments, and shall employ competent and legally qualified teachers for the instruction of the different departments; provided:
1. That such division into departments shall be in accordance with the state courses of study and all rules and regulations of the state department of education; and
κ1969 Statutes of Nevada, Page 258 (CHAPTER 185, SB 134)κ
the state courses of study and all rules and regulations of the state department of education; and
2. That there shall be money for all such departments; if not, then the division shall be in the order in which the departments are named in this section, excepting the kindergarten department, which shall not be considered as taking precedence over [any other department; and
3. That the kindergarten department shall not be established in any school attendance area having a school population of less than 100 resident children of school age.] the primary, grammar or high school departments; and
3. No child is eligible to attend kindergarten who will not reach the age required for enrollment in the first grade, as provided in NRS 392.040, during the year of enrollment in kindergarten.
Sec. 3. NRS 388.060 is hereby amended to read as follows:
388.060 1. The board of trustees of a school district, with the approval of the superintendent of public instruction, may establish, equip and maintain a kindergarten or kindergartens in a school attendance [areas when:
(a) The board receives a petition from the parents or guardians of 25 or more resident children who will be eligible to attend kindergarten under the provisions of this section; and
(b) The superintendent of public instruction approves.] area.
2. No child shall be eligible to attend kindergarten who will not reach the age for his enrollment in the first grade the following school year under the provisions of NRS 392.040.
3. The board of trustees of a school district in which a kindergarten is to be established under the provisions of this Title of NRS shall budget for such purposes by including the costs in the next regular budget for the school district.
[4. If the average daily attendance of any kindergarten in any school district is 15 or less for the school year, the board of trustees shall, at the close of the school year, discontinue the kindergarten.]
________
Senate Bill No. 83Committee on Judiciary
CHAPTER 186
AN ACT relating to courts of justice; excluding justices courts and municipal courts from the operation of NRS 1.130 restricting business on nonjudicial days.
[Approved March 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 1.130 is hereby amended to read as follows:
1.130 1. No court except a justices court or a municipal court shall be opened nor shall any judicial business be transacted except by a justices court or municipal court on Sunday, or on any day declared to be a holiday according to the provisions of NRS 236.010, except for the following purposes:
κ1969 Statutes of Nevada, Page 259 (CHAPTER 186, SB 83)κ
a holiday according to the provisions of NRS 236.010, except for the following purposes:
(a) To give, upon their request, instructions to a jury then deliberating on their verdict.
(b) To receive a verdict or discharge a jury.
(c) For the exercise of the power of a magistrate in a criminal action or in a proceeding of a criminal nature.
(d) For the issue of a writ of attachment, which may be issued on each and all of the days above enumerated upon the plaintiff, or some person in his behalf, setting forth in the affidavit required by law for obtaining the writ the additional averment as follows: That the affiant has good reason to believe, and does believe, that it will be too late for the purpose of acquiring a lien by the writ to wait until subsequent day for the issuance of the same. All proceedings instituted, and all writs issued, and all official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect of proceedings commenced on other days, whether a lien be obtained or a levy made under and by virtue of the writ.
2. Nothing herein contained shall affect private transactions of any nature whatsoever.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 405Messrs. Torvinen, Wood, Schouweiler, Fry and Mrs. Frazzini
CHAPTER 187
AN ACT relating to property tax; permitting local governments to acquire tax-delinquent properties for public purposes; and providing other matters properly relating thereto.
[Approved March 28, 1969]
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. Any local government may, in the manner provided in this section, acquire property held in trust by the treasurer of the county in which such local government is located by virtue of any deed made pursuant to the provisions of this chapter.
2. Whenever any local government determines that a public purpose may be served by the acquisition of such property, it may make application to the board of county commissioners for permission to acquire such property. If the board of county commissioners approves the application, it shall direct the county treasurer to give notice of intent to sell to the last-known owner or heirs or devisees of such last-known owner of the property in the manner provided by law.
3. Such last-known owner may, within 90 days of such notice, redeem the property by paying to the treasurer the amount of the delinquent taxes, plus penalties, interest and costs.
κ1969 Statutes of Nevada, Page 260 (CHAPTER 187, AB 405)κ
redeem the property by paying to the treasurer the amount of the delinquent taxes, plus penalties, interest and costs.
4. If such owner fails to redeem the property within the time allowed, the county treasurer shall transfer the property to the local government upon receiving from it the amount of the delinquent taxes, plus penalties, interest and costs.
Sec. 2. NRS 361.585 is hereby amended to read as follows:
361.585 1. When the time allowed by law for redemption shall have expired, and no redemption shall have been made, the tax receiver who issued the certificate, or his successor in office, shall execute and deliver to the county treasurer a deed of the property described in each respective certificate in trust for the use and benefit of the state and county and any officers having fees due them in such cases.
2. The county treasurer and his successors in office, upon obtaining a deed of any property in trust under the provisions of this chapter, shall hold such property in trust until the same is sold pursuant to the provisions of this chapter.
3. [Anything in NRS 361.595 to the contrary notwithstanding, at any time] Notwithstanding the provisions of NRS 361.595 or of section 1 of this act, at any time during the 90-day period specified in section 1 of this act, or prior to the public notice of sale by a county treasurer, pursuant to NRS 361.595, of any property held in trust by him by virtue of any deed made pursuant to the provisions of this chapter, any person who was the owner, beneficiary under a deed of trust or mortgagee under a mortgage of such property, or to whom such property was assessed, or who held a contract to purchase such property, prior to being so conveyed to the county treasurer, or the successor in interest of any such person, shall have the right to have such property reconveyed to him upon tendering to the county treasurer the amount of the taxes, costs, penalties and interest legally chargeable against such property, as set forth in subsection 4 of NRS 361.570, together with interest at the rate of 10 percent per annum until the time of reconveyance.
Sec. 3. NRS 361.595 is hereby amended to read as follows:
361.595 1. Any property held in trust by any county treasurer by virtue of any deed made pursuant to the provisions of this chapter may be sold and conveyed in the manner [hereinafter prescribed.] prescribed in this section and in section 1 of this act.
2. The board of county commissioners may make an order, to be entered on the record of its proceedings, directing the county treasurer to sell the property particularly described therein, after giving notice of sale, for a total amount not less than the amount of the taxes, costs, penalties and interest legally chargeable against such property as stated in the order.
3. Notice of such sale shall be posted in at least three public places in the county, including one at the courthouse and one on the property, for a period of not less than 20 days prior to the day of sale or, in lieu of such posting, by publication of such notice for a like period of time in some newspaper published within the county, if the board of county commissioners shall so direct by its order.
4. Upon compliance with such order the county treasurer shall make, execute and deliver to any purchaser, upon payment to him, as trustee, of a consideration not less than that specified in the order, an absolute deed, discharged of any trust of the property mentioned in such order.
κ1969 Statutes of Nevada, Page 261 (CHAPTER 187, AB 405)κ
of a consideration not less than that specified in the order, an absolute deed, discharged of any trust of the property mentioned in such order.
5. Before delivering any such deed, the county treasurer shall record the same at the expense of the purchaser.
6. All such deeds, whether issued before or after July 1, 1955, are primary evidence of the regularity of all proceedings relating to the order of the board of county commissioners, the notice of sale and the sale of the property; but no such deed shall be executed and delivered by the county treasurer after July 1, 1955, until he shall have filed at the expense of the purchaser, with the clerk of the board of county commissioners, proper affidavits of posting and of publication of the notice of sale, as the case may be, together with his return of sale, duly verified, showing compliance with the order of the board of county commissioners, which return shall constitute primary evidence of the facts recited therein.
7. If such deed when regularly issued is not recorded in the office of the county recorder, such deed, and all proceedings relating thereto, shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same property, or any portion thereof, when his own conveyance shall be first duly recorded.
8. The board of county commissioners shall provide its clerk with a record book in which shall be indexed the name of each purchaser, together with the date of sale, a description of the property sold, a reference to the book and page of the minutes of the board of county commissioners where the order of sale is recorded, and the file number of the affidavits and return.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 295Mr. Torvinen
CHAPTER 188
AN ACT relating to statutory liens; adding to the list of exemptions from liens of keepers of apartments and bungalow houses; and providing other matters properly relating thereto.
[Approved March 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.510 is hereby amended to read as follows:
108.510 1. Except as provided in subsection 2, keepers of furnished or unfurnished apartment houses or furnished bungalow courts shall have a lien upon the baggage and other property of value belonging to their tenants or guests, and upon all the right, title and interest of their tenants or guests in and to all property in the possession of such tenants or guests which may be in such apartment house or furnished bungalow court, for:
(a) The proper charges due from such tenants or guests for their accommodation, rent, services, meals and such extras as are furnished at their request; and
κ1969 Statutes of Nevada, Page 262 (CHAPTER 188, AB 295)κ
(b) All moneys expended for them at their request; and
(c) The costs of enforcing the lien;
with the right to the possession of such baggage and other property of value until the charges are paid, and the moneys are repaid.
2. [Tools and implements necessary to carry on the trade or employment of, and required work uniforms belonging to, such tenant or guest are exempt from the provisions of this section.] The following items belonging to such tenant or guest are exempt from the provisions of this section:
(a) Tools and implements necessary to carry on a trade or employment.
(b) Work uniforms and personal clothing, but not furs, jewelry or other items of unusual value.
(c) All clothing of dependent children.
(d) All prescription medicines and drugs.
3. Unless the charges shall be paid and unless the moneys shall be repaid within 60 days from the time when the charges and moneys, respectively, become due, the keeper of an apartment house or furnished bungalow court may sell the baggage and property at public auction to the highest bidder, after giving notice of the sale as provided in NRS 108.520.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 272Messrs. Close and Reid
CHAPTER 189
AN ACT relating to summary proceedings for obtaining possession of property; expanding certain provisions to cover mobile homes; and providing other matters properly relating thereto.
[Approved March 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 40.250 is hereby amended to read as follows:
40.250 A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer:
1. Where he continues in possession, in person or by subtenant, of the property or a mobile home or any part thereof, after the expiration of the term for which it is let to him. In all cases where real property is leased for a specified term or period, or by express or implied contract, whether written or parol, the tenancy shall be terminated without notice at the expiration of such specified term or period.
2. When, having leased real property or a mobile home for an indefinite time, with monthly or other periodic rent reserved, he continues in possession thereof, in person or by subtenant, after the end of any such month or period, in cases where the landlord, 15 days or more prior to the end of such month or period, shall have served notice requiring him to quit the premises at the expiration of such month or period; or, in cases of tenancy at will, where he remains in possession of such premises after the expiration of a notice of not less than 5 days.
κ1969 Statutes of Nevada, Page 263 (CHAPTER 189, AB 272)κ
cases of tenancy at will, where he remains in possession of such premises after the expiration of a notice of not less than 5 days.
3. When he continues in possession, in person or by subtenant, after default in the payment of any rent and after a notice in writing, requiring in the alternative the payment of the rent or the surrender of the detained premises, shall have remained uncomplied with for a period of 3 days after service thereof. Such notice may be served at any time after the rent becomes due.
4. When he assigns or sublets the leased premises contrary to the covenants of the lease, or commits or permits waste thereon, or when he sets up or carries on therein or thereon any unlawful business, or when he suffers, permits or maintains on or about the premises any nuisance, and remains in possession after service upon him of 3 days notice to quit.
5. When he continues in possession, in person or by subtenant, after a neglect or failure to perform any condition or covenant of the lease or agreement under which the property or mobile home is held, other than those hereinbefore mentioned, and after notice in writing, requiring in the alternative the performance of such condition or covenant or the surrender of the property, served upon him, and, if there be a subtenant in actual occupation of the premises, also upon such subtenant, shall remain uncomplied with for 5 days after the service thereof. Within 3 days after the service, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person, interested in its continuance, may perform such condition or covenant and thereby save the lease from forfeiture; but if the covenants and conditions of the lease, violated by the lessee, cannot afterwards be performed, then no notice as last prescribed herein need be given.
Sec. 2. NRS 40.253 is hereby amended to read as follows:
40.253 1. In addition to the remedy provided by subsection 3 of NRS 40.250 and by NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling [or] , apartment [,] or mobile home with periodic rent reserved by the month or any shorter period, is in default in payment of such rent, the landlord or his agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises at or before noon of the third day following the day of service.
2. Upon noncompliance with such notice:
(a) The landlord or his agent may apply by affidavit to the justice of the peace of the township wherein the dwelling [or] , apartment or mobile home is located. Such justice of the peace may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order.
(b) The landlord or his agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.
Sec. 3. NRS 40.255 is hereby amended to read as follows:
40.255 In any of the following cases, a person who holds over and continues in possession of real property or a mobile home after a 3-day written notice to quit has been served upon him, and also upon any subtenant in actual occupation of the premises, pursuant to NRS 40.280, may be removed as prescribed in NRS 40.290 to 40.420, inclusive:
κ1969 Statutes of Nevada, Page 264 (CHAPTER 189, AB 272)κ
1. Where the property or mobile home has been sold under an execution against him or a person under whom he claims, and the title under the sale has been perfected; or
2. Where the property or mobile home has been sold upon the foreclosure of a mortgage, or under an express power of sale contained therein, executed by him or a person under whom he claims, and the title under the sale has been perfected; or
3. Where the property or mobile home has been sold under a power of sale granted by NRS 107.080 to the trustee of a deed of trust executed by such person or a person under whom he claims, and the title under such sale has been perfected; or
4. Where the property or mobile home has been sold by him or a person under whom he claims, and the title under the sale has been perfected.
Sec. 4. NRS 40.420 is hereby amended to read as follows:
40.420 The writ of restitution issued by a justice of the peace shall be substantially in the following form:
The State of Nevada to the sheriff or constable of the county of ., greeting: Whereas, A. B., of the county of ., at a court of inquiry of an unlawful holding over of [lands, tenements,] (lands) (tenements) (a mobile home), and other possessions, held at my office (stating the place), in the county aforesaid, on the . day of ., A. D. ., before me, a justice of the peace for the county aforesaid, by the consideration of the court, has recovered judgment against C. D., to have restitution of (here describe the premises as in the complaint). You are therefore commanded, that taking with you the force of the county, if necessary, you cause the said C. D. to be immediately removed from the aforesaid premises, and the said A. B. to have peaceable restitution of the same; and you are also commanded that of the goods and chattels of the said C. D., within said county, you cause to be made the sum of . dollars for the said plaintiff, together with the costs of suit indorsed hereon, and make return hereof within 30 days from this date. Given under my hand, this . day of ., A. D. . E. F., justice of the peace.
Sec. 5. Chapter 40 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in NRS 40.220 to 40.420, inclusive, unless the context requires otherwise:
1. Mobile home means every vehicle, including equipment, which is constructed, reconstructed or added to in such a way as to have an enclosed room or addition occupied by one or more persons as a dwelling or sleeping place and which has no foundation other than wheels, jacks, skirting or other temporary support.
2. Premises includes a mobile home.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 265κ
Assembly Bill No. 217Messrs. Lowman, Torvinen, Smith, Reid, Bryan, Branch, Close, McKissick, Swallow and Kean
CHAPTER 190
AN ACT relating to narcotic drugs; providing immunity from prosecution for a narcotic drug violation for district attorneys, peace officers and their agents while investigating narcotic drug violations under certain circumstances; and providing other matters properly relating thereto.
[Approved March 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All peace officers, district attorneys and their deputies while investigating violations of this chapter in performance of their official duties, and any person working under their immediate direction, supervision or instruction are immune from prosecution under the provisions of this chapter for acts which would otherwise be unlawful under the provisions of this chapter but which are reasonably necessary in the performance of their official duties.
________
Assembly Bill No. 216Messrs. Lowman, Torvinen, Smith, Reid, Bryan, Branch, Close, McKissick, Swallow and Kean
CHAPTER 191
AN ACT relating to narcotic drugs; resolving a statutory ambiguity relating to the possession of a narcotic drug; and providing other matters properly relating thereto.
[Approved March 28, 1969]
Whereas, NRS 453.030 provides:
453.030 It shall be unlawful for any person to manufacture, possess, have under his control, sell, prescribe, administer, dispense, or compound any narcotic drug, except as authorized in NRS 453.010 to 453.240, inclusive.
And Whereas, NRS 453.183 provides:
453.183 No person may:
1. Possess for sale a narcotic drug except in accordance with the provisions of NRS 453.010 to 453.240, inclusive.
2. Conspire with another person or persons to violate NRS 453.120 or NRS 453.143 or NRS 453.185.
And Whereas, Although such provisions have been permitted historically to speak for themselves, a possibility of ambiguity exists in construing the terms possess as appears in NRS 453.030 and possess for sale as appears in NRS 453.183;
And Whereas, The intention of the legislature is that possession of a narcotic drug and possession of a narcotic drug for sale remain separate offenses; now, therefore,
κ1969 Statutes of Nevada, Page 266 (CHAPTER 191, AB 216)κ
narcotic drug and possession of a narcotic drug for sale remain separate offenses; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 453.183 is hereby amended to read as follows:
453.183 No person may:
1. Possess for sale or otherwise, a narcotic drug except in accordance with the provisions of NRS 453.010 to 453.240, inclusive.
2. Conspire with another person or persons to violate NRS 453.120 or NRS 453.143 or NRS 453.185.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 132Mr. Lowman
CHAPTER 192
AN ACT relating to juveniles; authorizing the publishing of the name of a juvenile offender with two previous adjudications which would be felonies if committed by an adult; and providing other matters properly relating thereto.
[Approved March 28, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 62.200 is hereby amended to read as follows:
62.200 1. If the court shall find that the child is within the purview of this chapter, it shall so decree and may, by order duly entered, proceed as follows:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court shall determine.
(b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children, or place him in a family home. In committing a child to a private institution or agency the court shall select one that is licensed by the welfare division of the department of health, welfare and rehabilitation to care for such children, or, if such institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Nevada girls training center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychologic or other care and treatment as the court may deem to be for the best interests of the child, except as herein otherwise provided.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct or neglect which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
κ1969 Statutes of Nevada, Page 267 (CHAPTER 192, AB 132)κ
the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
2. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
3. No adjudication by the court upon the status of any child shall operate to impose any of the civil disabilities ordinarily resulting from conviction, nor shall any child be deemed a criminal by reason of such adjudication, nor shall such adjudication be deemed a conviction, nor shall any child be charged with crime or convicted in any court, except as provided in NRS 62.080. This disposition of a child or any evidence given in the court shall not operate to disqualify the child in any future civil service application or appointment; nor shall the name (except as otherwise provided in this subsection) or race of any such child in connection with any proceedings under this chapter be published in any newspaper without a written order of the court. The name of a child may be published at any time in connection with any proceeding under this chapter only if there have been two previous adjudications that the child has committed offenses which would be felonies if committed by an adult.
4. Whenever the court shall commit a child to any institution or agency it shall transmit at the time the child is received at the institution or prior thereto a summary of its information concerning the child. The institution or agency shall give to the court such information concerning such child as the court may at any time require.
________
Assembly Bill No. 176Mr. Frank Young
CHAPTER 193
AN ACT relating to juveniles; providing that persons under 18 years of age charged with the commission of a crime may be placed in the county jail in certain instances; and providing other matters properly relating thereto.
[Approved March 31, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 62.170 is hereby amended to read as follows:
62.170 1. Any peace officer or probation officer may take into custody any child who is found violating any law or ordinance or whose surroundings are such as to endanger his welfare. When a child is taken into custody, the officer shall immediately notify the parent, guardian or custodian of the child, if known, and the probation officer. Unless it is impracticable or inadvisable or has been otherwise ordered by the court, or is otherwise provided in this section, the child shall be released to the custody of his parent or other responsible adult upon the written agreement signed by such person to bring the child to the court at a stated time or at such time as the court may direct. The written agreement shall be submitted to the court as soon as possible. If such person shall fail to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.
κ1969 Statutes of Nevada, Page 268 (CHAPTER 193, AB 176)κ
produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.
2. If the child is not released, as provided in subsection 1, the child shall be taken without unnecessary delay to the court or to the place of detention designated by the court, and, as soon as possible thereafter, the fact of detention shall be reported to the court. Pending further disposition of the case the child may be released to the custody of the parent or other person appointed by the court, or may be detained in such place as shall be designated by the court, subject to further order.
3. [No] Except as provided otherwise in this section no child under 18 years of age shall at any time be confined or detained in any police station, lockup, jail or prison, or detained in any place where the child can come into communication with any adult convicted of crime or under arrest and charged with crime; except that where no other detention facility has been designated by the court, until the judge or probation officer can be notified and other arrangements made therefor, the child may be placed in a jail or other place of detention, but in a place entirely separated from adults confined therein.
4. The official in charge of any detention home may by written order direct the transfer to the county fail of a child placed in the detention home. The child shall not be detained in the county jail for more than 24 hours unless a district judge orders him so detained for a longer period. Such an order may be made by the judge without notice to the child or anyone on his behalf. Any child under 18 years of age who is held in the county jail pursuant to the provisions of this subsection shall, where possible, be placed in a cell separate from adults.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 249Mr. Jacobsen
CHAPTER 194
AN ACT relating to county clerks; establishing a uniform fee schedule; and providing other matters properly relating thereto.
[Approved March 31, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 19 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each county clerk shall charge and collect the following fees:
On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, in addition to the court fee now provided by law, to be paid by the party commencing such action or proceeding or transfer.................................................... $17.00 On an appeal to the district court of any case from a justices court or a municipal court, or on the transfer of any case from a justices court or a municipal court, in addition to the court fee now provided by law........................................... $10.00
κ1969 Statutes of Nevada, Page 269 (CHAPTER 194, AB 249)κ
On an appeal to the district court of any case from a justices court or a municipal court, or on the transfer of any case from a justices court or a municipal court, in addition to the court fee now provided by law .............................................................................................................. $10.00
On the filing of a petition for letters testamentary, or of administration or guardianship, which fee shall include the court fee now provided by law, to be paid by the petitioner:
Where the stated value of the estate is more than $1,000 and less than $5,000..................................................................................... 15.00
Where the stated value of the estate is $5,000 or more......... 25.00
Where the stated value of the estate is $1,000 or less, no fee may be charged or collected.
On filing a petition to contest any will or codicil, to be paid by the petitioner .............................................................................................................. 15.00
On the filing of objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving or objecting party............................................................... 5.00
On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them...................................................................................................... 10.00
For every additional defendant, appearing separately........ 5.00
On the filing of any paper in intervention............................................ 10.00
For issuing an execution or order of sale, in any action................... 1.00
For filing any notice of motion to move for a new trial of any civil action or proceeding, to be paid by the party filing the same and which shall be in full for all services to be rendered in connection with the motion .............................................................................................................. 5.00
For filing a notice of appeal and appeal bond, each......................... 1.00
For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage................................................................................................ 2.50
For filing remittitur from the supreme court........................................ 1.00
For recording judgment entered thereon, per folio............... .20
For issuing transcript of judgment and certifying thereto................ 1.00
For filing and docketing abstract of judgment of justices court..... 1.00
For issuing execution thereon................................................... 1.00
For preparing any copy of any record, proceeding or paper on file in his office:
When such copy is typed, per folio............................................ .20
When such copy is photostated, for each page....................... .60
For each certificate of the clerk, under the seal of the court ................................................................................................. 1.00 For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate........................................................ $1.00
κ1969 Statutes of Nevada, Page 270 (CHAPTER 194, AB 249)κ
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate............... $1.00
For comparing such copy with the original, per folio.......... .05
For filing and indexing articles of incorporation.............................. 2.50
For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement or bond companies ................................................................................................. 1.00
For filing all papers to be kept by him, not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity..................................................... 1.00
For administering each oath, without certificate, except in a pending action or proceeding.......................................................................................... 1.00
For issuing any certificate under seal, not otherwise provided for. 1.00
For taking any affidavit, except in criminal cases.............................. .50
For taking any acknowledgment........................................................... 1.00
For searching records or files in his office, for each year................. .50
For filing and recording a bond of a notary public........................... 2.50
2. All fees prescribed in this section shall be payable in advance if demanded by the county clerk.
3. The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.
4. No fee shall be charged any attorney and counselor at law duly admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.
5. Each county clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.
Sec. 2. NRS 19.120, 19.130, 19.140, 19.150, 19.160, 19.170, 19.180, 19.190, 19.200, 19.210, 19.220, 19.230, 19.240, 19.250, 19.260, 19.270, and 19.280 are hereby repealed.
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κ1969 Statutes of Nevada, Page 271κ
Assembly Bill No. 252Messrs. Reid and Lowman
CHAPTER 195
AN ACT relating to the crime of nonsupport of children; increasing the penalty; and providing other matters properly relating thereto.
[Approved March 31, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 201.020 is hereby amended to read as follows:
201.020 Any husband who, [shall,] without just cause, [desert or] deserts, willfully [neglect or refuse] neglects or refuses to provide for the support and maintenance of his wife in destitute or necessitous circumstances; or any parent who [shall,] without lawful excuse [, desert or] deserts or willfully [neglect or refuse] neglects or refuses to provide for the support and maintenance of his or her legitimate or illegitimate minor child or children or any parent who [shall] without lawful excuse [desert or] deserts or willfully [neglect or refuse] neglects or refuses to provide for the support and maintenance of his or her legitimate or illegitimate minor child or children who upon arriving at the age of majority are unable to provide themselves with support and maintenance due to infirmity, incompetency or other legal disability contracted prior to their reaching the age of majority, shall be punished:
1. [For the first offense, for a misdemeanor.] If the conduct for which the defendant was convicted persisted for less than 6 months, for a misdemeanor or, if such conduct persisted for more than 6 months, for a gross misdemeanor or, if for more than 1 year as provided in subsection 2.
2. For any subsequent offense by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $1,000, or by both fine and imprisonment.
________
Assembly Bill No. 364Committee on Education
CHAPTER 196
AN ACT relating to public school teachers; requiring such teachers to be employed for 2 consecutive years before being permitted to have their dismissal, removal or nonreemployment reviewed by a professional review committee; and providing other matters properly relating thereto.
[Approved March 31, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.311 is hereby amended to read as follows:
391.311 The following terms, whenever used or referred to in NRS 391.312 to 391.3196, inclusive, have the following meaning unless a different meaning clearly appears in the context:
κ1969 Statutes of Nevada, Page 272 (CHAPTER 196, AB 364)κ
1. Administrator means any teacher the majority of whose working time is devoted to service as a superintendent, supervisor, principal, vice principal or the director of a division or its equivalent in a school district.
2. Board means the board of trustees of the school district wherein a teacher affected by NRS 391.311 to 391.3196, inclusive, is employed.
3. Superintendent means the superintendent of a school district or the person acting as such.
4. Teacher means any certified employee of a board of trustees of a school district [.] who has been employed by such board of trustees for 2 consecutive contract periods.
Sec. 2. Chapter 391 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The willful neglect or failure on the part of any teacher not under the provisions of NRS 391.312 to 391.3196, inclusive, to observe and carry out the duties and obligations required of him under this Title is sufficient cause for the dismissal, removal or determination not to reemploy such teacher. Any teacher dismissed, removed or not reemployed may appear at the regular meeting of the board of trustees next succeeding the meeting at which the determination to dismiss, remove or not reemploy the teacher was made. If the teacher so appears, the reasons for such determination shall be given to him and such teacher may reply.
________
Senate Bill No. 24Senator Herr
CHAPTER 197
AN ACT relating to tort liability; authorizing school districts to insure peace officers against such liability in certain instances; and providing other matters properly relating thereto.
[Approved March 31, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41.038 is hereby amended to read as follows:
41.038 1. The state and any political subdivision may:
[1.] (a) Insure itself against any liability arising under NRS 41.031.
[2.] (b) Insure any of its employees against tort liability resulting from an act or omission in the scope of his employment.
[3.] (c) Insure against the expense of defending a claim against itself whether or not liability exists on such claim.
2. Any school district may insure any peace officer, requested to attend any school function, against tort liability resulting from an act or omission in the scope of his employment while attending such function.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 273κ
Senate Bill No. 177Senator Fransway
CHAPTER 198
AN ACT relating to motor vehicle fuel taxes; increasing the legislative finding of the amount of fuel taxes paid for fuel used in watercraft; increasing the sum to be applied for the improvement of recreational boating facilities; and providing other matters properly relating thereto.
[Approved March 31, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 365.535 is hereby amended to read as follows:
365.535 1. The legislature finds as a fact that of the total amount of excise taxes paid annually on all motor vehicle fuel sold, distributed or used in this state not less than [$60,000] $100,000 represents the excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes. It is declared to be the policy of the State of Nevada to apply the motor vehicle fuel tax paid on fuel so used, which is hereby declared to be not refundable to the consumer, for the improvement of boating and other outdoor recreational facilities associated with boating and for the payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act).
2. Beginning with the fiscal year commencing July 1, [1965,] 1969, and in each fiscal year thereafter, the state treasurer shall, upon receipt of the tax moneys from the tax commission collected pursuant to the provisions of NRS 365.170 to 365.190, inclusive:
(a) Remit the sum of $30,000 to the state board of fish and game commissioners for deposit and use as provided in subsection 2 of NRS 501.255. All moneys so received by the state board of fish and game commissioners shall be expended only for the administration and enforcement of the provisions of chapter 488 of NRS.
(b) Deposit in the general fund in the state treasury to the credit of the division of state parks of the state department of conservation and natural resources the sum of [$30,000.] $70,000. All moneys so deposited to the credit of the division of state parks of the state department of conservation and natural resources shall be expended only as authorized by the legislature for the improvement of boating facilities and other outdoor recreational facilities associated with boating.
3. Remittances and deposits required to be made by the state treasurer pursuant to the provisions of subsection 2 may be made quarterly or oftener if convenient to the state treasurer.
________
κ1969 Statutes of Nevada, Page 274κ
Senate Bill No. 199Senator Hug
CHAPTER 199
AN ACT relating to school districts; establishing procedure for leasing or renting real property under a certain rental value; and providing other matters properly relating thereto.
[Approved March 31, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 393 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec 2. 1. When the board of trustees determines that the rental value of any real property belonging to the school district is $1,000 or less a year, the board of trustees may lease or rent such property for a year or less without obtaining a formal appraisal.
2. After determining the amount and the terms of the lease, the board of trustees shall in open meeting by a majority vote of the members adopt a resolution declaring its intention to lease the property. The resolution shall:
(a) Describe the real property proposed to be leased, and such description must be sufficiently clear to identify readily the property involved.
(b) Specify the rental price and the use for which the property is to be leased or rented. All leases and rentals shall be for cash.
(c) Fix a time, not less than 1 week after publication of notice, for a public meeting of the board of trustees to be held at its regular place of meeting, at which time lease or rental proposals will be heard and considered.
Sec. 3. Notice of the adoption of the resolution and the time and place of holding the meeting shall be given by publication of the resolution at least once in a newspaper of general circulation in the school district.
Sec. 4. 1. At the time and place fixed in the notice for the meeting required by section 2 of this act, the clerk of the board of trustees shall read the public notice.
2. The president of the board of trustees shall then ask for any:
(a) Protests to the proposed lease.
(b) Proposals from any individuals or associations interested in leasing the property. The board of trustees shall not consider any such proposal unless the amount of the rental is at least 5 percent greater than the amount specified in the original proposal and the notice.
3. After hearing any protests or additional proposals, the board of trustees shall determine whether to lease or rent such property, and if so, it shall accept the highest oral bid if such bid is made by a responsible person and meets the requirements of subsection 2.
Sec. 5. Any lease or rental agreement entered into pursuant to sections 2 to 4, inclusive, of this act may be renewed without a public hearing, for 3 years after the original agreement, subject to yearly review and adjustment, at the discretion of the board of trustees, of the amount of the rental and the terms of the lease or agreement. Any adjustment of the amount of the rental shall not be for an amount less than that provided in the original agreement unless the board of trustees determines that it is in the best interest of the school district.
κ1969 Statutes of Nevada, Page 275 (CHAPTER 199, SB 199)κ
the amount of the rental shall not be for an amount less than that provided in the original agreement unless the board of trustees determines that it is in the best interest of the school district.
Sec 6. All moneys received from the rental or lease of real property pursuant to sections 2 to 6, inclusive, of this act shall be deposited with the county treasurer of the county in which the school district is located and shall be credited to the school district building and site fund.
Sec. 7. NRS 393.220 is hereby amended to read as follows:
393.220 1. When the board of trustees of a school district determines that the sale, rental or lease of real property belonging to the school district is necessary or for the best interests of the school district, the board shall have the power to sell, rent or lease such real property, whether acquired by purchase, dedication or otherwise.
2. The provisions of subsection 1 shall not be construed to permit the sale, rental or lease of any real property in contravention of any condition in a gift or devise of real property to the school district.
Sec. 8. NRS 393.240 is hereby amended to read as follows:
393.240 1. When the board of trustees proposes to sell or lease any real property, except for the lease or rental of real property pursuant to sections 2 to 6, inclusive, of this act, the board shall appoint two appraisers. A third appraiser shall be appointed by the state department of education.
2. The appraisers shall make a report to the board of trustees of their findings and determinations of the cash market value of the property proposed to be sold, or the rental value of the property proposed to be leased.
3. No sale or lease of real property shall be made for less than the value fixed by the appraisers.
4. The compensation of the appraisers shall be fixed by the board of trustees, and shall be a legal charge against the school district fund.
Sec. 9. This act shall become effective upon passage and approval.
________
Senate Bill No. 254Committee on Judiciary
CHAPTER 200
AN ACT relating to sales of property of estates of deceased persons; providing a procedure for the postponement of a sale at public auction only; and providing other matters properly relating thereto.
[Approved March 31, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 148.230 is hereby amended to read as follows:
148.230 1. Sales at public auction must be made in the county in which the land lies, and if it lies in two or more counties, it may be sold in either. The sale must be made between the hours of 9 a.m. and the setting of the sun on the same day, and must be made on the day named in the notice of sale, unless the same is postponed.
κ1969 Statutes of Nevada, Page 276 (CHAPTER 200, SB 254)κ
2. If, at the time appointed for the sale, the executor or administrator deems it for the interest of all persons concerned therein that the same be postponed, he may postpone it from time to time, not exceeding in all 3 months. In case of a postponement, notice thereof must be given by a public declaration at the time and place first appointed for the sale.
Sec. 2. NRS 148.250 is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 394Senator Swobe
CHAPTER 201
AN ACT relating to small claims; providing for the acknowledgment of affidavits used in court.
[Approved March 31, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 73 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In all cases for the recovery of money under the provisions of this chapter any affidavit which is required or authorized by rules of court or the general provisions of law applicable to such proceedings may be acknowledged before and certified by:
1. Any justice of the peace with or before whom the matter is to be filed or is pending; or
2. Any notary public who has been appointed and commissioned by the governor and whose commission has not expired or been revoked.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 370Senator Dodge
CHAPTER 202
AN ACT creating a special fund account to provide financial relief to counties in the trial of certain criminal cases; and making an appropriation to such fund account.
[Approved March 31, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. There is hereby established in the state treasury a fund account to be known as the counties trial assistance fund account.
κ1969 Statutes of Nevada, Page 277 (CHAPTER 202, SB 370)κ
2. Claims may be made against such account by the board of county commissioners of any county as other claims against the state are made for jury fees, witness fees and necessary subsistence expenses attendant to any criminal trial which is begun after January 1, 1969, for a capital offense where:
(a) It is not established that the crime was actually committed in the county where the indictment was found or the information filed;
(b) The victim or victims of the crime were not residents of the county where the indictment was found or the information filed; and
(c) The trial is conducted in a county other than the county in which the indictment was found or the information filed.
Sec. 2. There is hereby appropriated from the general fund in the state treasury the sum of $50,000 to the counties trial assistance fund account.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 219Messrs. Lowman, Torvinen, Smith, Reid, Bryan, Branch, Close, McKissick, Swallow and Kean
CHAPTER 203
AN ACT relating to the unlawful exchange of narcotic drugs; permitting probation for a person under 21 years of age convicted of the first offense of supplying a narcotic drug.
[Approved March 31, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 453.210 is hereby amended to read as follows:
453.210 1. (a) Except as otherwise provided in subsections 2 [and 3] , 3 and 4 of this section, any person who violates any provision of NRS 453.010 to 453.240, inclusive, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.
(b) For a second offense, or if, in case of a first conviction of violation of any provision of NRS 453.010 to 453.240, inclusive, the offender shall previously have been convicted of any violation of the laws of the United States or of any state, territory or district relating to narcotic drugs or marihuana, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $2,000.
(c) For a third or subsequent offense, or if the offender shall previously have been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to narcotic drugs or marihuana, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000.
2. [Any] Except as provided in subsection 3, any person who is convicted of the illegal sale, exchange, barter, supplying or giving away of narcotic drugs or marihuana to a person who is:
κ1969 Statutes of Nevada, Page 278 (CHAPTER 203, AB 219)κ
convicted of the illegal sale, exchange, barter, supplying or giving away of narcotic drugs or marihuana to a person who is:
(a) Twenty-one years of age or older shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000. For a second or subsequent offense, such offender shall be punished by imprisonment in the state prison for life, without possibility of parole, and may be further punished by a fine of not more than $5,000.
(b) Under 21 years of age shall be punished by imprisonment in the state prison for life with possibility of parole and may be further punished by a fine of not more than $5,000. Eligibility for parole begins when a minimum of 7 years has been served. For a second or subsequent offense, such offender shall be punished by imprisonment in the state prison for life without possibility of parole.
3. Any person who is under 21 years of age and is convicted of an offense otherwise punishable under subsection 2 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years, with possibility of probation. For a second or subsequent conviction, any such person shall be punished as provided in subsection 2 for a second or subsequent offense and any term of imprisonment imposed shall be served without possibility of probation.
4. Any person who supplies narcotic drugs or marihuana to another person knowing that such other person intends illegally to sell, exchange, barter, supply or give away such drugs or marihuana, and such other person illegally sells, exchanges, barters, supplies or gives away such drugs or marihuana shall be punished by imprisonment in the state prison for life with possibility of parole and may be further punished by a fine of not more than $5,000. Eligibility for parole begins when a minimum of 7 years has been served. For a second or subsequent offense, such offender shall be punished by imprisonment in the state prison for life without possibility of parole.
[4.] 5. Any term of imprisonment imposed under the provisions of subsections 2 and [3] 4 shall be served without possibility of probation.
________
Assembly Bill No. 468Committee on Health and Welfare
CHAPTER 204
AN ACT relating to the financial responsibility of relatives of welfare recipients; authorizing the state welfare board to determine the amount responsible relatives should contribute.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 422.320 is hereby amended to read as follows:
422.320 Annually, the board shall prepare a relatives contribution scale establishing the amounts to be contributed by relatives responsible for contributing to the support of welfare recipients. Such scale shall be based upon the cost of living index for the state and shall take into consideration the net monthly income of each such relative and the number of persons dependent upon that income.
κ1969 Statutes of Nevada, Page 279 (CHAPTER 204, AB 468)κ
based upon the cost of living index for the state and shall take into consideration the net monthly income of each such relative and the number of persons dependent upon that income. In no case shall a relative be required to make contributions greater than the amount fixed by the relatives contribution scale. [set forth below:
RELATIVES CONTRIBUTION SCALE
Net monthly Maximum Required Monthly Contribution
income of Number of Persons Dependent Upon Income
responsible
relatives in
dollars
10
1 2 3 4 5 6 7 8 9 or over
Under $200.................... $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$200-249......................... 10 0 0 0 0 0 0 0 0 0
250-299........................... 15 0 0 0 0 0 0 0 0 0
300-349........................... 20 15 10 5 0 0 0 0 0 0
350-399........................... 25 20 15 10 5 0 0 0 0 0
400-449........................... 35 30 25 20 15 10 0 0 0 0
450-499........................... 45 40 35 30 25 20 15 10 0 0
500-549........................... 55 50 45 40 35 30 25 20 15 10
550-599........................... 65 60 55 50 45 40 35 30 25 20
600-649........................... 75 70 65 60 55 50 45 40 35 30
650-699........................... 85 80 75 70 65 60 55 50 45 40
700 and over.................. 85 80 75 70 65 60 55 50 45 40]
________
Assembly Bill No. 261Committee on Education
CHAPTER 205
AN ACT relating to the deaf, dumb and blind; permitting the superintendent of public instruction to be the determining authority in placing such persons for education and care at the states expense; changing nomenclature; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 395 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. Unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 3. Aurally handicapped person means a person who is legally deaf or mute.
Sec. 4. Legally deaf person means a person with a loss in hearing of 80 decibels or more.
Sec. 5. Mute person means a person who utters no speech or whose speech is such that it cannot be measured or evaluated by the use of approved medical practice.
κ1969 Statutes of Nevada, Page 280 (CHAPTER 205, AB 261)κ
speech is such that it cannot be measured or evaluated by the use of approved medical practice.
Sec. 6. Visually handicapped person means a 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°.
Sec. 7. NRS 395.010 is hereby amended to read as follows:
395.010 The superintendent of public instruction shall have the power:
1. To make arrangements with the governing body of any institution for the [deaf, dumb or blind] visually or aurally handicapped in any state having any such institution, for the admission, education and care of the [deaf, dumb or blind] visually or aurally handicapped of this state.
2. To expend moneys to provide for the support and care of any [deaf, dumb or blind] visually or aurally handicapped person in this state who meets the qualifications of NRS 395.020 by placing the [deaf, dumb or blind] visually or aurally handicapped person in a foster home or other residential facility in a county in this state having a program for the education of such persons as part of its educational structure, if the county of residence of such [deaf, dumb or blind] visually or aurally handicapped person does not have such a program.
3. To make all necessary contracts and agreements to carry out the provisions of this chapter.
Sec. 8. NRS 395.020 is hereby amended to read as follows:
395.020 A [deaf, dumb or blind] visually or aurally handicapped person shall be entitled to the benefits provided by this chapter if:
1. He is not mentally or physically incapacitated to receive education or instruction; and
2. He is free from offensive or contagious diseases; and
3. He is unable to pay for his support, education and instruction in an institution for the [deaf, dumb or blind;] visually or aurally handicapped; and
4. His parent, relative, guardian or nearest friend is unable to pay for his support, education and instruction in an institution for the [deaf, dumb or blind;] visually or aurally handicapped; and
5. He is a resident of the State of Nevada. No [deaf, dumb or blind] visually or aurally handicapped person over the age of 21 years shall be entitled to the benefits provided by this chapter unless he has been an actual, bona fide resident of the State of Nevada for a period of 5 years preceding the date of application for benefits.
Sec. 9. NRS 395.030 is hereby amended to read as follows:
395.030 1. A parent, relative, guardian or nearest friend of a [deaf, dumb or blind] visually or aurally handicapped person qualified to receive the benefits provided by this chapter may file an application for benefits under oath with the board of county commissioners of the county wherein the [deaf, dumb or blind] visually or aurally handicapped person is a resident. The application shall set forth:
(a) That by reason of [deafness, dumbness or blindness,] visual or aural handicap, the [deaf, dumb or blind] visually or aurally handicapped person is disqualified from being taught by the ordinary process of instruction or education; and
κ1969 Statutes of Nevada, Page 281 (CHAPTER 205, AB 261)κ
(b) That such parent, relative, guardian or nearest friend is unable to pay for such support, education and instruction in an institution for the [deaf, dumb or blind.] visually or aurally handicapped.
2. If the board of county commissioners is satisfied that the statements contained in the application are true, the board shall approve and transmit the application to the superintendent of public instruction, recommending that the [deaf, dumb or blind] visually or aurally handicapped person receive the benefits provided by this chapter.
Sec. 10. NRS 395.040 is hereby amended to read as follows:
395.040 1. Upon receipt and review of an application for benefits, the superintendent of public instruction shall make the necessary arrangements for the education and care of the [deaf, dumb or blind] visually or aurally handicapped person pursuant to the provision of subsection 1 or subsection 2 of NRS 395.010. Before making such arrangements the superintendent of public instruction may request further medical or physical evaluation to be made at the expense of the state.
2. The superintendent of public instruction shall obtain a certificate of approval from the state welfare administrator before any [deaf, dumb or blind] visually or aurally handicapped person may be placed in any home other than the home of a person related to the [deaf, dumb or blind] visually or aurally handicapped person in the third degree of consanguinity or closer.
3. The superintendent of public instruction shall have final authority regarding the placement of any visually or aurally handicapped person.
Sec. 11. NRS 395.050 is hereby amended to read as follows:
395.050 1. When arrangements for the education and care of the [deaf, dumb or blind] visually or aurally handicapped person have been completed by the superintendent of public instruction, he shall advise the board of county commissioners to make provision, at the expense of the county, for transporting the [deaf, dumb or blind] visually or aurally handicapped person to a place designated by the superintendent of public instruction. The superintendent of public instruction shall make necessary arrangements for transporting the [deaf, dumb or blind] visually or aurally handicapped person from such designated place to the institution, foster home or other residential facility at the expense of the state.
2. The cost and expenses of maintenance of the [deaf, dumb or blind] visually or aurally handicapped person shall be paid by the state.
________
Assembly Bill No. 260Committee on Education
CHAPTER 206
AN ACT relating to driver education in the public schools; changing the method of apportioning appropriated funds to school districts.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.033 is hereby amended to read as follows:
387.033 1. There is hereby created in the state treasury the automobile driver education fund for the purpose of assisting school districts in this state which establish and maintain automobile driver education classes pursuant to NRS 389.090.
κ1969 Statutes of Nevada, Page 282 (CHAPTER 206, AB 260)κ
this state which establish and maintain automobile driver education classes pursuant to NRS 389.090. Moneys for the automobile driver education fund shall be provided by direct legislative appropriation.
2. The state board of education is authorized to make semiannual apportionments, payable on or before February 1 and [August] July 1 of each year, from the automobile driver education fund to the several school districts. The semiannual apportionment made on or before February 1 shall be made on the basis of [80 percent of the amount derived by dividing the total appropriation for the fiscal year by the total number of estimated pupil completions in the state during the concurrent school year, which shall be estimated by the state department of education. The amount so determined shall be paid to each school district for each pupil successfully completing the driver education classes during the semester and summer session next preceding the date of apportionment. The semiannual apportionment made on or before August 1 shall be made on the basis of 100 percent of the amount derived by dividing the total appropriation for the preceding fiscal year by the total number of completions during the preceding school year. The amount so determined, minus the amount paid at the February 1 apportionment, shall then be paid to each school district for each pupil successfully completing the driver education classes during the preceding school year.
3. When a school district initiates an automobile driver education program, the first apportionment, based on 75 percent of the estimated number of pupils who will successfully complete the course, shall be paid at the beginning of the program. An adjustment shall be made at the end of the semester or semester and summer session based upon the actual number of pupils completing the course.] $15 times the number of estimated pupil completions in the district during the current school year, which shall be estimated by the state department of education. The semiannual apportionment made on or before July 1 shall be made on the basis of $30 times the actual number of pupil completions in the district during the current year, less any amount previously apportioned to the district for estimated pupil completions during the current school year.
3. If the automobile driver education fund does not provide sufficient moneys to make full current school year apportionments, so determined under subsection 2, apportionment payments to the various school districts shall be prorated so that each school district is apportioned the same amount per pupil completion, such amount to be derived by dividing the total appropriation to such fund by the total number of completions during the current school year.
4. Moneys received by school districts from the automobile driver education fund shall not be expended for the purchase or repair of motor vehicles or the purchase or repair of automobile driver education training equipment.
Sec. 2. NRS 389.100 is hereby amended to read as follows:
389.100 1. The legislature finds as facts:
(a) That the successful completion of an approved automobile driver education course by a pupil offers a direct financial benefit to his parents or other responsible adult through the reduction of insurance premiums.
(b) That the imposition of a fee, not in excess of the actual cost of providing the special equipment required, as a prerequisite to an elective course in driver education, does not violate the requirements of article 11 of the constitution of the State of Nevada.
κ1969 Statutes of Nevada, Page 283 (CHAPTER 206, AB 260)κ
course in driver education, does not violate the requirements of article 11 of the constitution of the State of Nevada.
2. [Upon receipt of the estimate provided in subsection 3 of NRS 387.033, the] The board of trustees of any school district is authorized to establish a laboratory fee to be charged each pupil enrolling for an automobile driver education course, which shall not exceed the difference per pupil between the actual cost of providing the course and the amount anticipated under [subsection 2 of] NRS 387.033, or $30, whichever is less.
________
Assembly Bill No. 211Messrs. Lowman, Torvinen, Smith, Reid, Bryan, Branch, Close, McKissick, Swallow and Kean
CHAPTER 207
AN ACT relating to dangerous drugs; providing that the burden of proving exceptions or exemptions in actions relating to violations of dangerous drug laws is upon the defendant; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 454 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In any complaint, information or indictment and in any action or proceeding brought for the enforcement of any provision of NRS 454.180 to 454.530, inclusive, it shall not be necessary to negative any exception, excuse, proviso or exemption contained in NRS 454.180 to 454.450, inclusive, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
________
Assembly Bill No. 117Mr. Lowman
CHAPTER 208
AN ACT relating to witnesses; specifying times when one spouse may testify against the other; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 48.040 is hereby amended to read as follows:
48.040 A husband cannot be examined as a witness for or against his wife without her consent, nor a wife for or against her husband without his consent; nor can either, during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other during marriage [. But this exception shall not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other.]
κ1969 Statutes of Nevada, Page 284 (CHAPTER 208, AB 117)κ
criminal action or proceeding for a crime committed by one against the other.] , except in a:
1. Civil proceeding brought by or on behalf of one spouse against the other spouse;
2. Proceeding to commit or otherwise place his spouse, the property of his spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse;
3. Proceeding brought by or on behalf of a spouse to establish his competence;
4. Proceeding in the juvenile court pursuant to chapter 62 of NRS; or
5. Criminal proceeding in which one spouse is charged with:
(a) A crime against the person or the property of the other spouse or of a child of either, whether such crime was committed before or during marriage.
(b) Bigamy or adultery.
(c) A crime related to abandonment of a child or nonsupport of a wife or child.
Sec. 2. NRS 48.050 is hereby amended to read as follows:
48.050 When a husband or wife is insane, and has been so declared by a [commission of lunacy, or in due form of law,] court of competent jurisdiction, the other shall be a competent witness to testify as to any fact which transpired before or during such insanity, but the privilege of so testifying shall cease [on the restoration to soundness of mind of the insane husband or wife, unless upon the consent of both, in which case they shall be competent witnesses.] when the party declared insane has been found by a court of competent jurisdiction to be of sound mind, and the husband and wife shall then have the testimonial limitations and privileges provided in NRS 48.040.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 206Messrs. Lowman, Torvinen, Smith, Branch, Close, McKissick, Swallow and Kean
CHAPTER 209
AN ACT relating to narcotic drugs; prohibiting the use of such drugs except by prescription; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section which shall read as follows:
It is unlawful for any person knowingly to use or be under the influence of a narcotic drug except in accordance with a prescription issued to such person by a physician, chiropodist or dentist.
________
κ1969 Statutes of Nevada, Page 285κ
Assembly Bill No. 218Messrs. Lowman, Torvinen, Smith, Branch, Close, McKissick, Swallow and Kean
CHAPTER 210
AN ACT relating to dangerous and hallucinogenic drugs; prohibiting the fraudulent obtaining of or attempting to obtain such drugs; excluding information given to obtain dangerous or hallucinogenic drugs unlawfully from the status of a privileged communication; providing penalties; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 454 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is unlawful for any person to obtain or attempt to obtain a dangerous or hallucinogenic drug, or procure or attempt to procure the administration of a dangerous or hallucinogenic drug:
(a) By fraud, deceit, misrepresentation or subterfuge;
(b) By the forgery or alteration of a prescription or of any written order;
(c) By the concealment of a material fact; or
(d) By the use of a false name or the giving of a false address.
2. Information communicated to a physician in an effort unlawfully to procure a dangerous or hallucinogenic drug, or unlawfully to procure the administration of any such drug, shall not be deemed a privileged communication.
3. It is unlawful for any person to make a false statement in any prescription, order, report or record required by NRS 454.180 to 454.460, inclusive.
4. It is unlawful, for the purpose of obtaining a dangerous or hallucinogenic drug, for any person falsely to assume the title of, or represent himself to be, a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian or other authorized person.
5. It is unlawful to affix any false or forged label to a package or receptacle containing dangerous or hallucinogenic drugs.
________
Assembly Bill No. 195Messrs. Torvinen, McKissick and Hilbrecht
CHAPTER 211
AN ACT relating to the survival of personal injury actions; prohibiting certain practices of insurers; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41.100 is hereby amended to read as follows:
41.100 1. Causes of action, whether suit has been brought upon the same or not, in favor of the injured party for personal injuries other than those resulting in death, whether such injuries be to the health or to the reputation or to the person of the injured party, shall not abate by reason of his death nor by reason of the death of the person against whom such cause of action shall have accrued; but in the case of the death of either or both, such cause of action shall survive to and in favor of the heirs and legal representatives of such injured party and against the person, receiver or corporation liable for such injuries, and his or its legal representatives; and so surviving such cause of action may be hereafter prosecuted in like manner and with like legal effect as would a cause of action for injuries to or destruction of personal property.
κ1969 Statutes of Nevada, Page 286 (CHAPTER 211, AB 195)κ
those resulting in death, whether such injuries be to the health or to the reputation or to the person of the injured party, shall not abate by reason of his death nor by reason of the death of the person against whom such cause of action shall have accrued; but in the case of the death of either or both, such cause of action shall survive to and in favor of the heirs and legal representatives of such injured party and against the person, receiver or corporation liable for such injuries, and his or its legal representatives; and so surviving such cause of action may be hereafter prosecuted in like manner and with like legal effect as would a cause of action for injuries to or destruction of personal property.
2. The court or jury in every such action may give such damages, pecuniary and exemplary, as it shall deem fair and just. Every person entitled to maintain such action, and every person for whose benefit such action is brought, may prove his respective damages, and the court or jury may award such person that amount of damages to which it considers such person entitled, including damages for loss of probable future companionship, society and comfort.
3. Nothing in this section shall be construed to make such causes of action assignable [.] , nor may an insurer obtain a trust or loan receipt from an insured prior to making medical payments to the insured under an insurance policy.
4. The provisions of this section shall not prevent subrogation suits under the terms and conditions of an uninsured motorists provision of an insurance policy.
Sec. 2. Chapter 686 of NRS is hereby amended by adding thereto a new section which shall read as follows:
An insurer shall not accept an assignment of a cause of action for personal injuries and shall not obtain a trust or loan receipt from an insured prior to making medical payments to the insured under any insurance policy.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 216Committee on State Institutions
CHAPTER 212
AN ACT relating to the Nevada girls training center; permitting the center to retain inmates until they are 20 years of age; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 210.400 is hereby amended to read as follows:
210.400 As used in NRS 210.400 to 210.720, inclusive, [:] and section 2 of this act:
1. Board means the Nevada girls training center advisory board.
2. Director means the director of the department of health, welfare and rehabilitation.
κ1969 Statutes of Nevada, Page 287 (CHAPTER 212, SB 216)κ
3. School means the Nevada girls training center.
4. Superintendent means the superintendent of the school.
Sec. 2. Chapter 210 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Inmates may be discharged from the school upon reaching the age of 18 years and shall be discharged upon reaching the age of 20 years.
________
Senate Bill No. 75Senator Pozzi
CHAPTER 213
AN ACT relating to Carson City; consolidating Ormsby County and Carson City into one municipal government to be known as Carson City; providing a charter therefor; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Ormsby County and Carson City are hereby consolidated into one municipal government to be known as Carson City.
Sec. 2. The charter of Carson City is as follows. Each section of the charter shall be deemed to be a section of this act for the purpose of any subsequent amendment.
ARTICLE 1
Incorporation of City; General Powers; Boundaries, Districts, Wards and Annexations
Section 1.010 Preamble: Legislative intent.
1. In order to provide for the orderly government of Carson City and the general welfare of its citizens and to effect the consolidation of the governments and functions of Carson City and Ormsby County, the legislature hereby establishes this charter for the government of Carson City. It is expressly declared as the intent of the legislature that all provisions of this charter be liberally construed to carry out the expressed purposes of the charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out purposes of the charter.
2. Any powers expressly granted by this charter are in addition to any powers granted to a city or county by the general law of this state and all such powers may by reasonable classification be exercised in either the urban district or the Ormsby district, or both, as such districts are defined in section 1.050. All provisions of Nevada Revised Statutes which are applicable to counties or generally to cities (not including chapter 265, 266 or 267 of NRS) or to both and which are not in conflict with the provisions of this charter apply to Carson City. If there is a conflict between the law pertaining to counties and the law pertaining to cities, the board of supervisors may, by resolution choose which law shall apply.
κ1969 Statutes of Nevada, Page 288 (CHAPTER 213, SB 75)κ
Sec. 1.020 Creation of consolidated municipality. All persons who are inhabitants of that portion of the State of Nevada embraced within the limits set forth in section 1.030 shall be and constitute a body politic and corporate by the name and style of Carson City, and by that name and style they and their successors shall be known in law, have perpetual succession and sue and be sued in all courts.
Sec. 1.030 Description of territory. The territory embraced in Carson City is that certain land situate in the State of Nevada, described as follows: Beginning at the northwest corner of Douglas County, Nevada, at a point on the common boundary between the State of Nevada and the State of California; thence due east to the shoreline of Lake Tahoe; thence easterly along the south boundaries of a portion of Section 33, all of 34, 35 and 36, T. 15 N., R. 18 E., M.D.B. & M.; thence continuing easterly along the south boundaries of Sections 31, 32, 33, 34, 35 and 36, T. 15 N., R. 19 E., to the southwest corner of Section 31, T. 15 N., R. 20 E.; thence continuing easterly along the south boundary of Section 31 to the east 1/16 corner common to Section 31 and Section 6, T. 14 N., R. 20 E.; thence southerly along the north-south centerline of the NE 1/4 of Section 6, a distance of 300 feet, more or less, to the center north-north-northeast 1/256 corner of Section 6; thence easterly along the east-west centerline NW 1/4 of the NE 1/4 of the NE 1/4 of Section 6, a distance of 660 feet, more or less to the center north-northeast-northeast 1/256 corner of Section 6; thence northerly along the north-south center-line of the NE 1/4 of the NE 1/4 of Section 6, a distance of 300 feet, more or less, to the east-east 1/64 corner common to Section 6, T. 14 N., R. 20 E., and Section 31, T. 15 N., R. 20 E.; thence easterly along the south boundary of Section 31 to its southwest corner; thence continuing easterly along the south boundary of Section 32, T. 15 N., R. 20 E., to the one-quarter corner common to Section 32 and Section 5, T. 14 N., R. 20 E.; thence southerly along the north-south one-quarter section line of Section 5 to the one-quarter corner common to Section 5 and Section 8, T. 14 N., R. 20 E.; thence easterly along the boundary common to Sections 5 and 8 to the northeast corner of Section 8; thence southerly along the boundary common to Section 8 and Section 9, T. 14 N., R. 20 E., to the southeast corner of Section 8; thence easterly along the south boundaries of Sections 9, 10, 11 and 12, T. 14 N., R. 20 E.; thence continuing easterly along the south boundaries of Sections 7, 8, 9, 10, 11 and 12, T. 14 N., R. 21 E.; thence easterly along the south boundary of Section 7, T. 14 N., R. 22 E. to a point on the centerline of Eldorado Canyon and from which point the southeast corner of Section 7 bears S. 89°51′ E. a distance of 1,386 feet; thence down the center of Eldorado Canyon to a point thereon due east of Brown & Companys dam on the Carson River; thence in a westerly direction, crossing the Carson River at the dam; thence to the Half Way House, between Carson and Silver City; thence northwesterly to the summit of the mountains east of Washoe Lake; thence southwesterly to the corner common to sections 14, 15, 22 and 23, T. 16 N., R. 20 E.; thence westerly along the common boundaries between sections 15 and 22 and between 16 and 21, T. 16 N., R. 20 E. to the corner common to sections 16, 17, 20 and 21, T. 16 N., R. 20 E.; thence southerly along the common boundary between sections 20 and 21 to the corner common to sections 20, 21, 28 and 29, T. 16 N.,
κ1969 Statutes of Nevada, Page 289 (CHAPTER 213, SB 75)κ
N., R. 20 E.; thence westerly along the common boundary between sections 20 and 29 to the corner common to sections 19, 20, 29 and 30, T. 16 N., R. 20 E.; thence southerly along the common boundary between sections 29 and 30 to the corner common to sections 29, 30, 31 and 32, T. 16 N., R. 20 E.; thence westerly along the common boundary between sections 30 and 31, T. 16 N., R. 20 E. and sections 25 and 36, T. 16 N., R. 19 E., to the 1/4 corner common to sections 25 and 36; thence southerly along the north-south 1/4 section line of section 36 to the center of section 36; thence westerly along the east-west 1/4 section line of sections 36 and 35, T. 16 N., R. 19 E. to the 1/4 corner common to sections 34 and 35, T. 16 N., R. 19 E.; thence southerly along the common boundary between sections 34 and 35 to the southeast corner of section 34; thence westerly along the common boundary between section 34, T. 16 N., R. 19 E., and section 3, T. 15 N., R. 19 E., to the northwest corner of section 3; thence southerly along the common boundary between sections 3 and 4, T. 15 N., R. 19 E., to the 1/4 corner common to sections 3 and 4; thence westerly along the east-west 1/4 section line of section 4 to the center of section 4; thence southerly along the north-south 1/4 section line of section 4 to the 1/4 corner common to sections 4 and 9, T. 15 N., R. 19 E.; thence westerly along the common boundary between sections 4 and 9 to the corner common to sections 4, 5, 8 and 9, T. 15 N., R. 19 E.; thence southerly along the common boundary between sections 8 and 9 to the corner common to sections 8, 9, 16 and 17, T. 15 N., R. 19 E.; thence westerly along the common boundary between sections 8 and 17 to the corner common to sections 7, 8, 17 and 18, T. 15 N., R. 19 E.; thence southerly along the common boundary between sections 17 and 18 to the north 1/64th corner common to sections 17 and 18, T. 15 N., R. 19 E.; thence westerly along the north boundary of the S 1/2 S 1/2 N 1/2 of section 18 to the north 1/64th corner common to sections 18, T. 15 N., R. 19 E. and 13, T. 15 N., R. 18 E.; thence continuing westerly along the north boundary of the S 1/2 S 1/2 N 1/2 of sections 13, 14, 15, 16, 17 and a portion of 18, T. 15 N., R. 18 E., to the Nevada-California state line; thence south along the California line to the place of beginning.
Sec. 1.040 Seal; property; eminent domain; gifts. Carson City may:
1. Have and use a common seal, which it may alter at pleasure.
2. Purchase, receive, hold and enjoy personal and real property wherever situated.
3. Sell, convey and dispose of such personal and real property for the common benefit.
4. Determine and declare what are public uses when the necessity exists of condemning lands.
5. Receive bequests, devises, gifts and donations of all kinds of property, wherever situated, in fee simple or in trust for charitable or other purposes and do any acts and things necessary to carry out the purposes of such bequests, devises, gifts and donations, with full power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of such bequest, gift or trust.
Sec. 1.050 Taxing districts: Creation; boundaries; annexation. Carson City is divided into two taxing districts as follows:
1. The urban district consists of that territory particularly described as follows: Beginning at the section corner common to Sections 5, 6, 7 and 8, T.
κ1969 Statutes of Nevada, Page 290 (CHAPTER 213, SB 75)κ
as follows: Beginning at the section corner common to Sections 5, 6, 7 and 8, T. 15 N., R. 20 E., M.D.B. & M.; thence northerly along the common boundary between Sections 5 and 6 a distance of one-quarter of a mile, more or less, to the south 1/16 corner common to Sections 5 and 6; thence easterly along the south 1/16 line of Section 5 a distance of one-half mile, more or less, to the south 1/16 corner of Section 5; thence southerly along the north-south one-quarter section line of Section 5 a distance of one-quarter of a mile, more or less, to the one-quarter corner common to Sections 5 and 8; thence continuing southerly along the north-south one-quarter section line of Section 8 a distance of one-half mile, more or less, to the center one-quarter corner of Section 8; thence easterly along the east-west one-quarter section line of Section 8 a distance of one-half mile, more or less, to the one-quarter corner common to Sections 8 and 9; thence continuing easterly along the east-west one-quarter section line of Section 9 a distance of one-quarter mile, more or less, to the west 1/16 corner of Section 9; thence continuing easterly along the east-west one-quarter section line of Section 9 a distance of 439.76 feet; thence S. 0°06′52″ W. 2,010.39 feet to a point on the northerly right-of-way boundary of U.S. Highway 50; thence S. 71°36′00″ W. along the northerly boundary of U.S. Highway 50 a distance of 1,855.69 feet to a point on the west boundary of Section 9; thence S. 0°06′45″ E. along the west boundary of Section 9, a distance of 46.90 feet to the corner common to Sections 8, 9, 16 and 17; thence southerly along the common boundary between Sections 16 and 17 a distance of 2,569.65 feet to the southeast corner of the Carson City Annexation Plat No. 231, Ormsby County Official Records; thence N. 89°59′01″ W. a distance of 556.7 feet to the northeast corner of Carson City Annexation Plat No. 194, Ormsby County Official Records; thence S. 0°03′57″ W. along the east boundary of such City Annexation a distance of 1,317.5 feet to a point on the south right-of-way boundary of E. 5th Street (Prison Road); thence easterly along the south boundary of E. 5th Street (Prison Road) a distance of 379 feet to the northeast corner of the Monson-Larsen Subdivision, Plat No. 96, Ormsby County Official Records; thence S. 0°09′30″ E. along the east boundary of the Monson-Larsen Subdivision a distance of 67 feet, more or less, to the south 1/16 line of section 17; thence easterly along the south 1/16 line of Section 17 a distance of 183 feet to the south 1/16 corner common to Sections 16 and 17; thence S. 0°06′45″ E. along the common boundary between Sections 16 and 17 a distance of 1,318.35 feet to the corner common to Sections 16, 17, 20 and 21; thence westerly along the common boundary between Sections 17 and 20 a distance of one-half mile, more or less, to the one-quarter corner common to Sections 17 and 20; thence southerly along the north-south one-quarter section line of Section 20 for one-quarter mile, more or less, to the north 1/16 corner of Section 20; thence easterly along the north 1/16 line of Section 20 a distance of one-quarter mile, more or less, to the northeast 1/16 corner of Section 20; thence southerly along the east 1/16 line of Section 20 a distance of one-eighth mile, more or less, to the southeast corner of the northeast quarter of the southwest quarter of the northeast quarter of Section 20; thence westerly along the south boundary of the north one-half of the southwest quarter of the northeast quarter of Section 20 a distance of one-quarter mile, more or less, to the southwest corner of the northwest quarter of the southwest quarter of the northeast quarter of Section 20; thence continuing westerly along the south boundary of the north one-half of the southeast quarter of the northwest quarter of Section 20 a distance of one-quarter mile, more or less, to the southwest corner of the northwest quarter of the southeast quarter of the north-west quarter of Section 20; thence southerly along the west 1/16 line of Section 20 a distance of 99 feet; thence N.
κ1969 Statutes of Nevada, Page 291 (CHAPTER 213, SB 75)κ
distance of one-quarter mile, more or less, to the southwest corner of the northwest quarter of the southwest quarter of the northeast quarter of Section 20; thence continuing westerly along the south boundary of the north one-half of the southeast quarter of the northwest quarter of Section 20 a distance of one-quarter mile, more or less, to the southwest corner of the northwest quarter of the southeast quarter of the north-west quarter of Section 20; thence southerly along the west 1/16 line of Section 20 a distance of 99 feet; thence N. 89°50′40" W. a distance of 111.27 feet; thence S. 10°45′00" W. 570.90 feet to a point on the east-west one-quarter section line of Section 20; thence westerly along the east-west one-quarter section line of Section 20 1,107 feet, more or less, to the one-quarter corner common to Sections 19 and 20; thence northerly along the common boundary between Sections 19 and 20 for a distance of one-quarter mile, more or less, to the north 1/16 corner common to Sections 19 and 20; thence continuing northerly along the common boundary between Sections 19 and 20 a distance of 290.32 feet; thence from a tangent which bears N. 50°20′48" W. along a circular curve to the right having a radius of 725 feet, and a central angle of 50°30′58″, for an arc distance of 639.21 feet; thence N. 0°10′10" E. 226.64 feet to a point on the centerline of South Thompson Street at its intersection with the centerline of 12th Street; thence continuing northerly along the centerline of South Thompson Street a distance of 83 feet, more or less, to the southeast corner of the City Annexation Plat No. 236, Ormsby County Official Records; thence S. 89°49′00" W. along the south boundary of Beverly Glen Subdivision a distance of 689.9 feet to the southwest corner of Beverly Glen Subdivision; thence N. 0°25′13" E. along the west boundary of Beverly Glen Subdivision a distance of 49.50 feet to the southeast corner of the Sharrow Subdivision; thence N. 89°39′03" W. along the south boundary of the Sharrow Subdivision a distance of 178.47 feet to the southwest corner of Sharrow Subdivision, the same being the southeast corner of the Foothill Terrace Subdivision; thence S. 89°37′20" W. along the south boundary of the Foothill Terrace Subdivision a distance of 180.18 feet; thence N. 0°22′40″ W. along a west boundary of the Foothill Terrace Subdivision a distance of 110.00 feet to the east 1/16 corner common to Sections 18 and 19; thence westerly along the common boundary between Sections 18 and 19 a distance of 1,321.7 feet to the quarter-section corner common to Sections 18 and 19; thence continuing westerly along the boundary common to Sections 18 and 19 a distance of 331.17 feet to the southwest corner of the east half of the southeast quarter of the southeast quarter of the south-west quarter of Section 18; thence N. 0°09′00" W. along the west boundary of the east half of the southeast quarter of the southeast quarter of the southwest quarter of Section 18 a distance of 660.00 feet, more or less, to the northwest corner of the east half of the southeast quarter of the southeast quarter of the southwest quarter of Section 18; thence N. 89°51′00" E. along the north boundary of the east half of the south-east quarter of the southeast quarter of the southwest quarter of Section 18 a distance of 331.17 feet to the northeast corner of the southeast quarter of the southeast quarter of the southwest quarter of Section 18; thence northerly along the north-south quarter-section line of Section 18 and the west boundary of Carson Highlands, Unit No. 2-Subdivision, a distance of 341.71 feet; thence N.
κ1969 Statutes of Nevada, Page 292 (CHAPTER 213, SB 75)κ
distance of 341.71 feet; thence N. 36°45′00″ E. along the westerly boundaries of Carson Highlands Subdivision Unit 2 and Unit No. 1 a distance of 173.39 feet; thence N. 0°22′40″ W. 433.16 feet to the north-west corner of such subdivision, being a point on the south boundary of Kings Manor Subdivision Unit No. 4; thence N. 89°45′55″ W. along the south boundary of Kings Manor Subdivision Unit No. 4 a distance of 109.63 feet to the southwest corner of such subdivision; thence N. 0°21′30″ E. along the west boundary of such subdivision a distance of 178.58 feet to the northwest corner of such subdivision and being a point on the south boundary of the City Annexation Map No. 260, Ormsby County Official Records; thence along the boundaries of such annexation as follows: N. 89°38′30″ W. 94.84 feet; thence N. 47°50′10″ W. 208.29 feet; thence N. 45°00′ E. 100.00 feet; thence N. 0°21′30″ E. 400 feet to the northwest corner of City Annexation Map No. 260; thence continuing N. 0°21′30″ E. across King Street a distance of 75 feet to a point on the north boundary of King Street; thence N. 89°38′30″ W. along the north boundary of King Street a distance of 43.4 feet to the northwest corner of City Annexation Map No. 39, being a point 10.00 feet easterly of the centerline of West Ormsby Boulevard, as established in 1967; thence N. 0°21′25″ E. along the west boundary of City Annexation Map No. 39 a distance of 303.1 feet; thence N. 89°39′42″ W. 50 feet to a point on the west boundary of West Ormsby Boulevard, such point being the southeast corner of the City Annexation Map No. 298, Ormsby County Official Records; thence along the boundaries of Annexation Map No. 298 as follows: N. 89°38′50″ W. 248.00 feet; thence N. 0°21′30″ E. 10.14 feet; thence N. 84°58′48″ W. 170.78 feet; thence N. 01°18′40″ E. 327.43 feet; thence S. 89°38′50″ E. 412.76 feet to the northeast corner of City Annexation Map No. 298, being a point on the west boundary of West Ormsby Boulevard; thence S. 89°39′42″ E. across West Ormsby Boulevard a distance of 50 feet to a point 10 feet easterly of the centerline of West Ormsby Boulevard and being the northwest corner of City Annexation Map No. 39; thence S. 89°38′35″ E. along the north boundary of such Annexation Map 1,083 feet, more or less, to the southwest corner of Winters Ranch Homes Subdivision Section No. 1, Map No. 158, Ormsby County Official Records; thence along the westerly boundary of such subdivision Map No. 158, N. 14°44′30″ W. 217.09 feet; thence N. 0°21′30″ E. 494.17 feet; thence N. 56°37″ W. 119.27 feet; thence N. 0°21′30″ E. 197.76 feet to the northwest corner of such subdivision; thence N. 0°53′13″ E. 79 feet to a point on the north right-of-way boundary of Washington Street (F.A.S. Route No. S648), at State Highway Engineers Sta. 0 29 + 92.08 P.O.T. and being a point on the south boundary of City Annexation Map No.s 252 and 252A, Ormsby County Official Records; thence along the boundaries of such annexation as follows: N. 89°06′47″ W. 1,178.94 to a point of curve; thence along a circular curve to the right having a radius of 160 feet and a central angle of 90°18′30″, an arc distance of 252.19 feet to a point of tangency; thence N. 01°11′43″ E. 219.55 feet; thence S. 88°52′50″ E. 858.71 feet; thence N. 0°49′13″ E. 426.93 feet; thence S. 88°31′48″ E. 533.15 feet to the northeast corner of such annexation map; thence continuing S. 88°31′48″ E. 298.1 feet to the northwest corner of North Sunset Subdivision Map No.s 161 and 165, Ormsby County Official Records; thence S.
κ1969 Statutes of Nevada, Page 293 (CHAPTER 213, SB 75)κ
County Official Records; thence S. 89°35′53″ E. along the north boundary of North Sunset Subdivision a distance of 270 feet to the northeast corner of such subdivision, and being a point on the west boundary of City Annexation Map No. 154, Ormsby County Official Records; thence N. 01°01′17″ E. along the west boundary of such annexation a distance of 377.00 feet, more or less, to the northwest corner of such annexation; thence S. 89°40′05″ W. a calculated distance of 2.78 feet to the south-west corner of the southeast quarter of the southeast quarter of Section 7; thence northerly along the west boundary of the southeast quarter of the southeast quarter of Section 7 a distance of one-quarter mile, more or less, to the northwest corner of the southeast quarter of the southeast quarter of Section 7; thence N. 0°04′38″ E. a calculated distance of 16 feet, more or less, to a point on the south boundary of City Annexation Map No. 216, Ormsby County Official Records; thence along the boundaries of such annexation as follows: N. 89°55′22″ W. a distance of 8 feet, more or less; thence N. 0°01′31″ E. 1,303.74 feet to the north-west corner of such annexation; thence N. 89°52′25″ E. a calculated distance of 11.3 feet to the east 1/16 corner of Section 7; thence N. 0°06′36″ E. crossing Winnies Lane a distance of 41.74 feet to the south-east corner of the El Rancho Subdivision Map No. 193, Ormsby County Official Records; thence along the boundaries of such subdivision S. 89°48′17″ W. a distance of 330.00 feet; thence N. 0°13′55″ W. a distance of 636.41 feet; thence N. 89°42′31″ E. a distance of 330.00 feet to the northeast corner of El Rancho Subdivision, being a point on the east 1/16 line of Section 7; thence N. 0°06′36″ E. along the east 1/16 line of Section 7 a distance of 1,943 feet, more or less, to the northwest corner of the northeast quarter of the northeast quarter of Section 7; thence N. 89°48′03″ E. along the common boundary between Sections 6 and 7 a distance of one-quarter mile, more or less, to the section corner common to Sections 5, 6, 7 and 8, being the point of beginning.
2. The Ormsby district consists of that portion of Carson City not included in the urban district.
3. The board of supervisors may transfer territory:
(a) From the Ormsby district to the urban district by following the procedure provided for the annexation of territory to cities; or
(b) From the urban district to the Ormsby district by following the procedure provided for the detachment of territory from cities,
in those sections of chapter 268 of NRS which apply to counties having a population of less than 120,000. For this purpose, the board of supervisors is vested with the powers and charged with the duties of a city annexation commission.
Sec. 1.060 Wards: Creation; boundaries.
1. Carson City shall be divided into four wards, which shall be as nearly equal in population as can be conveniently provided, and the territory comprising each ward shall be contiguous.
2. The boundaries of wards shall be established and changed by ordinance passed by a vote of at least three-fifths of the board of supervisors. The boundaries of wards may be changed whenever the number of electors registered at the time of any municipal election in any ward exceeds the number of electors registered in any other ward by more than 15 percent.
κ1969 Statutes of Nevada, Page 294 (CHAPTER 213, SB 75)κ
Sec. 1.070 Corporate powers: Board of supervisors. The corporate powers of Carson City are vested in the board of supervisors.
ARTICLE 2
Legislative Department
Sec. 2.010 Board of supervisors: Qualifications; election; term of office; salary.
1. The legislative power of Carson City is vested in a board of supervisors consisting of five supervisors, including the mayor.
2. The mayor shall be:
(a) An actual and bona fide resident of Carson City for at least 6 months prior to his election.
(b) A registered voter within Carson City and a taxpayer on real property located within Carson City.
3. Each supervisor shall be:
(a) An actual and bona fide resident of Carson City for at least 6 months prior to his election.
(b) A registered voter within the ward which he represents and a taxpayer on real property located within Carson City.
(c) A resident of the ward which he represents, except that changes effected in ward boundaries pursuant to the provisions of section 1.060 shall not affect the right of any elected supervisor to continue in office for the term for which he was elected.
4. All supervisors, including the mayor, shall be voted upon by the registered voters of Carson City at large and shall serve for terms of 4 years.
5. The supervisors, excluding the mayor, are each entitled to receive an initial salary of $3,000 per year. The board of supervisors may set the annual salary of the supervisors by ordinance at not less than $2,400 nor more than $3,000.
Sec. 2.020 Definitions.
1. Whenever used throughout this charter, board means the board of supervisors of Carson City, unless the context clearly indicates otherwise.
2. Whenever used throughout this charter, supervisor means a member of the board of supervisors of Carson City, unless the context clearly indicates otherwise.
Sec. 2.030 Board of supervisors: Vacancies.
1. A vacancy in the office of supervisor shall be filled by appointment by a majority of the remaining members of the board within 30 days after the occurrence of such vacancy or after three regular or special meetings, whichever is the shorter period of time. The appointee shall have the qualifications required by section 2.010.
2. No such appointment shall extend beyond the 1st Monday in January after the next general election, at which election a new supervisor shall be elected to fill the unexpired term.
Sec. 2.040 Meetings: Time and place; rules. The board may:
1. Fix the place of its meetings and the time for calling the same to order, and judge the qualifications and election of its own members.
κ1969 Statutes of Nevada, Page 295 (CHAPTER 213, SB 75)κ
2. Adopt rules for the government of its members and proceedings.
Sec. 2.050 Meetings: Quorum.
1. The board shall hold at least two regular meetings each month and by ordinance may provide for the holding of additional regular meetings.
2. Special meetings may be held on call of the mayor or by a majority of the board, by giving a minimum of 6 hours notice of such special meeting to each member of the board prior to the meeting. No contract involving the expenditure of money may be made or claim allowed at a special meeting unless notice of the meeting called to consider such action is published in a newspaper within Carson City at least 1 day before such meeting, and no business may be transacted at a special meeting except such as has been stated in the call of the meeting, and no ordinance may be passed at a special meeting except an emergency ordinance.
3. A majority of all members of the board constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.
4. Except as otherwise provided by law the sessions and all proceedings of the board shall be public.
Sec. 2.060 Journal. The board shall keep a journal of all its proceedings, and upon:
1. Call of any supervisor, shall cause the yeas and nays to be taken and entered upon the journal upon any question before it.
2. Passage of all ordinances and the adoption of resolutions, the clerk shall enter the results of the vote in the journal.
Sec. 2.070 Oaths and affirmations. The mayor and the clerk may administer oaths and affirmations relating to any business pertaining to Carson City before the board or to be considered by the board.
Sec. 2.080 Board of supervisors: Discipline of members, other persons; subpena power.
1. The board may:
(a) Provide for the punishment of any member for disorderly conduct committed in its presence.
(b) Order the attendance of witnesses and the production of all papers relating to any business before the board.
2. If any person ordered to appear before the board fails to obey such order:
(a) The board or any member of the board may apply to the clerk of the district court for a subpena commanding the attendance of the person before the board.
(b) Such clerk may issue the subpena, and any peace officer may serve it.
(c) If the person upon whom the subpena is served fails to obey it, the court may issue an order to show cause why such person should not be held in contempt of court and upon hearing of the matter may adjudge such person guilty of contempt and punish him accordingly.
Sec. 2.090 Power of board: Ordinances, resolutions and orders.
1. The board may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this charter, necessary for the municipal government and the management of the affairs of Carson City, and for the execution of all the powers vested in Carson City.
κ1969 Statutes of Nevada, Page 296 (CHAPTER 213, SB 75)κ
the affairs of Carson City, and for the execution of all the powers vested in Carson City.
2. When power is conferred upon the board to do and perform any act or thing, and the manner of exercising such power is not specifically pointed out, the board may provide by ordinance the manner and details necessary for the full exercise of such power.
3. The board may enforce ordinances by providing penalties not to exceed those for misdemeanors as established by the legislature.
4. The board shall have such powers as are conferred upon the governing bodies of counties and cities by applicable laws which are not in conflict with the express or implied provisions of this charter.
5. The salary of an elective officer shall not be increased or diminished during the term for which he is elected or appointed.
Sec. 2.100 Ordinances: Passage by bill; amendments; subject matter; title requirements.
1. No ordinance may be passed except by bill and by a majority vote of the whole board of supervisors. The style of all ordinances shall be as follows: The Board of Supervisors of Carson City do ordain.
2. No ordinance shall contain more than one subject, which shall be briefly indicated in the title. Where the subject of the ordinance is not so expressed in the title, the ordinance is void as to the matter not expressed in the title.
3. Any ordinance which amends an existing ordinance shall set out in full the ordinance or sections thereof to be amended, and shall indicate matter to be omitted by enclosing it in brackets and shall indicate new matter by underscoring or by italics.
Sec. 2.110 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed shall be read to the board by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance shall be filed with the clerk for public distribution. Except as otherwise provided in subsection 3, notice of such filing shall be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in Carson City at least 1 week prior to the adoption of the ordinance. The board shall adopt or reject the ordinance or an amendment thereto, within 30 days from the date of such publication.
2. At the next regular meeting or adjourned meeting of the board following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the board. Thereafter, it shall be read as first introduced, or as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the board final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of copies of the proposed ordinance with the clerk need be published.
4. All ordinances shall be signed by the mayor, attested by the clerk, and shall be published by title, together with the names of the supervisors voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in Carson City for at least one publication, before the ordinance shall become effective.
κ1969 Statutes of Nevada, Page 297 (CHAPTER 213, SB 75)κ
voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in Carson City for at least one publication, before the ordinance shall become effective. The board may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The clerk shall record all ordinances in a book kept for that purpose together with the affidavits of publication by the publisher; and the book or a certified copy of the ordinances therein recorded, under the seal of the city, shall be received as prima facie evidence in all courts and places without further proof or, if published in book or pamphlet form by authority of the board, they shall be so received.
Sec. 2.120 Codification of ordinances; publication of code.
1. The board may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board, have incorporated therein a copy of this charter and such additional data as the board may prescribe. When such a code is published, two copies shall be filed with the librarian of the Nevada state library, and thereafter the code shall be received in all courts of this state as an authorized compilation of the municipal ordinances of Carson City.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance, which shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be An ordinance for codifying and compiling the general ordinances of Carson City.
4. The codification may be amended or extended by ordinance.
Sec. 2.130 Uniform codes: Procedure for adoption. An ordinance adopting a uniform building, plumbing, electrical, health, traffic or fire code, or any other uniform code or codes, printed in book or pamphlet form, may adopt such code or codes, or any portion thereof, with such changes as may be necessary to make such code or codes applicable to conditions in Carson City, and with such other changes as may be desirable, by reference thereto. Copies of such code or codes, either type-written or printed, with such changes, if any, shall be filed for use and examination by the public in the office of the clerk at least 1 week prior to the passage of the ordinance adopting such code or codes.
Sec. 2.140 Power of board: Public property, buildings. The board may:
1. Control the property of the corporation.
2. Erect and maintain all buildings necessary for the use of Carson City.
3. Purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, wherever situated, for the benefit of Carson City, improve and protect such property, and do all other things in relation thereto which natural persons might do. The board may not, except as otherwise specifically provided by this charter or any other law, mortgage, hypothecate or pledge any property of Carson City for any purpose.
κ1969 Statutes of Nevada, Page 298 (CHAPTER 213, SB 75)κ
Sec. 2.150 Power of board: Eminent domain. The board may condemn property for the public use in the manner prescribed by chapter 37 of NRS.
Sec. 2.160 Power of board: Fire protection; regulation of explosives, inflammable materials; fire codes and regulations. The board may:
1. Organize, regulate, maintain and disband a fire department.
2. Regulate or prohibit the storage of any explosive, combustible or inflammable material within, or transported through, Carson City, and prescribe the distance from any residential or commercial area where they may be kept.
3. Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.
Sec. 2.170 Power of board: Nuisances. The board may:
1. Determine by ordinance what shall be deemed nuisances.
2. Provide for the abatement, prevention and removal of such nuisances at the expense of the person creating, causing or committing such nuisances.
3. Provide for the penalty and punishment of persons responsible for such nuisances.
Sec. 2.180 Power of board: Animals and poultry.
1. The board may:
(a) Fix, impose and collect an annual per capita tax on all dogs and provide for the capture and disposal of all dogs on which the tax is not paid.
(b) Regulate or prohibit the running at large within Carson City of all kinds of animals and poultry, establish a pound, appoint a poundkeeper and prescribe his duties, distrain and impound animals running at large, and provide for the sale of such animals and poultry. The proceeds arising from the sale of such animals, after the payment of all costs, shall go to the treasury to be disposed of according to law.
(c) Prohibit cruelty to animals.
2. Any ordinance enacted pursuant to this section may, by reasonable classification, be made applicable, in whole or in part, to either the urban district or the Ormsby district, as such districts are defined in section 1.050.
Sec. 2.190 Power of board: Public health; board of health; regulations. The board may:
1. Provide for safeguarding public health in Carson City.
2. Create a board of health and prescribe the powers and duties of such board.
3. Provide for the enforcement of all regulations and quarantines established by the board of health by imposing adequate penalties for violations thereof.
Sec. 2.200 Power of board: Police ordinances. The board may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada.
Sec. 2.210 Power of board: Buildings; construction and maintenance regulations; building and safety codes. The board may:
1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within Carson City.
κ1969 Statutes of Nevada, Page 299 (CHAPTER 213, SB 75)κ
2. Adopt any building or safety code or ordinance necessary to carry out the provisions of this section.
Sec. 2.220 Power of board: Zoning and planning.
1. The board may:
(a) Divide Carson City into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within such districts.
(b) Establish and adopt ordinances and regulations relating to the subdivision of land.
2. The board shall carry out the provisions of subsection 1 in the manner prescribed by chapter 278 of NRS.
Sec. 2.230 Power of board: Rights-of-way, parks and public buildings and grounds. The board may:
1. Lay out, maintain, alter, improve or vacate all public rights-of-way in Carson City.
2. Regulate the use of public parks, buildings, grounds and rights-of-way and prevent the unlawful use thereof.
3. Regulate and prevent in the public parks, buildings, grounds and rights-of-way:
(a) The distribution and exhibition of handbills or signs.
(b) Any practice tending to annoy persons passing in public parks, buildings, grounds and rights-of-way.
(c) Public demonstrations and processions.
4. Require landowners to keep the adjacent streets, sidewalks and public parks, buildings and grounds free from encroachments or obstructions.
Sec. 2.240 Power of board: Parking meters; offstreet public parking facilities.
1. The board may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters shall be fixed by the board.
2. Except as otherwise provided by this charter, the board may acquire property within Carson City, by any lawful means, for the purpose of establishing offstreet public parking facilities for vehicles. The board may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, and a majority of the ballots cast of each color therein is in favor of the issuance of such bonds, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper. The board may, in such bonds, pledge the on-street parking revenues or the general credit of Carson City, or both, to secure the payment of the principal and interest thereon.
Sec. 2.250 Power of board: Traffic control. The board may, by ordinance, regulate:
1. All vehicular, pedestrian and other traffic within Carson City and provide generally for the public safety on the public streets and rights-of-way.
2. The length of time which vehicles may be parked upon the public streets and publicly owned parking lots.
κ1969 Statutes of Nevada, Page 300 (CHAPTER 213, SB 75)κ
Sec. 2.260 Power of board: Licensing, regulation and prohibition of trades, professions and businesses.
1. The board may fix, impose and collect a license tax for revenue upon, or regulate:
(a) Or both, all trades, callings, professions and businesses, conducted in whole or in part within Carson City; but no person licensed by an agency of the State of Nevada to practice any profession except gaming may be denied a license to conduct his profession or required to pay a license tax except for revenue.
(b) Or both, all businesses selling alcoholic liquors at wholesale or retail, or prohibit or suppress such businesses.
(c) Or prescribe the location of all gaming establishments, or any combination of these, or may prohibit gambling and gaming of all kinds, and all games of chance.
2. The board may provide for the issuance of all licenses authorized in this section and the time and manner in which they will be issued.
3. The board may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
Sec. 2.270 Power of board: Provision of utilities. The board may:
1. Provide, by contract, franchise or public enterprise, for any utility to be furnished to Carson City or the residents thereof.
2. Provide for the construction of any facility necessary for the provision of such utilities.
3. Fix the rate to be paid for any utility provided by public enterprise.
Sec. 2.280 Power of board: Television franchises.
1. The board may contract with, authorize or grant a franchise to, any person, company or association to construct, maintain and operate a television installation system which requires the use of city property or that portion of Carson City dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture.
2. Any franchise granted shall require a time within which actual construction shall be commenced, a time within which distribution of television shall be completed, and posting of a bond in an amount to be set by the board to assure compliance therewith.
Sec. 2.290 Power of board: Sanitary sewer facilities. The board may:
1. Construct, reconstruct, improve, extend or better a sanitary sewer system or any part thereof.
2. Sell any product or byproduct thereof and acquire the appropriate outlets within or without Carson City and extend the sewerlines thereto.
Sec. 2.300 Power of board: Abatement of noxious insects, rats and disease-bearing organisms. The board may take all steps necessary and proper for the extermination of noxious insects, rats and other disease-bearing organisms either in Carson City or in territory outside Carson City but so situated that such insects, rats and disease-bearing organisms migrate or are carried into Carson City.
Sec. 2.310 Power of board: Cemeteries; acquisition and maintenance. The board may, by any lawful means, acquire and maintain property for public use as a cemetery.
κ1969 Statutes of Nevada, Page 301 (CHAPTER 213, SB 75)κ
ARTICLE 3
Executive Department
Sec. 3.010 Mayor: Duties.
1. The mayor shall:
(a) Serve as a member of the board and preside over its meetings.
(b) Be recognized as the head of the Carson City government for all ceremonial purposes and by the governor for purposes of military law.
(c) Perform such emergency duties as may be necessary for the general health, welfare and safety of Carson City.
(d) Perform such other duties as may be prescribed by ordinance or by provisions of Nevada Revised Statutes which apply to a mayor or to the chairman of a board of county commissioners.
2. The mayor is entitled to receive an initial salary of $3,600 per year. The board of supervisors may set the annual salary of the mayor by ordinance at not less than $3,000 nor more than $3,600.
Sec. 3.020 Manager: Appointment; duties.
1. The board may appoint a manager, who shall perform such administrative duties as the board may appoint. His salary shall be fixed by the board.
2. The manager may appoint such clerical and administrative assistants as he may deem necessary, subject to approval of the board.
Sec. 3.030 Clerk: Duties; salary.
1. The provisions of chapter 246 of NRS apply to the office of clerk.
2. The clerk shall:
(a) Keep the corporate seal and all books and papers belonging to Carson City.
(b) Attend all meetings of the board and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the board, the clerk shall attest the journal after it has been signed by the mayor.
(c) Sign all warrants issued.
(d) Number and countersign all licenses issued by Carson City. All licenses shall be in a form devised by the clerk and approved by the board.
(e) Establish, with the approval of the board, such bookkeeping controls and accounting systems as are necessary to carry out effectively the duties of his office. He shall keep an accurate account of all warrants and orders in such manner that the board can, at any time, ascertain the actual outstanding indebtedness of Carson City.
(f) Enter upon the journal the result of the vote of the board upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.
(g) Act as ex officio treasurer. The provisions of chapter 249 of NRS shall apply to the clerk while acting in such capacity.
(h) Perform such other duties as may be required by the board, or by provisions of Nevada Revised Statutes which apply to a county clerk.
3. The clerk is entitled to receive an initial salary of $13,200 per year. The board of supervisors may set the annual salary of the clerk by ordinance at not less than $10,500 nor more than $15,500.
κ1969 Statutes of Nevada, Page 302 (CHAPTER 213, SB 75)κ
Sec. 3.040 Recorder and auditor: Duties; salary.
1. The provisions of chapter 247 of NRS apply to the recorder and auditor.
2. Such official shall:
(a) Serve as public administrator without additional salary but shall be entitled to any fees provided by law for the public administrator. The provisions of chapter 253 of NRS apply to the office of recorder and auditor while performing the duties of public administrator.
(b) Extend the taxes on the assessment roll without any additional compensation.
(c) Perform such other duties as may be imposed by the board or by provisions of Nevada Revised Statutes which apply to county recorders or auditors.
3. No fees may be charged by the recorder and auditor except as provided by law and all such fees are payable in advance, if demanded. If such official does not receive the fees payable to him for services rendered by him, he may have execution therefor in his own name against the person from whom they are due, to be issued from the court, upon the order of the judge or court upon affidavit filed.
4. The recorder and auditor is authorized to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise and upon approval of the board of supervisors, subject to the following conditions:
(a) That the mechanical device shall be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.
(b) That the use of the facsimile signature shall be made only under the direction and supervision of the officer whose signature it represents.
(c) That all of the mechanical device shall at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the same.
(d) That no facsimile signature produced through a mechanical device authorized by the provisions of this section shall be combined with the signature of another officer.
5. The recorder and auditor is entitled to receive an initial salary of $13,200 per year. The board of supervisors may set the annual salary of the recorder and auditor by ordinance at not less than $10,000 nor more than $15,500.
Sec. 3.050 Assessor: Duties; salary.
1. The provisions of chapter 250 of NRS apply to the office of assessor.
2. The assessor shall perform such other duties as may be imposed by the board, or by provisions of Nevada Revised Statutes which apply to county assessors.
3. The assessor is entitled to receive an initial salary of $13,200 per year. The board of supervisors may set the annual salary of the assessor by ordinance at not less than $10,500 nor more than $15,500.
Sec. 3.060 Sheriff: Duties; salary.
1. The provisions of chapter 248 of NRS apply to the office of sheriff.
2. The sheriff shall:
(a) Diligently enforce all ordinances of Carson City.
κ1969 Statutes of Nevada, Page 303 (CHAPTER 213, SB 75)κ
(b) Collect all amounts due on delinquent licenses and pay the amount collected to the treasurer.
(c) Perform such other duties as may be imposed by the board, or by provisions of Nevada Revised Statutes which apply to county sheriffs.
3. The sheriff shall not be answerable upon his official bond for the conduct of deputies appointed under the provisions of this charter, but the board may require of such deputies such bonds as it may deem proper.
4. The sheriff is entitled to receive an initial salary of $13,200 per year. The board of supervisors may set the annual salary of the sheriff by ordinance at not less than $10,500 nor more than $15,500.
Sec. 3.070 District attorney: Duties; salary.
1. The provisions of chapter 252 of NRS apply to the office of district attorney for Carson City.
2. The district attorney shall perform such other duties as may be imposed by the board or by provisions of Nevada Revised Statutes which apply to county district attorneys.
3. The district attorney is entitled to receive an initial salary of $13,800 per year. The board of supervisors may set the annual salary of the district attorney by ordinance at not less than $10,500 nor more than $15,500.
Sec. 3.080 Officers: Duties imposed by Nevada Revised Statutes. Wherever any provision of Nevada Revised Statutes imposes any duty or grants any right to any official of a city or county, such duty or right shall be vested in the equivalent official of Carson City.
Sec. 3.090 Officers: Absence from office. If any appointive officer removes his office from Carson City, or absents himself therefrom for more than 30 days without leave of the board of supervisors, his office shall by the board be declared vacant, and the vacancy filled by appointment as provided in this charter.
Sec. 3.100 Officers: Collection and disposition of moneys.
1. All taxes, fines, forfeitures or other moneys collected or recovered by any officer or person pursuant to the provisions of this charter or of any valid ordinance of Carson City shall be paid by the officer or person collecting or receiving them to the clerk, who shall dispose of them in accordance with ordinances, regulations and procedures established by the board.
2. The board may by proper legal action collect all moneys which are due and unpaid to Carson City or any office thereof, and the board may pay from the general fund all fees and expenses necessarily incurred by it in connection with the collection of such moneys.
Sec. 3.110 Claims against Carson City: Procedure for payment. All claims for fees or expenses necessarily or properly incurred by Carson City shall be allowed or disallowed in accordance with procedures established by the board of supervisors.
Sec. 3.120 Officials bonds.
1. All appointive officers of Carson City, acting, ex officio or otherwise, under the provisions of this charter, shall be liable and accountable on their official bonds for their acts and neglects respecting the provisions of this charter, but the board shall require from them such further or additional security as may be necessary from time to time.
κ1969 Statutes of Nevada, Page 304 (CHAPTER 213, SB 75)κ
2. The board shall require from all other officers and employees of Carson City, constituted or appointed under this charter, except supervisors, sufficient security for the faithful and honest performance of their respective duties, and they may require such bonds or security from all officers and employees of Carson City who receive any salary or compensation, at any time, if they see fit.
Sec. 3.130 Removal of officers. If any officer neglects or refuses on demand to give the bond or security required by section 3.120, or is guilty of any malpractice or malfeasance in office, or becomes so intoxicated or subject to the influence of intoxicating beverages or narcotics as to be unable to perform the duties of his office, the board may declare the respective office vacant and fill the vacancy so caused as provided in section 2.030.
ARTICLE 4
Judicial Department
Sec. 4.010 Justices court; Carson City.
1. All provisions of NRS relating to justices courts shall apply to the justices court of Carson City.
2. There shall be one township in Carson City, which shall be conterminous with the boundaries of Carson City.
Sec. 4.020 Municipal court. There shall be a municipal court of Carson City, to which the provisions of chapters 5 and 266 of NRS, relating to municipal courts, shall apply.
Sec. 4.030 Municipal court: Ex officio judge.
1. The justice of the peace of Carson City shall be ex officio judge of the municipal court of Carson City.
2. The salary of the ex officio judge of the municipal court shall be fixed by the board of supervisors and shall be paid in equal monthly installments.
ARTICLE 5
Elections
Sec. 5.010 Primary election.
1. A primary election shall be held on the date fixed by the Nevada election laws, at which time there shall be nominated candidates for offices to be voted for at the next general election.
2. A candidate for any office to be voted for at any primary election shall file a declaration or acceptance of candidacy as provided by the Nevada election laws.
3. A candidate for mayor or supervisor or any other office not otherwise provided for by law shall pay to the clerk, at the time of filing the affidavit of candidacy, the filing fee in the amount fixed by chapter 293 of NRS for county offices.
4. All candidates for the office of mayor and supervisor shall be voted upon by the registered voters of Carson City at large.
5. If in the primary election one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, his name alone shall be placed on the ballot for the general election. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest numbers of votes shall be placed on the ballot for the general election.
κ1969 Statutes of Nevada, Page 305 (CHAPTER 213, SB 75)κ
votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest numbers of votes shall be placed on the ballot for the general election.
Sec. 5.020 General election.
1. A general election shall be held in Carson City on the 1st Tuesday after the 1st Monday in November 1970, and on the same day every 2 years thereafter, at which time there shall be elected such officers, the offices of which are required next to be filled by election.
2. All candidates for the office of mayor and supervisor shall be voted upon by the registered voters of Carson City at large. The members of the board, including the mayor, shall serve for terms of 4 years.
Sec. 5.030 Applicability of state election laws; elections under board control.
1. All elections held under this charter shall be governed by the provisions of the election laws of this state, so far as such laws can be made applicable and are not inconsistent herewith.
2. The conduct of all municipal elections shall be under the control of the board. For the conduct of municipal elections, for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud, the board shall adopt by ordinance all regulations which it considers desirable and consistent with law and this charter.
Sec. 5.040 Qualifications, registration of voters.
1. Every person who resides within Carson City at the time of holding any municipal election, and whose name appears upon the official register of voters in and for Carson City, is entitled to vote at each municipal election, whether special, primary or general, and for all officers to be voted for and on all questions that may be submitted to the people at any such primary, general or special city elections, except as otherwise provided in this article.
2. Nothing herein shall be so construed as to deny or abridge the power of the board to provide for a supplemental registration.
Sec. 5.050 Names on ballots. The full names of all candidates, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol. The use of nicknames in conjunction with the candidates legal names is allowed and nicknames may be printed on the official ballots. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion, their residence addresses shall be printed with their names on the ballot.
Sec. 5.060 Ballots for ordinances and charter amendments. An ordinance or charter amendment to be voted on in Carson City shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: Shall the above-described (ordinance) (amendment) be adopted? The ballot or voting machine or device shall be so marked as to indicate clearly in what manner the voter may cast his vote either for or against the ordinance or amendment.
Sec. 5.070 Availability of list of registered voters. If for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of Carson City, the department, office or agency which has custody of the official register of voters shall either permit the organization, group or person to copy the voters names and addresses from the official register of voters or furnish such a list.
κ1969 Statutes of Nevada, Page 306 (CHAPTER 213, SB 75)κ
registered voters of Carson City, the department, office or agency which has custody of the official register of voters shall either permit the organization, group or person to copy the voters names and addresses from the official register of voters or furnish such a list.
Sec. 5.080 Watchers and challengers. A candidate is entitled, upon written application to the election authorities at least 5 days before the election, to appoint two persons to represent him as watchers and challengers at each polling place where voters may cast their ballots for him. A person so appointed has all the rights and privileges prescribed by watchers and challengers under the election laws of this state. The watchers and challengers may exercise their rights throughout the voting and until the ballots have been counted.
Sec. 5.090 Voting machines. The board may provide for the use of mechanical or other devices for voting or counting the votes not inconsistent with law or regulations of the secretary of state.
Sec. 5.100 Election returns; canvass; certificates of election; entry of officers upon duties.
1. The election returns from any special, primary or general municipal election shall be filed with the clerk, who shall immediately place such returns in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with such returns until canvassed by the board.
2. The board shall meet within 5 days after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the clerk for 6 months and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the board.
3. The clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in January next following their election.
Sec. 5.110 Contest of election. A contested election for any municipal office shall be determined according to the law of the state regulating proceedings in contested elections in county offices.
ARTICLE 6
Local Improvements
Sec. 6.010 Local improvement law. The board, upon behalf of either the Ormsby district or the urban district, or both, and in their name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without such district or districts, or both within and without such district or districts:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
κ1969 Statutes of Nevada, Page 307 (CHAPTER 213, SB 75)κ
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
11. Water projects; and
12. Underground utility and communication lines.
Sec. 6.020 Local improvement law: Collateral powers. The board, on behalf of the Ormsby district or the urban district, or both, and in their name, for the purpose of defraying all the cost of acquiring or improving, or acquiring and improving, any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by chapter 271 of NRS. If the board acts on behalf of both districts, property in both districts may be assessed. Whether the board acts on behalf of one or both districts, the obligations imposed by NRS 271.495 and 271.500 apply to Carson City as a whole.
ARTICLE 7
Local Bonds and Franchises
Sec. 7.010 Debt limit.
1. Carson City shall not incur an indebtedness for the urban district which with the indebtedness then outstanding for such district exceeds 10 percent of the total assessed valuation of the taxable property within the boundaries of the district, except indebtedness incurred for and related to the water supply of Carson City, as shown by the last preceding assessment for general (ad valorem) tax purposes. Indebtedness incurred by Carson City prior to the effective date of this charter shall be considered in determining the debt limitation of the urban district.
2. Carson City shall not incur an indebtedness for the city as a whole which with the indebtedness then outstanding for the city as a whole exceeds 10 percent of the total assessed valuation of the taxable property within the boundaries of the city, except indebtedness incurred for and related to the water supply of Carson City, as shown by the last preceding assessment for general (ad valorem) tax purposes. Indebtedness incurred by Ormsby County prior to the effective date of this charter shall be considered in determining the debt limitation of the city as a whole.
3. Any indebtedness of Carson City incurred prior to the effective date of this charter, or of the urban district, shall not be considered in determining the debt limitation of the city as a whole. Any indebtedness of Ormsby County incurred prior to the effective date of this charter, or of the city as a whole incurred after the effective date of this charter, shall not be considered in determining the debt limitation of the urban district.
4. In determining any debt limitation under this section, there shall not be counted as indebtedness:
(a) Any revenue bonds, unless the full faith and credit of the city is also pledged to their payment.
(b) Any special assessment bonds, although a deficiency in the proceeds of the assessments is required to be paid from the general fund of the city.
κ1969 Statutes of Nevada, Page 308 (CHAPTER 213, SB 75)κ
(c) Any short-term securities issued in anticipation of and payable from property taxes levied for the current fiscal year.
Sec. 7.020 Acquisition, operation of municipal utilities, facilities and franchises. Carson City may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities and counties, grant franchises and acquire in any manner any public utility, airport, municipal hall, cemetery, fire station or other public building, park, recreation center and necessary equipment for municipal departments (such acquisitions hereafter sometimes referred to in this article as facilities or projects), and hold, manage and operate them either alone or jointly with any level of government or instrumentality or subdivision thereof.
Sec. 7.030 Borrowing money.
1. Subject to the limitations imposed by this article, Carson City may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city or county or both, and for such purpose may issue bonds or other securities. The Local Government Securities Law applies to all securities so issued.
2. The board shall submit any proposal to borrow money, except an emergency loan as defined and authorized by chapter 354 of NRS, to the registered voters of the affected area in the manner provided by NRS 350.010 to 350.070, inclusive.
3. If the indebtedness is for the urban district:
(a) The question shall be submitted only to the registered voters residing in the urban district.
(b) Any property tax levied to pay the principal of or interest on such indebtedness shall be levied only upon taxable property within the urban district.
4. If the indebtedness is for the city as a whole:
(a) The question shall be submitted to the registered voters of the city.
(b) Any property tax levied to pay the principal of or interest on such indebtedness shall be levied upon all taxable property within the city.
5. Any ordinance pertaining to the sale or issuance of bonds or other securities may be adopted in the same manner as is provided for cases of emergency. A declaration by the board in any ordinance that it is of this kind shall be conclusive in the absence of fraud or gross abuse of discretion.
Sec. 7.040 Franchises.
1. Before granting any franchise the board shall first adopt a resolution which shall set forth fully, and in detail, the applicant for, the purpose and character of, terms, time and conditions of the proposed franchise. Such resolution shall be published in full in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in Carson City for at least two publications in the 2 weeks succeeding its adoption.
2. On the first regular meeting of the board, after the expiration of the period of such publication, the board shall proceed to pass an ordinance for the granting of the franchise; but such franchise shall be granted only on substantially the same terms and conditions as expressed in the resolution as published.
κ1969 Statutes of Nevada, Page 309 (CHAPTER 213, SB 75)κ
only on substantially the same terms and conditions as expressed in the resolution as published. Otherwise such ordinance shall be void.
Sec. 7.050 Bonded indebtedness of Ormsby County and Carson City.
1. The bonded indebtedness of Ormsby County incurred prior to the effective date of this charter shall continue to be an obligation of Carson City and the board shall continue annually to levy a special tax on all the taxable property within Carson City and shall cause it to be collected until all such bonded indebtedness is retired in full.
2. The bonded indebtedness of Carson City incurred prior to the effective date of this charter shall continue to be an obligation of the urban district and the board shall continue annually to levy a special tax on all the taxable property within the urban district and shall cause it to be collected until all such bonded indebtedness is retired in full.
Sec. 7.060 Bonds of Ormsby County and Carson City declared valid. All bonds of Ormsby County and Carson City which have previously been authorized or issued pursuant to law, and which are now outstanding and have not been declared invalid by a court of competent jurisdiction, are hereby validated and declared to be legal and binding obligations in accordance with their terms, notwithstanding any question as to the validity of such bonds which could have been raised except for the adoption of this charter.
ARTICLE 8
Revenue
Sec. 8.010 Municipal taxes.
1. The board shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy taxes at the appropriate rates upon the assessed value of all real and personal property within the urban district and the Ormsby district, respectively. The taxes so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of the state for the collection of state and county taxes. The revenue laws of the state shall, in every respect not inconsistent with the provisions of this charter, be applicable and so held to the levying, assessing and collecting of the municipal taxes.
2. In the matter of the equalization of assessments, the rights of Carson City and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the board of equalization as are the state and the several counties.
3. Whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing and collecting the revenues of the state and the several counties shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of Carson City. The board shall enact all such ordinances as it may deem necessary and not inconsistent with this charter and the laws of the state for the prompt, convenient and economical collecting of the revenue.
Sec. 8.020 Revenue ordinances. The board shall have full power to pass and enact all ordinances necessary to carry into effect the revenue laws in Carson City and to enlarge, fix and determine the powers and duties of all officers in relation thereto.
κ1969 Statutes of Nevada, Page 310 (CHAPTER 213, SB 75)κ
ARTICLE 9
Miscellaneous Provisions
Sec. 9.010 Severability of provisions. If any portion of this charter is by any reason held to be unconstitutional or invalid for any reason by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this charter. The legislature hereby declares that it would have passed the charter and each portion thereof, irrespective of the portion which may be deemed unconstitutional or otherwise invalid.
Sec. 9.020 Effective date.
1. This charter shall become effective upon passage and approval only for the purposes of conducting the preliminary municipal elections in May and June 1969, as provided by section 10.020. All officers of Carson City and Ormsby County in office prior to the effective date of this charter shall perform all acts required for the proper conduct of such preliminary municipal elections in May and June 1969.
2. For all other purposes, this charter shall become effective at 12 m. on July 1, 1969.
ARTICLE 10
Transitional Provisions
Sec. 10.010 Creation of wards for 1969 elections.
1. For the purposes of conducting the primary and general municipal elections in 1969, the following wards are hereby created:
(a) Ward 1 is composed of that territory west of Carson Street and north of Washington Street.
(b) Ward 2 is composed of that territory east of Carson Street and bounded on the south and west by a line which begins at the corner of Carson and Washington Streets, thence follows Washington Street easterly to Roop Street, thence follows Roop Street northerly to William Street, thence follows William Street easterly to the common corner of sections 8, 9, 16 and 17, T. 15 N., R. 20 E., M.D.B. & M., thence follows the section line easterly to the county line.
(c) Ward 3 is composed of all that territory not included in wards 1, 2 and 4.
(d) Ward 4 is composed of that territory west of Carson Street, south of Washington Street and north of a line which runs due west from the point where Carson Street intersects the south boundary of the urban services district.
2. Boundaries of wards for the general election in 1970 shall be established as provided in section 1.060, not later than 1 year prior to the date of such election.
Sec. 10.020 Preliminary municipal elections.
1. A primary municipal election shall be held in Carson City on May 6, 1969, at which time there shall be nominated candidates for the board to be elected at a general municipal election to be held on June 3, 1969.
2. A candidate for such office shall file an affidavit of candidacy with the clerk between 9 a.m.
κ1969 Statutes of Nevada, Page 311 (CHAPTER 213, SB 75)κ
the clerk between 9 a.m. on April 7, 1969, and 5 p.m. on April 18, 1969.
3. Notwithstanding any other provision of this charter, supervisors from wards 1 and 3 shall be elected at such general municipal election on June 3, 1969, to serve from 12 m. on July 1, 1969, until the election of their successors at the general election in November 1970, and such successors qualification. Such successors shall serve for terms of 4 years as provided by section 2.010.
4. Notwithstanding any other provision of this charter, the mayor and supervisors from wards 2 and 4 shall be elected at such general municipal election on June 3, 1969, to serve from 12 m. on July 1, 1969, until the election of their successors at the general election in November 1972, and such successors qualification. Such successors shall serve for terms of 4 years as provided by section 2.010.
Sec. 10.030 Existing offices of Carson City and Ormsby County. Notwithstanding any other provision of law, the terms of office of all members of the Carson City council and the board of county commissioners of Ormsby County on the effective date of this charter shall terminate at 12 m. on July 1, 1969.
Sec. 10.040 Effect of enactment of charter.
1. All rights and property of every kind and description which were vested in Carson City and Ormsby County prior to the adoption of this charter shall be deemed to be vested in Carson City on the effective date of this charter. All other obligations, liabilities, duties, privileges, immunities, rights and powers of Carson City or Ormsby County shall remain as if no change had been made.
2. The enactment of this charter shall not in any way affect or modify:
(a) Any special, local or temporary laws, except the Carson City charter, in effect prior to the adoption of this charter.
(b) Any law or ordinance affecting any bond issue or by which any bond issue may have been authorized.
(c) Any law or ordinance making an appropriation.
(d) The running of the statute of limitations in force at the time this charter becomes effective.
3. Any claim or cause of action against Carson City or Ormsby County which arose prior to the effective date of this charter, whether or not an action had been initiated, may be prosecuted in an action against Carson City.
4. Any criminal prosecution, civil action or other procedure authorized by law initiated by Carson City or Ormsby County prior to the effective date of this charter, or any procedure or action resulting therefrom, which could have been pursued and completed by Carson City or Ormsby County, may be pursued and completed by Carson City.
5. All ordinances and resolutions in force in Carson City or Ormsby County prior to the effective date of this charter shall continue in full force and effect until repealed or amended, if they do not conflict with the provisions of this charter. In the event of a conflict between such ordinances and resolutions enacted by Carson City and Ormsby County, the ordinances or resolutions of Ormsby County shall prevail.
κ1969 Statutes of Nevada, Page 312 (CHAPTER 213, SB 75)κ
Sec. 3. NRS 1.050 is hereby amended to read as follows:
1.050 1. The district court in and for Carson City shall sit at Carson City.
2. Every other court of justice, except justices or municipal court, shall sit at the county seat of the county in which it is held.
3. Justices courts shall be held in their respective townships, precincts or cities, and municipal courts in their respective cities.
Sec. 4. NRS 1.150 is hereby amended to read as follows:
1.150 The several district courts for which separate seals have not been provided heretofore, or the respective judges thereof, by an order in writing filed with the respective clerks of such courts, shall direct such clerks to procure such seals, which seals shall have the following inscriptions surrounding the same District Court, .............................................................................................. District, County of , [] (or Carson City) inserting the number of the district and the name of the county. Any such order that may have been made by any judge of a district court shall have the same effect as if it had been made in open court.
Sec. 5. NRS 2.150 is hereby amended to read as follows:
2.150 The supreme court shall hold its sessions at the capital of the state. If a room in which to hold the court, together with attendants, fuel, lights and stationery, suitable and sufficient for the transaction of business, be not provided by the state, the court may direct the sheriff of [the county in which it is held] Carson City to provide such room, attendants, fuel, lights and stationery, and the expense thereof shall be paid out of the state treasury.
Sec. 6. NRS 2.290 is hereby amended to read as follows:
2.290 The supreme court, or a majority thereof, is authorized to designate:
1. One of the law clerks employed pursuant to NRS 2.300 to act as bailiff of the supreme court without additional compensation; or
2. The sheriff of [Ormsby County] Carson City to act as bailiff of the supreme court. For his services as bailiff, either in person or by deputy, he shall receive from the state, in full payment for such services, the sum of $50 per calendar month when actually in attendance upon the court, such sum to be paid by the state treasurer out of the biennial appropriation therefor. The sheriff, as bailiff, shall retain to his own use all moneys received by him under the provisions of this subsection.
Sec. 7. NRS 3.010 is hereby amended to read as follows:
3.010 1. The state is hereby divided into eight judicial districts, as follows:
First judicial district. The counties of [Ormsby,] Douglas, Churchill, Storey and Lyon, and Carson City, 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.
κ1969 Statutes of Nevada, Page 313 (CHAPTER 213, SB 75)κ
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 district judge. For the first judicial district there shall be two district judges. For the second judicial district there shall be five district judges. For the eighth judicial district there shall be 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 in NRS 3.080.
Sec. 8. Chapter 6 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Grand jurors in Carson City shall be selected in the same manner as provided in NRS 6.110 for the selection of grand jurors in counties where the board of county commissioners consists of five members. The board of supervisors of Carson City have the powers and functions of the board of county commissioners as specified in such provisions of NRS 6.110.
Sec. 9. (There is no section 9.)
Sec. 10. Chapter 19 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The clerk of Carson City and ex officio clerk of the First Judicial District Court of the State of Nevada, in and for Carson City, shall charge and collect fees as follows:
On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing the action or proceeding................................................................. $15.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them...................................................................................................... 5.00
For every additional defendant appearing separately......... 5.00
For filing a complaint in intervention.................................................. 5.00
The foregoing fees shall be in full for all services rendered by the clerk in the case, to and including the making up of the judgment roll.
For all services after the judgment roll is made up, pending appeal to the supreme court (not including the making of copies), to be paid by the party moving for a new trial or to set aside judgment.......................... 2.50
For filing notice and undertaking and all services, including indexing, on appeal to the supreme court............................................................ 3.50
For entering judgment by confession.................................................... 3.00
For filing remittitur from the supreme court........................................ 1.00
For recording judgment entered thereon, per folio............... .20 For issuing execution or order of sale................... $1.00
κ1969 Statutes of Nevada, Page 314 (CHAPTER 213, SB 75)κ
For issuing execution or order of sale.................................................. $1.00
For copying the decree and return, per folio.......................... .20
For services performed in an action transferred from the district court of any county.................................................................................................. 10.00
For services performed in an action appealed from the justices court .............................................................................................................. 10.00
For transmission of files and papers on the granting of change of venue to the district court of any county or to the United States court, exclusive of express charge or postage............................................................... 2.50
For services performed in proceedings to perpetuate testimony..... 1.00
For certificates for dismissal of appeal:
When prepared by the clerk....................................................... 2.50
When prepared and furnished by the attorney....................... 1.00
For filing any paper in any case after judgment, not otherwise provided for .............................................................................................................. .25
For issuing a transcript of judgment, per folio.................................... .20
For taking and certifying depositions:
For each folio................................................................................ .20
For each days attendance......................................................... 4.00
For all services rendered in any proceeding had pursuant to NRS 146.070 where the estate exceeds $1,000 in value..................................... 5.00
For services in probate proceedings wherein a summary administration is ordered................................................................................................ 15.00
For services in probate proceedings wherein summary administration is not ordered................................................................................................ 25.00
For services in guardianship proceedings........................................... 15.00
For filing a petition to contest or objections to the probate of any will or codicil, or filing objections or cross-petition to the appointment of an executor, administrator or guardian.............................................................. 5.00
2. The clerk shall also be entitled to charge and collect the following fees and compensation not otherwise provided for:
For any copy of any record, proceeding or paper on file in the office of the clerk, when such copy is made by him, per folio..................................... $0.20
For each certificate of the clerk under the seal of the court............. .50
For filing and indexing articles of incorporation, or amendments thereto .............................................................................................................. 2.50
For filing acceptance by resident agent.................................. 1.00
For filing, indexing and registering certificates of copartnership.. 2.50
For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, each............................................................................. 1.00
κ1969 Statutes of Nevada, Page 315 (CHAPTER 213, SB 75)κ
3. For all services not enumerated in this section, such fees as are now or may hereafter be fixed by law.
4. No fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.
5. The foregoing fees shall include the fees provided for and known as court fees in NRS 19.020.
6. The clerk shall, on or before the 5th day of each month, pay to the city treasurer the amount of all fees charged by the clerk during the preceding month.
Sec. 11. NRS 41.010 is hereby amended to read as follows:
41.010 An officer or person who has presented a claim against the state for services or advances authorized by law, and for which an appropriation has been made, but of which the amount has not been fixed by law, to the board of examiners, which claim the board or the state controller has refused to audit and allow, in whole or in part, may commence an action in any court in [Ormsby County] Carson City having jurisdiction of the amount, and not elsewhere, for the recovery of such portion of the claim as shall have been rejected. In such action the State of Nevada shall be named as defendant, and the summons shall be served upon the state controller, and the action shall proceed as other civil actions to final judgment.
Sec. 12. NRS 154.120 is hereby amended to read as follows:
154.120 1. If, within 6 years after any judgment escheating property to the state, any person shall appear and claim any money that may have been paid into the state treasury or any real or personal property vested in the state by the judgment, the person may file a petition in the district court of [Ormsby County,] Carson City, stating the nature of the claim, with an appropriate prayer for the relief demanded.
2. A copy of the petition shall be served upon the attorney general before or at the time of filing the same. Within 20 days after service, the attorney general shall appear in the proceeding and plead or answer to the petition. If, after examining all the facts, the attorney general is convinced that the state has no legal defense against the petition, he may, with the consent of the court, confess judgment on behalf of the state.
3. If judgment is not confessed, the petition shall be considered at issue on the 20th day after its filing, and may be heard by the court on that day, or at such future day as the court may order.
4. Upon the hearing, the court shall examine into the claim and hear the allegations and proofs, from which, if the court shall find that the person is entitled to any money paid into the state treasury, it shall, by judgment, order and direct the state controller to draw his warrant in favor of the claimant upon the state treasurer for the sum specified in the order, but without interest or cost to the state. A certified copy of the judgment and order directing the state controller to draw his warrant for money shall be a sufficient voucher for him so to do.
5. If any real property is the subject of the trial, and the court finds the claimant entitled to it, the court shall decree accordingly, which decree shall be effectual for divesting the interests of the state in or to the real property, but no costs shall be taxed against the state.
κ1969 Statutes of Nevada, Page 316 (CHAPTER 213, SB 75)κ
6. If any real or personal property, other than money, has been sold as provided in this chapter after the judgment of escheatal, and the proceeds paid into the state treasury, the petitioner shall be entitled to the proceeds thereof, in lieu of the real or personal property, and the court shall decree accordingly.
7. All persons, except infants and persons of unsound mind, who shall fail to appear and file their petitions within the time limited in subsection 1, shall be barred forever. Infants and persons of unsound mind have the right to appear and file their petitions at any time within 5 years after their respective disabilities are removed.
Sec. 13. NRS 172.085 is hereby amended to read as follows:
172.085 The following oath must be administered to the grand jury:
You, as grand jurors, will diligently inquire into, and true presentment make, of all offenses against the State of Nevada committed or triable within this county, (or city, in the case of Carson City) of which you shall have or can obtain legal evidence. You will keep your own counsel, and that of your fellows and the government, and will not, except when required in the due course of judicial proceedings, disclose the testimony of any witness examined before you, nor anything which you or any other grand juror may have said, nor the manner in which your or any other grand juror may have voted on any matter before you. You will present no person through malice, hatred, or ill will, nor leave any unpresented through fear, favor, or affection, or for any reward, or the promise or hope thereof; but in all your presentments you will present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding, so help you God.
Sec. 14. NRS 218.050 is hereby amended to read as follows:
218.050 1. The policy for apportionment of the legislature is declared to be:
(a) To provide that the several members of the senate and of the assembly respectively shall represent substantially equal numbers of people, in compliance with the constitutions of the United States and of the State of Nevada.
(b) To preserve the unity of Carson City and the several counties as a basis for selecting representatives, in order to afford rational representation to homogeneous groups, in recognition of their governmental responsibilities, [as counties,] and in recognition of their separate interest in local legislation.
(c) To divide the state into legislative districts each composed of one or more contiguous whole counties, appropriately including Carson City, or of an area wholly within one county, and to apportion to each district a whole number of senators and assemblymen proportionate to its population.
2. The legislature finds as facts that:
(a) [Fourteen] Carson City and 13 of the less populous counties of the state can be divided into six districts, each composed of whole counties and substantially equal in population.
(b) If to each of the districts mentioned in paragraph (a) there are apportioned one senator and two assemblymen, whole numbers of senators and assemblymen respectively can be apportioned to each of the more populous counties, within the limits fixed by the constitution on the total number of legislators, to carry out the policy of representation according to population.
κ1969 Statutes of Nevada, Page 317 (CHAPTER 213, SB 75)κ
the total number of legislators, to carry out the policy of representation according to population.
3. The senate shall consist of 20 members and the assembly shall consist of 40 members.
4. The following legislative districts are hereby created, and the following numbers of senators and assemblymen apportioned to each respectively:
(a) Clark County: Eight senators and 16 assemblymen.
(b) In Washoe and Storey counties, as divided pursuant to NRS 218.080:
(1) Reno-North Tahoe-Verdi-Storey legislative district: Four senators and nine assemblymen.
(2) Sparks-Sun Valley-Roop legislative district: One senator and three assemblymen.
(3) One additional senator to be elected from the whole of Washoe and Storey counties as a floterial district.
(c) Elko County: One senator and two assemblymen.
(d) In Eureka, Humboldt, Lander and Pershing counties:
(1) One senator to be elected in the four counties.
(2) One assemblyman to be elected in Humboldt County.
(3) One assemblyman to be elected in Eureka, Lander and Pershing counties.
(e) In Churchill and Lyon counties:
(1) One senator to be elected in the two counties.
(2) One assemblyman to be elected in Churchill County.
(3) One assemblyman to be elected in Lyon County.
(f) [Douglas and Ormsby counties:] Carson City and Douglas County: One senator and two assemblymen.
(g) In Esmeralda, Mineral and Nye counties:
(1) One senator to be elected in the three counties.
(2) One assemblyman to be elected in an assembly district composed of Esmeralda and Nye counties and Mina township as created by the board of county commissioners of Mineral County and bounded on June 1, 1966.
(3) One assemblyman to be elected in an assembly district composed of the remainder of Mineral County.
(h) Lincoln and White Pine counties: One senator and two assemblymen.
Sec. 15. NRS 233B.110 is hereby amended to read as follows:
233B.110 1. The validity or applicability of any regulation may be determined in a proceeding for a declaratory judgment in the district court in and for [Ormsby County,] Carson City, or in and for the county where the plaintiff resides, when it is alleged that the regulation, or its proposed application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. A declaratory judgment may be rendered after the plaintiff has first requested the agency to pass upon the validity of the regulation in question. The court shall declare the regulation invalid if it finds that it violates constitutional or statutory provisions or exceeds the statutory authority of the agency.
2. Any agency whose regulation is made the subject of a declaratory action under subsection 1 shall be made a party to the action. Any agency may institute an action for a declaratory judgment, as provided in subsection 1, concerning any regulation adopted and filed by it or any other agency.
κ1969 Statutes of Nevada, Page 318 (CHAPTER 213, SB 75)κ
agency may institute an action for a declaratory judgment, as provided in subsection 1, concerning any regulation adopted and filed by it or any other agency.
3. Actions for declaratory judgment provided for in subsections 1 and 2 shall be in accordance with the Uniform Declaratory Judgments Act (chapter 30 of NRS), and the Nevada Rules of Civil Procedure. In all actions under subsections 1 and 2, the attorney general shall, before judgment is entered, be served with a copy of the petition, and shall be entitled to be heard.
Sec. 16. NRS 233B.130 is hereby amended to read as follows:
233B.130 1. Any person aggrieved by a final decision in a contested case is entitled to judicial review thereof under this chapter. Nothing in this section shall be deemed to limit utilization of trial de novo review where provided by statute, but this section shall provide an alternative means of review in those cases. Any preliminary, procedural or intermediate agency act or ruling shall be immediately reviewable in any case in which review of the final agency decision would not provide an adequate remedy.
2. Proceedings for review shall be instituted by filing a petition in the district court in and for [Ormsby County,] Carson City, in and for the county in which the aggrieved party resides, or in and for the county where the act on which the proceeding is based occurred, within 30 days after the service of the final decision of the agency or, if a rehearing is held, within 30 days after the decision thereon. Copies of the petition shall be served upon the agency and all other parties of record.
Sec. 17. NRS 243.045 is hereby amended to read as follows:
243.045 1. There shall be a county, to be known as Douglas County, to include all that part of the State of Nevada within the boundaries described as follows: Beginning at Masons Ranch on the Walker River and running westerly in a straight fine to the mouth of Clear Creek; thence along the middle of Clear Creek to its source; thence due west to the California line; thence south and southeasterly along the line to the western boundary of Lyon County; thence northerly along the boundary to the place of beginning.
2. Notwithstanding anything to the contrary in subsection 1, the north boundary line of Douglas County is redefined on March 2, 1965, and such north boundary line is particularly described as follows: Beginning at Masons Ranch on the Walker River and running westerly in a straight line toward the mouth of Clear Creek to a point where such line intersects the centerline of Eldorado Canyon in section 18, T. 14 N., R. 22 E.; thence northeasterly down the centerline of Eldorado Canyon, a distance of 500 feet, more or less, to its intersection with a point on the north boundary of such section 18 which is also common to a point on the south boundary of section 7, T. 14 N., R. 22 E., the southeast corner of the new south boundary of [Ormsby County] Carson City and from which point the southeast corner of such section 7 bears S. 89°51′ E. a distance of 1,386 feet; thence westerly along the new south boundary of [Ormsby County] Carson City to the Nevada-California state line. All township and range references are to the Mount Diablo Base and Meridian.
3. Notwithstanding anything to the contrary in subsections 1 and 2, the boundary line between Douglas County and Lyon County is redefined on July 1, 1967, and such boundary line is particularly defined as follows: Beginning at a point on the south boundary of [Ormsby County] Carson City and the north boundary of Douglas County, which point is in Eldorado Canyon and lies on the south boundary of section 7, T.
κ1969 Statutes of Nevada, Page 319 (CHAPTER 213, SB 75)κ
on July 1, 1967, and such boundary line is particularly defined as follows: Beginning at a point on the south boundary of [Ormsby County] Carson City and the north boundary of Douglas County, which point is in Eldorado Canyon and lies on the south boundary of section 7, T. 14 N., R. 22 E., such point being further described as bearing N. 89°51′ W. a distance of 1,386 feet from the southeast corner of section 7, T. 14 N., R. 22 E., this point being a common point to [Ormsby County,] Carson City, Douglas County and Lyon County, Nevada; thence east along the south section line of sections 7, 8, 9, 10, 11 and 12, T. 14 N., R. 22 E.; thence continuing east along the south section line of sections 7, 8, 9, 10, 11 and 12, T. 14 N., R. 23 E.; thence continuing east along the south section line of the unsurveyed sections 7 and 8, to the northeast corner of section 17, T. 14 N., R. 24 E.; thence south along the east section line of the unsurveyed sections 17, 20, 29 and 32, T. 14 N., R. 24 E.; thence continuing south along the east section line of sections 5, 8 and 17 to the east-west quarter section line of section 17, T. 13 N., R. 24 E.; thence west along the quarter line of sections 17 and 18 to the northeast corner of the NW 1/4 of the SW 1/4 of section 18, T. 13 N., R. 24 E.; thence south along the east line of the NW 1/4 of the SW 1/4 of section 18 to the south-east corner of the NW 1/4 of the SW 1/4 of section 18, T. 13 N., R. 24 E.; thence west along the south line of the NW 1/4 of the SW 1/4 of section 18 to the east section line of section 13, T. 13 N., R. 23 E.; thence south along the east section line to the southeast corner of section 13, T. 13 N., R. 23 E.; thence west along the south section line of sections 13, 14 and 15 to the northeast corner of section 21, T. 13 N., R. 23 E.; thence south along the east section line of sections 21 and 28 to the southeast corner of section 28, T. 13 N., R. 23 E.; thence west along the south section line of section 28 to the northeast corner of section 32, T. 13 N., R. 23 E.; thence south along the east section line of section 32, to the southwest corner of section 33 and the south township line of T. 13 N., R. 23 E.; thence continuing south along the east section line of sections 5, 8, 17 and 20 to the southeast corner of section 20, T. 12 N., R. 23 E.; thence west along the south section line of section 20 to the northeast corner of section 30, T. 12 N., R. 23 E.; thence south along the east section line of sections 30 and 31 to the southwest corner of section 32, T. 12 N., R. 23 E.; thence east along the south section line of section 32, T. 12 N., R. 23 E., to the northeast corner of section 5, T. 11 N., R. 23 E.; thence south along the east section line of sections 5 and 8 to the southwest corner of section 9, T. 11 N., R. 23 E.; thence east along the south section line of section 9 to the north-south quarter section line of section 16, T. 11 N., R. 23 E.; thence south along the north-south quarter section line of section 16 to the south section line of section 16, T. 11 N., R. 23 E.; thence east along the south section line of section 16 to the north-east corner of section 21, T. 11 N., R. 23 E.; thence south along the east section line of sections 21, 28 and 33 to the southeast corner of section 33, T. 11 N., R. 23 E.; thence west along the south section line of section 33, T. 11 N., R. 23 E., to the northeast corner of section 4, T. 10 N., R. 23 E.; thence south along the east section line of sections 4, 9 and 16 to the southwest corner of the N 1/2 of the N 1/2 of section 15, T. 10 N., R. 23 E.; thence east along the south line of the N 1/2 of the N 1/2 of section 15 to the east section line of section 15, T. 10 N., R. 23 E.;
κ1969 Statutes of Nevada, Page 320 (CHAPTER 213, SB 75)κ
thence north along the east section line of section 15 to the southwest corner of section 11, T. 10 N., R. 23 E.; thence east along the south section line of sections 11 and 12 to the northeast corner of section 13, T. 10 N., R. 23 E.; thence south along the east section line of sections 13, 24, 25 and 36 to the southeast corner of section 36 and the south township line of T. 10 N., R. 23 E.; thence continuing south along the east line of sections 1 and 12, T. 9 N., R. 23 E., to the southwest corner of section 7, T. 9 N., R. 24 E.; thence east along the south section line of section 7 to the northeast corner of section 18, T. 9 N., R. 24 E.; thence south along the east section line of sections 18, 19, 30 and 31 to the southeast corner of section 31, T. 9 N., R. 24 E.; thence continuing south along the east section line of the unsurveyed sections 6, 7, 18, 19 and 30, T. 8 N., R. 24 E., to the Nevada-California state line. All township and range references are to the Mount Diablo Base and Meridian.
Sec. 18. NRS 243.230 is hereby amended to read as follows:
243.230 There shall be a county, to be known as Lyon County, to include all that part of the [Territory] State of Nevada within the boundaries described as follows: Beginning at the southeast corner of Washoe County; thence following the north line of [Ormsby County] Carson City in a southeasterly direction to the Half Way House, between Silver City and the urban service district of Carson City; thence following the line of [Ormsby County] Carson City to Douglas County; thence following the northerly boundary of Douglas County to the 119th meridian of west longitude; thence north 5 miles; thence, by direct line, northwesterly to a point on the Carson River 1 mile below Reeds Station; thence north 3 miles; thence westerly by a direct line to the southern boundary of the Gold Hill Mining District, but running so as to include in this county the Devils Gate Toll House; thence, continuing westerly in the same course, to the eastern boundary of Washoe County; and thence southerly along the eastern boundary of Washoe County to the place of beginning.
Sec. 19. NRS 243.340 is hereby amended to read as follows:
243.340 1. There shall be a county, to be known as Washoe County, to include all that part of the State of Nevada within the boundaries described as follows: Beginning at the northwest corner of [Ormsby County,] Carson City, and running easterly along the northern boundary of [Ormsby County] Carson City to the summit of the mountains east of Washoe Lake; thence in a northerly course along the summit of the mountains to the lower end of the Big Meadows, on the Truckee River; thence down the Truckee River to its lower crossing; thence S. 53°06′03″ E. to a point in the Immigrant Road further described as being a 1 1/4-inch iron pipe marked Storey, Lyon and Washoe; thence S. 27°5357 W., 2,021.40 feet along the easterly line of Storey County to a point in the section line common to sections 3 and 10, T. 20 N., R. 24 E., M.D.B. & M.; thence easterly along the section lines common to sections 3 and 10, sections 2 and 11 and sections 1 and 12, T. 20 N., R. 24 E., and sections 6 and 7 and sections 5 and 8, T. 20 N., R. 25 E., M.D.B. & M., to its intersection with the northerly right-of-way line of Interstate Highway 80; thence N. 38°41′41″ E., 1,665.47 feet to a point marked by a sandstone monument measuring 12 inches by 12 inches by 4 feet located on an extension of the summit of mountains lying east of the Truckee River, and being common to Churchill, Lyon and Washoe counties; thence north, on the main summit of the mountains, to a point from which, running direct west, would intersect the Truckee River at its mouth in Pyramid Lake; thence due west, to the California line; thence south to the place of beginning.
κ1969 Statutes of Nevada, Page 321 (CHAPTER 213, SB 75)κ
River, and being common to Churchill, Lyon and Washoe counties; thence north, on the main summit of the mountains, to a point from which, running direct west, would intersect the Truckee River at its mouth in Pyramid Lake; thence due west, to the California line; thence south to the place of beginning.
2. Notwithstanding anything to the contrary in subsection 1, the common boundary line between [Ormsby County] Carson City and Washoe County is redefined on July 1, 1967, and such boundary line is hereby established as provided in NRS 243.320.
Sec. 20. Chapter 243 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever used in the Statutes of Nevada and Nevada Revised Statutes, the term county includes Carson City.
2. Except as limited by the charter of Carson City or by ordinances enacted by authority thereof, those provisions of the statutes of Nevada or Nevada Revised Statutes which refer to the several counties apply equally to Carson City.
Sec. 21. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever used in the Statutes of Nevada and Nevada Revised Statutes, the terms board of county commissioners, or board, when referring to the boards of county commissioners of the several counties, includes the board of supervisors of Carson City.
Sec. 22. NRS 244.120 is hereby amended to read as follows:
244.120 1. The board of supervisors of Carson City and the boards of county commissioners of the several counties are authorized and empowered, in their discretion, to become members of the Nevada Association of County Commissioners, heretofore organized, which organization is hereby confirmed, and, for the purpose of paying their respective membership dues and expenses of attending the annual meeting of the association, the supervisors or county commissioners may include in the annual budget of their respective [counties] governments the amount of money estimated to be necessary to pay such expenses.
2. The amount set forth in the budget shall be included in the annual tax levy for the county or Carson City under the provisions of law regulating the fiscal management of counties, cities, towns, school districts and other governmental agencies found in chapter 354 of NRS.
3. Claims for such expenses shall be presented and allowed as now provided by law for other claims against the county [;] or Carson City; but per diem and travel expenses shall be allowed as provided in NRS 245.060.
Sec. 23. NRS 244.3071 is hereby amended to read as follows:
244.3071 As used in NRS 244.3071 to 244.30792, inclusive, unless the context requires otherwise:
1. Board means the board of county commissioners [.] and includes the board of supervisors of Carson City.
2. Commission means the county park and recreation commission.
3. Commissioner means a member of the commission.
4. Facilities means any recreational or park property authorized by NRS 244.3071 to 244.30792, inclusive.
κ1969 Statutes of Nevada, Page 322 (CHAPTER 213, SB 75)κ
Sec. 24. NRS 244.308 is hereby amended to read as follows:
244.308 As used in NRS 244.308 to 244.3092, inclusive, unless the context requires otherwise:
1. Board means the board of county commissioners [.] and includes the board of supervisors of Carson City.
2. Commission means the county park commission.
3. Commissioner means a member of the commission.
4. Facilities means any recreational or park property authorized by NRS 244.308 to 244.3092, inclusive.
Sec. 25. NRS 244.645 is hereby amended to read as follows:
244.645 1. Whenever the board of county commissioners of any county or the board of supervisors of Carson City desires the powers granted in NRS 244.640 to 244.780, inclusive, to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of such powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244.640 to 244.780, inclusive. After approval of the resolution, the county or city clerk shall:
(a) Cause a copy of the resolution to be published promptly once in a newspaper published in and of general circulation in the county [;] or city; and
(b) [Cause] In the case of a county, cause a certified copy of the resolution to be mailed by registered mail to the mayor or other chief executive officer of each incorporated city within the county.
2. In counties having a population of 120,000 or more, the county fair and recreation board shall be selected as provided in NRS 244.7802. In counties having a population of 30,000 or more and less than 120,000, the most populous incorporated city in the county shall be represented on the county fair and recreation board by two members, and the next most populous incorporated city by one member. In counties having a population of 11,000 or more and less than 30,000, and in which there is one or more incorporated city, each incorporated city, except an incorporated city which is the county seat, shall be represented by one member and any incorporated city which is the county seat shall be represented by four members. Within 30 days after the day of publication of the resolution or the day on which the last of the copies of the resolution was mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city council or board of trustees to serve on the board for the remainder of his or their terms of office. The clerk or secretary of the city shall promptly certify the appointment by registered mail to the county clerk. In counties having a population of less than 11,000, any incorporated city which is the county seat shall be represented by one member, who shall be appointed and certified as provided in this section, and the board of county commissioners shall appoint three representatives as follows:
(a) One member to represent the motel operators in the county.
(b) One member to represent the hotel operators in the county.
(c) One member to represent the other commercial interests in the county.
3. In counties having a population of 30,000 or more and less than 120,000, two members of the board of county commissioners shall be appointed by the board of county commissioners to serve on the board for the remainder of their terms of office.
κ1969 Statutes of Nevada, Page 323 (CHAPTER 213, SB 75)κ
120,000, two members of the board of county commissioners shall be appointed by the board of county commissioners to serve on the board for the remainder of their terms of office. In counties having a population of less than 30,000, one member of the board of county commissioners shall be appointed by the county commissioners to serve on the board for the remainder of his term of office.
4. Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
5. In Carson City the board of supervisors shall appoint five representatives to the fair and recreation board established as provided in subsection 1 as follows:
(a) Two members to represent the hotel and motel operators in the city.
(b) One member to represent the other commercial interests in the city.
(c) One member who is a member of the board of supervisors.
(d) One member to represent the city at large.
Sec. 26. NRS 244.784 is hereby amended to read as follows:
244.784 Board means the board of county commissioners [.] and includes the board of supervisors of Carson City.
Sec. 27. NRS 244.788 is hereby amended to read as follows:
244.788 County means any county in the state. For the purposes of NRS 244.781 to 244.814, inclusive, Carson City is considered as a county.
Sec. 28. NRS 244.825 is hereby amended to read as follows:
244.825 Board means the board of county commissioners [.] and includes the board of supervisors of Carson City.
Sec. 29. NRS 244.829 is hereby amended to read as follows:
244.829 County means any county in the state. For the purposes of NRS 244.815 to 244.919, inclusive, Carson City is considered as a county.
Sec. 30. Chapter 248 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The provisions of chapter 130, Statutes of Nevada 1969, apply to the sheriff of Carson City.
Sec. 31. (Deleted by amendment.)
Sec. 32. NRS 251.070 is hereby amended to read as follows:
251.070 1. [Except as provided in NRS 251.060, county] County auditors in counties wherein the total vote at the last general election did not exceed 800, and county auditors in counties wherein the total vote at the last general election exceeded 800, shall be allowed the following fees:
Counties Counties
Polling Polling
800 Votes Over 800
or Less Votes
For filing treasurers receipts and issuing licenses, to be paid by the party............................................................................. $0.50...................................................................................... $0.25
For all services rendered by him in the discharge of the duties imposed on him by law, other than those specially enumerated, for each folio............................................................... .30 .20
For filing and endorsing each paper............................... .25 .20
κ1969 Statutes of Nevada, Page 324 (CHAPTER 213, SB 75)κ
2. County auditors shall receive no fees for filing and endorsing the property schedules rendered them by the county assessors.
3. County auditors shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.
4. The auditor of Carson City shall be allowed the same fees as are allowed county auditors in counties wherein the total vote at the last general election did not exceed 800.
Sec. 33. NRS 258.130 is hereby amended to read as follows:
258.130 1. Constables of Elko, Eureka [,] and Humboldt [and Ormsby Counties] counties and Carson City shall be allowed the following fees for their services:
For serving summons or other process by which suit is commenced in civil cases .............................................................................................................. $1.00
For summoning a jury before a justice of the peace............................. 2.00
For taking a bond or undertaking............................................................ 1.00
For serving an attachment against the property of a defendant........ 2.00
For serving subpenas, to each witness.................................................. .25
For summoning and swearing a jury to try the rights of property, and taking the verdict.................................................................................................. 2.00
For a copy of any writ, process or other paper, when demanded or required by law, per folio........................................................................................ .30
For drawing and executing every constables deed to be paid by the grantee, who shall also pay for the acknowledgment thereof............................. 5.00
For each certificate of sale of real property under execution.............. 1.00
For levying an execution or executing an order of arrest in civil cases, or order for the delivery of personal property, with traveling fees, as for summons .............................................................................................................. 2.00
For making and posting notices and advertising property for sale on execution, not to include the cost of publication in a newspaper................. 2.00
For mileage in serving summons, attachments, executions, orders, venire, subpena or other process in civil cases, for each mile necessarily traveled, in going only...................................................................................................... .50
But when two or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction.
2. A constable shall also be allowed:
(a) For receiving and taking care of property on execution, attachment or order, his actual necessary expenses, to be allowed by the justice of the peace who issued the execution, attachment or order, upon the affidavit of the constable that such charges are correct and the expenses necessarily incurred.
(b) For collecting all sums on execution, to be charged against the defendant in execution, 2 percent.
(c) For services and travel in criminal cases, the same fees as are allowed sheriffs for like services.
κ1969 Statutes of Nevada, Page 325 (CHAPTER 213, SB 75)κ
(d) For all other services, except for attending court, the same fees as are allowed sheriffs for similar services.
3. Constables shall, on or before the 5th day of each month, account for and pay to the county or Carson City treasurer all fees collected during the preceding month, except fees which may be retained as compensation.
Sec. 34. NRS 268.616 is hereby amended to read as follows:
268.616 Commission means a city annexation commission or, for the purposes of NRS 268.630 to 268.670, inclusive, in counties where no city annexation commission exists, the board of county commissioners [.] , or in Carson City, the board of supervisors.
Sec. 35. NRS 271.015 is hereby amended to read as follows:
271.015 1. This chapter shall apply:
(a) To any unincorporated city or unincorporated town.
(b) To any incorporated city, including Carson City, or any incorporated town, whether incorporated or governed under a general act, special legislative act or special charter, enacted, adopted or granted pursuant to section 1 or 8 of article 8 of the constitution of the State of Nevada, or otherwise, except to the extent that the legislature of the state cannot constitutionally and validly modify the government and powers of any such municipality by the adoption of this chapter.
2. Nothing herein contained shall prevent any act or charter appertaining to any municipality or other subdivision of the state to which this chapter does not apply by the terms hereof from adopting the provisions hereof as from time to time amended, or otherwise, by expressed reference therein to the provisions hereof.
Sec. 36. NRS 271.115 is hereby amended to read as follows:
271.115 1. Governing body means the city council, city commission, board of commissioners, board of trustees, board of directors, board of supervisors or other legislative body of the public body proceeding hereunder in which body the legislative powers of the public body are vested.
2. In the case of an unincorporated city or town, governing body means the board of county commissioners or, if appropriate, the town board.
Sec. 37. NRS 271.145 is hereby amended to read as follows:
271.145 Municipality means any unincorporated city, unincorporated town, incorporated city or incorporated town in the state, including Carson City, whether incorporated or governed under a general act, special legislative act or special charter of any type, except as provided in NRS 271.015. Municipal pertains thereto.
Sec. 38. Chapter 277 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of supervisors of Carson City may appoint the member of the governing body of the Tahoe Regional Planning Agency from Ormsby County.
2. All other powers, duties and privileges vested in Ormsby County and the board of county commissioners of Ormsby County by the Tahoe Regional Planning Compact are hereby vested in Carson City and the board of supervisors of Carson City.
Sec. 39. NRS 277.050 is hereby amended to read as follows:
277.050 1. As used in this section, public agency includes the United States or a department or agency thereof, the State of Nevada or a department or agency thereof, a county, Carson City, a public corporation and a public district.
κ1969 Statutes of Nevada, Page 326 (CHAPTER 213, SB 75)κ
United States or a department or agency thereof, the State of Nevada or a department or agency thereof, a county, Carson City, a public corporation and a public district.
2. Without a vote of the electors of a public agency first being had, the governing body thereof is authorized:
(a) To sell or exchange to another public agency any unused real property belonging to it, which, at the time of delivery of title or possession, is no longer required for public use by the selling or exchanging public agency.
(b) To lease to another public agency, for a term not exceeding 99 years, any unused real property belonging to it, which, at the time of delivery of possession, is no longer required for public use by the lessor public agency.
3. A sale or exchange may be:
(a) Negotiated without advertising for public bids.
(b) Made for cash or property, or for part cash and property, or for part cash and terms of deferred payments secured by mortgage or deed of trust, but the purchasing public agency or exchanging public agencies shall pay or convey property worth an amount at least equal to the current appraised value of the real property being conveyed or exchanged. Funds derived from a sale shall be used for capital outlay.
4. A lease may be:
(a) Negotiated without advertising for public bids.
(b) Made for such consideration as may be authorized by action of the governing body of the lessor public agency.
5. Before ordering the sale, exchange or lease of any such property the governing body of a public agency shall, in a regular open meeting, by a majority vote of its members, adopt a resolution declaring its intention to sell or exchange the same, or a resolution declaring its intention to lease the same, as the case may be. The resolution shall:
(a) Describe the property proposed to be sold, exchanged or leased in such a manner as to identify it.
(b) Specify the minimum price, consideration or rent and the terms upon which it will be sold, exchanged or leased.
(c) Fix a time not less than 2 weeks thereafter for a public meeting of the governing body, at which meeting objections to the sale, exchange or lease may be made by the electors of the public agency.
6. Notice of the adoption of the resolution and of the time and place of the public meeting shall be published in a newspaper of general circulation published in the county in which the public agency or any part thereof is situated. The notice shall be published not less than twice, on successive days, the last publication to be not less than 7 days before the date of the public meeting.
7. Any resolution accepting a bid or any other form of acceptance of a bid by another public agency shall authorize and direct the chairman, president or other presiding officer of the governing body of the selling, exchanging or lessor public agency to execute a deed or lease and to deliver the same to the purchasing, exchanging or lessee public agency upon the performance and compliance by it of all the terms and conditions of the contract to be performed concurrently therewith.
κ1969 Statutes of Nevada, Page 327 (CHAPTER 213, SB 75)κ
Sec. 40. NRS 277.100 is hereby amended to read as follows:
277.100 As used in NRS 277.080 to 277.180, inclusive, unless the context otherwise requires:
1. Public agency means:
(a) Any political subdivision of this state, including without limitation counties, incorporated cities and towns, including Carson City, unincorporated cities or towns, school districts and other districts.
(b) Any agency of this state or of the United States.
(c) Any political subdivision of another state.
2. State includes any of the United States and the District of Columbia.
Sec. 41. NRS 278.010 is hereby amended to read as follows:
278.010 1. For the purpose of this chapter:
(a) Building code means ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.
(b) Cities and counties means all counties and cities located in counties. Carson City is considered as a county.
(c) Commission means the planning commission of the city, the county or the region, as established by ordinance.
(d) Final map means a map prepared in accordance with the provisions of this chapter and those of any applicable local ordinance, which map is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located [.] or the recorder of Carson City.
(e) Governing body means the city council or the board of county commissioners [.] or, in the case of Carson City, the board of supervisors.
(f) Improvement means only such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for general use of property owners in the subdivision and local neighborhood traffic and drainage needs.
(g) Local ordinance means an ordinance enacted by the governing body of any city or county, under the powers herein granted and within the limitations herein set forth, regulating the design and improvement of land subdivisions. A certified copy of the ordinance and amendments thereto shall be recorded in the office of the county recorder [.] or the recorder of Carson City.
(h) Record of survey map means a map prepared as provided in this chapter and conforming to the provisions herein.
(i) Right-of-way includes all public and private rights-of-way and shall include all areas required for public use in accordance with any master plan or parts thereof.
(j) Streets includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights-of-way, and other ways.
(k) Subdivider means a person, firm, corporation, partnership or association who causes land to be divided into a subdivision for himself or for others.
(l) Subdivision refers to any land or portion thereof subject to the provisions of this chapter.
κ1969 Statutes of Nevada, Page 328 (CHAPTER 213, SB 75)κ
(m) Tentative map means a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property.
2. Whenever appropriate, the singular includes the plural and the plural includes the singular.
Sec. 42. NRS 278.040 is hereby amended to read as follows:
278.040 1. Six members of the planning commission shall be appointed by the chief executive officer of the city, or in the case of a county by the chairman of the board of county commissioners, with the approval of the governing body. The appointed members shall hold no other public office, except that one such appointed member may be a member of the zoning board of adjustment.
2. The chief engineer or surveyor or his designated deputy and two other officials, one of whom may be a member of the governing body, shall be ex officio members.
3. In Carson City, the members of the planning commission established as provided in NRS 278.030 shall be appointed by the mayor, with the approval of the board of supervisors, as follows:
(a) Six members shall be appointed from the city at large.
(b) The chief engineer or his designated deputy and two other city officials, one of whom may be a member of the board of supervisors, shall be appointed as ex officio members.
4. All members of the commission shall serve as such without compensation excepting reasonable traveling expenses made necessary in the fulfillment of their duties.
[4.] 5. The term of each member appointed after February 15, 1959, shall be 4 years, or until his successor takes office, except that the terms of two of the members first appointed shall be 3 years, and the respective terms of two members first appointed shall be 1 and 2 years. Members appointed prior to February 15, 1959, may serve the balance of the term for which they were appointed.
[5.] 6. Members may be removed, after public hearing, by a majority vote of the governing body for inefficiency, neglect of duty or malfeasance of office.
[6.] 7. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term.
Sec. 43. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers shall be elected:
(a) A governor.
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be entitled.
(f) Five justices of the supreme court.
(g) District judges, as provided in NRS 3.010.
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
κ1969 Statutes of Nevada, Page 329 (CHAPTER 213, SB 75)κ
(k) A state controller.
(l) An attorney general.
(m) A superintendent of state printing.
(n) An inspector of mines.
(o) Other officers whose elections are provided for by law.
(p) For each county [:] , and the equivalent officers for Carson City:
(1) One county clerk, who shall be ex officio clerk of the board of county commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by law.
(5) One county assessor.
(6) One county treasurer.
(7) One county surveyor.
(8) The number of county commissioners as provided by law.
(9) One county recorder, who shall be ex officio county auditor.
(10) Justices of the peace.
(11) Constables, except where otherwise provided by law.
2. The following officers shall be appointed:
(a) Notaries public.
(b) Commissioners of deeds for the respective states and territories of the United States and foreign countries.
(c) All officers who are not elected.
Sec. 44. NRS 327.010 is hereby amended to read as follows:
327.010 1. The system of plane coordinates which has been established by the United States Coast and Geodetic Survey for defining and stating the positions or locations of points on the surface of the earth within the State of Nevada is hereafter to be known and designated as the Nevada coordinate system.
2. For the purpose of the use of this system the state is divided into an east zone, a central zone, and a west zone.
3. The area now included in the following counties shall constitute the east zone: Clark, Elko, Eureka, Lincoln and White Pine.
4. The area now included in the following counties shall constitute the central zone: Lander and Nye.
5. The area now included in Carson City and the following counties shall constitute the west zone: Churchill, Douglas, Esmeralda, Humboldt, Lyon, Mineral, [Ormsby,] Pershing, Storey and Washoe.
Sec. 45. NRS 328.010 is hereby amended to read as follows:
328.010 1. Except as provided in subsection 3, the consent of the legislature of the State of Nevada is hereby given to the acquisition by the United States, by purchase, exchange, gift or condemnation with adequate compensation, of such lands in the State of Nevada, as bounded and described in subsection 2, as in the opinion of the Government of the United States may be needed for purposes of reforestation, or for the establishment, consolidation and extension of national forests within this state, under the provisions of those certain Acts of Congress relating to the acquisition of forest lands and the reforestation of denuded lands known as:
(a) The Weeks Act, approved March 1, 1911, and amendments thereto, which act is 16 U.S.C.
κ1969 Statutes of Nevada, Page 330 (CHAPTER 213, SB 75)κ
thereto, which act is 16 U.S.C. §§ 513-521, both inclusive, and 16 U.S.C. § 552 and § 563; and
(b) The Clarke-McNary Act, approved June 7, 1924, and amendments thereto, which act is 16 U.S.C. §§ 564-570, both inclusive; and
(c) The Forest Exchange Act of March 20, 1922, which act is 16 U.S.C. §§ 485 and 486.
2. The lands, the acquisition of which by the United States is herein consented to, are those certain lands situate in the State of Nevada bounded and described as follows:
(a) All that area of land lying west of State Highway No. 395 as now located, beginning at the point of intersection of the highway with the California-Nevada state line, in section 19, T. 21 N., R. 18 E., M.D.B. & M.; thence easterly and southerly along the highway to the point of intersection of the Walleys Hot Springs county road and the highway in section 31, T. 15 N., R. 20 E., M.D.B. & M.; thence along the county road to its point of intersection with the California-Nevada state line in section 26, T. 12 N., R. 19 E., M.D.B. & M.; thence northwesterly and north along the California-Nevada state line to the point of beginning.
(b) All that area of land bounded and described as follows: Beginning at the point of intersection of the California-Nevada state line and the Long Valley road in section 15, T. 11 N., R. 20 E., M.D.B. & M., northerly to the Dressler road in section 22, T. 12 N., R. 20 E., M.D.B & M.; thence easterly on the Dressler road to State Highway No. 395; thence southeasterly to the point of intersection with the Carson River guide meridian line between Range 20 East and Range 21 East; north on this line to the point of intersection with the Carson River; thence easterly following the Carson River to the point of its intersection with the Eldorado Canyon road; thence south and easterly on the Eldorado Canyon road to its intersection with the [Lyon-Ormsby county] Carson City-Lyon County line in section 6, T. 15 N., R. 22 E., thence southerly along the county line to its intersection with the Lyon-Douglas county line in section 8, T. 14 N., R. 22 E.; thence east along this county line to its intersection with the range line between Ranges 22 and 23 East in section 12, T. 14 N., R. 22 E.; thence south on this range line to its point of intersection with the California-Nevada state line in section 19, T. 9 N., R. 23 E., thence northwesterly along the California-Nevada state line to point of beginning.
3. The provisions of this section shall not apply to any lands described in subsection 2 which are within the boundaries of [Ormsby and Douglas Counties,] Carson City and Douglas County, Nevada.
4. The State of Nevada hereby reserves the right to tax persons and corporations and their property situate on the described lands pursuant to its tax and revenue laws. The state hereby retains its civil and criminal jurisdiction over all persons within or who may come within any of the lands, except as to offenses against the United States, and all such persons shall retain all their rights and privileges and perform their duties as citizens and inhabitants of the state according to its laws.
Sec. 46. NRS 328.240 is hereby amended to read as follows:
328.240 1. The jurisdiction of the State of Nevada is hereby ceded to the United States of America over the following lots, pieces and parcels of land, situate, lying and being in Douglas County, State of Nevada, and bounded and particularly described as follows: The E 1/2 of Lot 2 of the NW 1/4 of section 5 in T.
κ1969 Statutes of Nevada, Page 331 (CHAPTER 213, SB 75)κ
and bounded and particularly described as follows: The E 1/2 of Lot 2 of the NW 1/4 of section 5 in T. 14 N., R. 20 E., M.D.B & M., containing 38.66 acres; the land to be used and occupied by the United States of America for the use and benefit of the Indian School now situate in [Ormsby County,] Carson City, Nevada, and adjoining the land over which jurisdiction is hereby ceded.
2. Jurisdiction over the land is hereby retained by the State of Nevada for the purpose of the service of all criminal and civil writs and process thereon and therein.
3. This section shall remain in full force and effect as long as the United States of America shall use and occupy the land for the uses and purposes stated herein.
Sec. 47. NRS 328.290 is hereby amended to read as follows:
328.290 1. After March 28, 1941, the state board of control of the State of Nevada is hereby authorized and directed to make, execute and deliver, without cost, to the United States of America, for cooperative fire protection headquarters and nursery site in addition to administrative purposes of the Forest Service, Department of Agriculture, a conveyance of the following-described real property in [Ormsby County,] Carson City, Nevada: That portion of the N 1/2 of the SW 1/4 of the NW 1/4 of section 20, T. 15 N., R. 20 E., M.D.B. & M., lying west of the westerly state highway right-of-way line, approximately 16 acres.
2. The conveyance of the real property shall be by deed in such form as the Attorney General of the United States shall prescribe and shall bear the seal of the State of Nevada affixed by the secretary of state of the State of Nevada; provided:
(a) The conveyance shall contain the condition that in the event no physical improvements, such as buildings or dwellings, shall have been constructed upon such real property within 5 years after March 28, 1941, or if the use of such real property for all such administrative purposes as described in subsection 1 should be discontinued for a period of 5 years, the real property shall be deemed relinquished and by proper conveyance shall be reconveyed by the United States of America to the State of Nevada; and
(b) The conveyance shall contain no term or terms whereby will be surrendered or cause to be surrendered any jurisdiction of this state over the lands and people and property thereon situate that the state now possesses over the public domain belonging to the United States within this state.
Sec. 48. NRS 331.160 is hereby amended to read as follows:
331.160 1. The Marlette Lake water system, comprised of the water rights, land, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Carson City and Washoe [, Ormsby] and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.
2. The purposes of the Marlette Lake water system are:
(a) To preserve and protect the sources of water.
(b) To provide adequate supplies of water to the areas served.
(c) To improve and preserve the watershed.
κ1969 Statutes of Nevada, Page 332 (CHAPTER 213, SB 75)κ
(d) To maintain distribution lines, flumes, dams, culverts, bridges and all other appurtenances of the system in a condition calculated to assure dependable supplies of water.
(e) To sell water under equitable and fiscally sound contractual arrangements.
3. The department of administration is designated as the state agency to supervise and administer the functions of the Marlette Lake Water System.
4. The director of the department of administration may assign the supervision and administration of the functions of the Marlette Lake water system to one of the divisions of the department or may establish a separate division to carry out the purposes of NRS 331.160 to 331.180, inclusive.
5. Subject to the limit of funds provided by legislative appropriation or expenditures authorized pursuant to the provisions of chapter 353 of NRS, or both, the chief of the division shall employ necessary staff to carry out the provisions of NRS 331.160 to 331.180, inclusive. The water system supervisor employed by the private owner of the system on the date of acquisition by the State of Nevada shall be employed by the chief of the division, which position shall be in the unclassified service of the state until such employee terminates his employment with the state. Such employee shall receive an annual salary in the amount specified in NRS 281.115. Thereafter such position shall be in the classified service of the state.
Sec. 49. NRS 350.002 is hereby amended to read as follows:
350.002 1. There is hereby created in Carson City and in each county a general obligation bond commission, to be composed of one representative of the county, one representative of the school district and the following additional representatives:
(a) In each county which contains more than one incorporated city or town:
(1) One representative of the city or town in which the county seat is located;
(2) One representative of the other incorporated cities or towns jointly; and
(3) One representative of the public at large.
(b) In each county which contains but one incorporated city or town:
(1) One representative of the incorporated city or town; and
(2) Two representatives of the public at large.
(c) In each county which contains no incorporated city or town, one representative of the public at large.
(d) In Carson City, the general obligation bond commission shall consist of one representative of the board of supervisors, one representative of the school district, and three representatives of the public at large.
2. Each representative of a single local government shall be chosen by its governing body. Each representative of two or more local governments shall be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the public at large shall be chosen by the other members of the commission from residents of the county who have a knowledge of its financial structure. A tie vote shall be resolved by lot.
κ1969 Statutes of Nevada, Page 333 (CHAPTER 213, SB 75)κ
[2.] 3. The first members of the commission shall be chosen within 30 days following July 1, 1965, and shall serve until December 31, 1966. Their respective successors shall be chosen in January of each odd-numbered year beginning in 1967, and shall hold office for a term of 2 years beginning January 1.
[3.] 4. Any vacancy shall be filled in the same manner as the original choice was made for the remainder of the unexpired term.
Sec. 50. NRS 361.340 is hereby amended to read as follows:
361.340 1. The board of equalization of each county shall consist of:
(a) The board of county commissioners.
(b) One member of the board of trustees of the county school district to be selected by the board of trustees.
(c) One member of a city council or like officer of each incorporated city in the county to be appointed by the city council of such city. If there be no incorporated city within the county, the board of county commissioners shall appoint a taxpayer, residing within an unincorporated city, town or village in the county, who is not a member of the board of county commissioners.
The clerk of the board of county commissioners shall be the clerk of the county board of equalization.
2. In Carson City the board of equalization shall consist of:
(a) The board of supervisors.
(b) One member of the board of trustees of the city school district to be selected by the board of trustees.
(c) One taxpayer residing in the city who is not a member of the board of supervisors,
and shall be considered as a county board of equalization. The city clerk shall be the clerk of the board of equalization.
3. A majority of the members of the county board of equalization shall be sufficient to constitute a quorum, and a majority of the board shall determine the action of the board.
[3.] 4. The county board of equalization of each county shall meet during the month of January of each year, and shall hold such number of meetings during that month as may be necessary to care for the business of equalization presented to it, and in any event shall meet at least once each week during the time provided by this section. The county board of equalization shall conclude the business of equalization on or before the 25th day of January of each year. The Nevada tax commission shall have power to establish procedures for the county boards, including setting the period for hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of county boards of equalization to explain legal provisions and the authority of the county boards.
[4.] 5. The county assessor or the assessor of Carson City shall attend all meetings of the county board of equalization, without additional compensation.
Sec. 51. NRS 365.560 is hereby amended to read as follows:
365.560 1. The receipts of the tax as levied in NRS 365.190 shall be allocated monthly by the tax commission to the counties in which the tax payment originates. All receipts of such tax originating in Carson City shall be allocated monthly to Carson City.
κ1969 Statutes of Nevada, Page 334 (CHAPTER 213, SB 75)κ
2. Such receipts shall be apportioned between the county, towns with town boards as organized under NRS 269.016 to 269.019, inclusive, and incorporated cities within the county from the general road fund of the county in the same ratio as the assessed valuation of property within the boundaries of such towns or incorporated cities within the county bears to the total assessed valuation of property within the county, including property within the towns or incorporated cities.
3. All such money so apportioned to a county or Carson City shall be expended by the county or Carson City solely for the construction, maintenance and repair of the public highways of the county or Carson City and for the purchase of equipment for such work, and shall not be used to defray the expenses of administration.
4. All such money so apportioned to towns or incorporated cities shall be expended only upon the streets, alleys and public highways of such town or city, other than state highways, under the direction and control of the governing body of the town or city.
Sec. 52. NRS 366.660 is hereby amended to read as follows:
366.660 1. No injunction, writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against this state or any officer thereof to prevent or enjoin the collection under this chapter of any excise tax or other amount required to be collected.
2. After payment of any such excise tax or other amount under protest, duly verified and setting forth the grounds of objection to the legality thereof, filed with the department at the time of payment of the tax or other amount protested, the special fuel dealer or special fuel user making the payment may bring an action against the state treasurer in the district court in and for [Ormsby County] Carson City for the recovery of the amount so paid under protest.
Sec. 53. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by this chapter, less any refunds granted as provided by law, shall be paid to the tax commission in the form of remittances payable to the Nevada tax commission.
2. The tax commission shall:
(a) As compensation to the state for the costs of collecting the taxes and license fees, transmit $33,000 annually from the remittances made to it pursuant to subsection 1 to the state treasurer, who shall deposit the same to the credit of the tax commission. Such deposited moneys shall be expended by the tax commission in accordance with its work program established pursuant to law.
(b) Transmit the balance of such payments to the state treasurer to be deposited in the state treasury to the credit of the cigarette tax fund.
(c) Report to the state controller quarterly the amount of collections.
3. The money in the cigarette tax fund is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce and apportioned as follows:
(a) If there are no incorporated cities within the county, the entire amount shall go into the county treasury.
(b) If there is one incorporated city within the county the money shall be apportioned between the city and the county on the basis of the population of such city and the population of such county excluding the population of such city, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
κ1969 Statutes of Nevada, Page 335 (CHAPTER 213, SB 75)κ
shall be apportioned between the city and the county on the basis of the population of such city and the population of such county excluding the population of such city, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
(c) If there are two or more incorporated cities within the county, the entire amount shall be apportioned among such cities in proportion to their respective populations as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
(d) In Carson City the entire amount shall go into the city treasury.
Sec. 54. NRS 373.040 is hereby amended to read as follows:
373.040 1. In counties having a population of 25,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the commission shall be composed of representatives selected as follows:
(a) Two by the board.
(b) Two by the governing body of the largest city.
(c) One by the governing body of each additional city in the county.
2. In counties having a population of less than 25,000 as so determined, the commission shall be composed of representatives selected as follows:
(a) If the county contains a city:
(1) Two by the board.
(2) One by the governing body of the largest city.
(b) If the county contains no city, the board shall select:
(1) Two members of the board; and
(2) One representative of the public, who shall be a resident of the largest town, if any, in the county.
3. In Carson City, the commission shall be composed of representatives selected by the board of supervisors as follows:
(a) Two members of the board of supervisors.
(b) One representative of the city at large.
4. The first representative shall be selected within 30 days after passage of the ordinance creating the commission, and shall serve until the next-ensuing December 31 of an even-numbered year. The representative of any city incorporated after passage of the ordinance shall be selected within 30 days after the first meeting of the governing body, and shall serve until the next-ensuing December 31 of an even-numbered year. Their successors shall serve for terms of 2 years, and vacancies shall be filled for the unexpired term.
Sec. 55. NRS 385.280 is hereby amended to read as follows:
385.280 1. Six educational supervision districts are hereby established as follows:
District No. 1. Elko County shall comprise educational supervision district number 1.
District No. 2. White Pine, Nye, Esmeralda and Eureka Counties shall comprise educational supervision district number 2.
District No. 3. Humboldt, Pershing and Lander Counties shall comprise educational supervision district number 3.
κ1969 Statutes of Nevada, Page 336 (CHAPTER 213, SB 75)κ
District No. 4. Washoe and Churchill Counties shall comprise educational supervision district number 4.
District No. 5. Lincoln and Clark Counties shall comprise educational supervision district number 5.
District No. 6. Storey, [Ormsby,] Douglas, Lyon and Mineral Counties and Carson City shall comprise educational supervision district number 6.
2. Notwithstanding the provisions of subsection 1, the state board of education may make such changes in the boundaries of the educational supervision districts as may be found, in the judgment of the state board of education, to be better adapted to the needs of the several educational supervision districts.
Sec. 56. NRS 386.010 is hereby amended to read as follows:
386.010 1. The school districts of the State of Nevada are of two kinds:
(a) County school districts. The Carson City school district shall be considered as a county school district.
(b) Joint school districts.
2. County school districts, the boundaries of which are conterminous with the boundaries of the counties of the state, are hereby created.
3. Joint school districts, composed of all of the territory of two or more contiguous county school districts, may hereafter be created in the manner provided in this Title of NRS.
4. Each county school district created by this chapter and each joint school district which may hereafter be created is hereby declared to be a political subdivision of the State of Nevada whose purpose is to administer the state system of public education.
5. Each school district shall have the power to sue and may be sued.
Sec. 57. NRS 386.030 is hereby amended to read as follows:
386.030 1. Every county school district shall be designated by the name and style of .................... [County] School District (using the name of the county or city the boundaries of which are conterminous with the boundaries of the county school district).
2. Every joint school district shall be designated by the name and style of ....................-.................... Joint School District (using the names of all of the counties the territories of which are included within the boundaries of the joint school district).
Sec. 58. NRS 386.110 is hereby amended to read as follows:
386.110 1. The trustees of a school district shall constitute a board, which is hereby created a body corporate.
2. The board of trustees of a county school district shall be designated by the name and style of The Board of Trustees of the .................... [County] School District (using the name of the county or city the boundaries of which are conterminous with the boundaries of the county school district).
3. The board of trustees of a joint school district shall be designated by the name and style of The Board of Trustees of the .................... Joint School District (using the names of all of the counties the territories of which are included within the boundaries of the joint school district).
κ1969 Statutes of Nevada, Page 337 (CHAPTER 213, SB 75)κ
Sec. 59. NRS 386.170 is hereby amended to read as follows:
386.170 1. At the general election in 1956, in a county school district where 1,000 or more pupils were enrolled during the preceding school year, seven trustees shall be elected at large within the county school district, as follows:
(a) Two persons who reside at the county seat shall be elected for terms of 2 years.
(b) One person who resides at the county seat shall be elected for a term of 4 years.
(c) One person who resides in the county but not at the county seat shall be elected for a term of 2 years.
(d) One person who resides in the county but not at the county seat shall be elected for a term of 4 years.
(e) One person who resides in the county but resides neither at the county seat nor in any incorporated city within the county shall be elected for a term of 4 years.
(f) One person who resides in the county shall be elected for a term of 2 years.
2. Thereafter, at each general election, the offices of school trustees shall be filled for terms of 4 years in the order in which the terms of office expire.
3. Those trustees serving in the Ormsby County School District on the effective date of this act shall serve as trustees of the Carson City School District until the terms for which they were elected are completed. Four persons residing in Carson City shall be elected at the general election in 1970, and at each general election thereafter, for terms of 4 years and three persons residing in Carson City shall be elected in 1972, and at each general election thereafter, for terms of 4 years.
Sec. 60. NRS 387.122 is hereby amended to read as follows:
387.122 For making the apportionments of the state distributive school fund authorized and directed to be made under the provisions of Title 34 of NRS, the basic support guarantee per pupil is established for each of the several school districts in the state as follows:
Carson City School District.................................................................... $513
Churchill County School District....................................................... [$] 511
Clark County School District.................................................................... 474
Douglas County School District.............................................................. 475
Elko County School District..................................................................... 494
Esmeralda County School District........................................................... 1,101
Eureka County School District................................................................. 712
Humboldt County School District........................................................... 500
Lander County School District................................................................ 513
Lincoln County School District............................................................... 664
Lyon County School District................................................................... 507
Mineral County School District............................................................... 514
Nye County School District..................................................................... 543
[Ormsby County School District............................................................. 513]
Pershing County School District............................................................. 517
Storey County School District................................................................. 642
Washoe County School District.............................................................. 477
White Pine County School District......................................................... 530
κ1969 Statutes of Nevada, Page 338 (CHAPTER 213, SB 75)κ
Sec. 61. NRS 423.220 is hereby amended to read as follows:
423.220 1. Except as provided in subsection 2, children residing at the Nevada state childrens home shall attend the public schools of the [Ormsby County] Carson City School District, and shall be entitled to receive therein the full attention, protection and instruction accorded to any other children.
2. The superintendent may, at the request of the parent or parents, allow any child residing at the Nevada state childrens home to attend parochial or private schools in [Ormsby County] Carson City and counties adjoining thereto, at no expense to the State of Nevada.
Sec. 62. NRS 423.235 is hereby amended to read as follows:
423.235 1. Except as provided in NRS 423.230, all moneys received by a child in the Nevada state childrens home, including but not limited to Social Security benefits, benefits paid to heirs of United States employees and payments payable by the United States through the Veterans Administration, shall be held by the superintendent in trust for such child, to be paid over to such child or his parent or legal guardian upon release from the school. No such moneys shall be paid over to a foster parent.
2. The superintendent as trustee shall accumulate such moneys during the period the child is a ward of the state under the provisions of chapter 423 of NRS, and shall invest such moneys subject to the provisions of NRS 164.050 to 164.065, inclusive.
3. The superintendent may be removed as trustee of such moneys only upon application to the First Judicial District Court of the State of Nevada, in and for [the County of Ormsby.] Carson City. Such district court may, for good cause shown and upon notice to the beneficiary, relieve the superintendent from his duties as trustee.
4. The superintendent shall execute a surety bond pursuant to the provisions of NRS 282.230 to 282.350, inclusive, in the sum of $25,000, conditioned on the faithful performance of his duties as trustee.
Sec. 63. 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. In Carson City, all trustees shall be residents of Carson City.
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.
3. At the general election of 1956, a complete new board of five hospital trustees shall be elected for each existing county public hospital.
κ1969 Statutes of Nevada, Page 339 (CHAPTER 213, SB 75)κ
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. 64. NRS 473.031 is hereby amended to read as follows:
473.031 The notice shall:
1. Be headed Notice of the proposed formation of fire protection district in .................... [County] (stating the name of the county or city, in the case of Carson City, or, if there be more than one, the name of the counties in which the proposed district is located).
2. State the fact that the board of county commissioners of the county or the board of supervisors of Carson City has fixed the time and place (which shall be stated in the notice) for a hearing on the matter of the formation of the fire protection district.
3. Describe the territory or shall specify the exterior boundaries of the territory proposed to be organized into a fire protection district.
4. Be published once a week for 2 successive weeks prior to the time fixed for the hearing in the newspaper designated by the board of county commissioners.
Sec. 65. NRS 482.180 is hereby amended to read as follows:
482.180 1. There is hereby created in the state treasury a fund which shall be known as the motor vehicle fund. The state treasurer shall deposit all money received by him from the department or otherwise under the provisions of this chapter in the motor vehicle fund.
2. Funds for the administration of the provisions of this chapter shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of such appropriation the department shall pay every item of expense.
3. The department shall certify monthly to the state board of examiners the amount of privilege taxes collected for each county by the department and its agents during the preceding month, and such funds shall be paid monthly to each county assessor in the same manner as other claims against the state are paid. Privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or inter-county operation shall be distributed among the counties in the following percentages:
κ1969 Statutes of Nevada, Page 340 (CHAPTER 213, SB 75)κ
Carson City.............. 1.07 percent Lincoln................ 3.12 percent
Churchill.................... 5.21 percent Lyon.................... 2.90 percent
Clark........................... 22.54 percent Mineral............... 2.40 percent
Douglas..................... 2.52 percent Nye...................... 4.09 percent
Elko............................. 13.31 percent [Ormsby.............. 1.07 percent]
Esmeralda.................. 2.52 percent Pershing............. 7.00 percent
Eureka........................ 3.10 percent Storey................. .19 percent
Humboldt................... 8.25 percent Washoe.............. 12.24 percent
Lander........................ 3.88 percent White Pine......... 5.66 percent
4. Each county assessor and the assessor of Carson City shall distribute such funds in the same manner, to the same recipients, and in the same ratio, as personal property taxes were distributed in the previous fiscal year, but the State of Nevada shall not be entitled to share in any such distribution. As commission to the state for collecting the privilege taxes on vehicles subject to the provisions of chapters 482 and 706 of NRS the department shall retain 1 percent from Carson City and counties acting as agents of the department and 6 percent from counties where the department has established branch offices. The department shall be held liable for checks dishonored upon presentment for payment which have been received in payment for such taxes as provided in NRS 482.183.
5. When the foregoing requirements have been met, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.
Sec. 66. NRS 482.270 is hereby amended to read as follows:
482.270 1. The director shall order the preparation of motor vehicle license plates with no other colors than blue and silver, the same to be alternated one upon the background and the other upon the letters and numbers in alternate issues of license plates. The director may, in his discretion, substitute white in place of silver when no suitable material is available.
2. The director may determine and vary the size, shape and form and the material of which license plates shall be made, but each license plate shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight. Effective upon the issue of all license plates after January 1, 1967, all license plates shall be so treated as to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, shall be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
3. Every license plate shall have displayed upon it the registration number assigned to the vehicle and to the owner thereof, and the name of the state, which may be abbreviated, and the year for which issued.
4. The registration numbers assigned shall be coded [by] for Carson City and the several counties and consecutively numbered. The code letters shall be at the left of the number plate, [according to counties,] as follows: Carson City, OR; Churchill, CH; Clark, C; Douglas, DS; Elko, EL; Esmeralda, ES; Eureka, EU; Humboldt, HU; Lander, LA; Lincoln, LN; Lyon, LY; Mineral, MN; Nye, NY; [Ormsby, OR;] Pershing, PE; Storey, ST; Washoe, W; White Pine, WP. Prefix letters which do not duplicate nor conflict with the foregoing code letters may be reserved by the department for number plates assignable to dealers, exempt vehicles, motorcycles, trailers and trucks, as may be determined; but the letters I and Q shall not be used for any vehicle.
κ1969 Statutes of Nevada, Page 341 (CHAPTER 213, SB 75)κ
duplicate nor conflict with the foregoing code letters may be reserved by the department for number plates assignable to dealers, exempt vehicles, motorcycles, trailers and trucks, as may be determined; but the letters I and Q shall not be used for any vehicle. Following the county code, or special prefix letter, a series of five or fewer numerals, commencing with 1 to 99,999, shall be used for each county as the need may be. The director may assign an additional letter, excluding H, I, O, P, Q and U, to follow the county code letter in Clark and Washoe counties at any time the number of registrations in such counties requires an additional letter.
Sec. 67. NRS 501.130 is hereby amended to read as follows:
501.130 1. At the general election in 1948, there shall be elected in each county of the state, on a nonpartisan ballot, one person as state fish and game commissioner.
2. The term of office of each commissioner first elected at the 1948 general election shall be:
(a) From the counties of Elko, Lincoln, Nye, Esmeralda, Lyon, Eureka, Pershing and Washoe, 2 years.
(b) From Carson City and the counties of White Pine, Clark, Mineral, Douglas, Lander, Churchill, [Ormsby,] Humboldt and Storey, 4 years.
3. After the expiration of the terms designated in subsection 2, the term of office of each commissioner shall be 4 years.
Sec. 68. NRS 501.335 is hereby amended to read as follows:
501.335 The State of Nevada is divided into the following districts:
1. District No. 1 shall consist of all the waters and lands of White Pine and Elko Counties.
2. District No. 2 shall consist of all the waters and lands of Humboldt, Pershing, Washoe and Storey Counties.
3. District No. 3 shall consist of all the waters and lands of Carson City and Churchill, Lyon, Douglas [, Mineral and Ormsby Counties.] and Mineral Counties.
4. District No. 4 shall consist of all the waters and lands of Eureka, Esmeralda, Nye and Lander Counties.
5. District No. 5 shall consist of all the waters and lands of Clark and Lincoln Counties.
Sec. 69. NRS 512.040 is hereby amended to read as follows:
512.040 1. The inspector of mines shall take and subscribe to the following oath:
|
State of Nevada
County of |
} |
ss. |
I, ...................., of ...................., [County,] do solemnly swear that I will perform each and every duty required of me as inspector of mines for the State of Nevada; that I will at all times while acting in my official capacity fulfill the duties of such office according to the law and to the best of my skill and understanding; that I will never at any time while holding the office of inspector of mines disclose to anyone, directly or indirectly, under any circumstances any information relative to ore bodies, shoots or deposits of ore or the location, course or character of underground workings, or give my opinion founded on any examination made in the performance of my official duties relative to the value of any mine or mining property, unless by permission of the person or persons in charge of the same.
κ1969 Statutes of Nevada, Page 342 (CHAPTER 213, SB 75)κ
founded on any examination made in the performance of my official duties relative to the value of any mine or mining property, unless by permission of the person or persons in charge of the same.
To all of which I pledge my sacred honor. So help me God.
2. Nothing in the oath, however, shall be construed to prevent the inspector of mines from making full and complete statistical reports as required by law.
Sec. 70. NRS 534.040 is hereby amended to read as follows:
534.040 1. Upon the initiation of the administration of this chapter 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 this chapter 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 this chapter 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. Claims against such fund shall be approved by the ground water board and paid as other claims against the state are paid.
κ1969 Statutes of Nevada, Page 343 (CHAPTER 213, SB 75)κ
Sec. 71. NRS 547.010 is hereby amended to read as follows:
547.010 The state is divided into 11 agricultural districts as follows:
Agricultural district No. 1. [The counties of Ormsby,] Carson City and the counties of Douglas and Storey shall constitute agricultural district No. 1.
Agricultural district No. 2. The county of Esmeralda shall constitute agricultural district No. 2.
Agricultural district No. 3. The county of Humboldt shall constitute agricultural district No. 3.
Agricultural district No. 4. The county of Elko shall constitute agricultural district No. 4.
Agricultural district No. 5. The county of Mineral shall constitute agricultural district No. 5.
Agricultural district No. 6. The counties of Eureka, Lander, Nye, Lincoln and White Pine shall constitute agricultural district No. 6.
Agricultural district No. 7. The county of Churchill shall constitute agricultural district No. 7.
Agricultural district No. 8. The county of Clark shall constitute agricultural district No. 8.
Agricultural district No. 9. The county of Lyon shall constitute agricultural district No. 9.
Agricultural district No. 10. The county of Washoe shall constitute agricultural district No. 10.
Agricultural district No. 11. The county of Pershing shall constitute agricultural district No. 11.
Sec. 72. NRS 645.100 is hereby amended to read as follows:
645.100 1. At least two members of the commission shall be residents of the eastern district of Nevada, and at least two members of the commission shall be residents of the western district of Nevada.
2. Not more than one member shall be appointed from any one county.
3. The eastern district shall consist of all that portion of the State of Nevada lying within the boundaries of the counties of Clark, Elko, Eureka, Lander, Lincoln, Nye and White Pine.
4. The western district shall consist of all that portion of the State of Nevada lying within the boundaries of Carson City and the counties of Churchill, Douglas, Esmeralda, Humboldt, Lyon, Mineral, [Ormsby,] Pershing, Storey and Washoe.
Sec. 73. NRS 667.210 is hereby amended to read as follows:
667.210 1. Whenever any bank shall have voluntarily suspended business or when the superintendent of banks shall have taken possession of the assets of any bank, depositors or creditors representing not less than 15 percent of the total amount of the outstanding indebtedness against the bank, exclusive of public deposits, may commence an action in the district court [of Ormsby County or of] in and for Carson City or in and for the county in which the bank is located against the bank, setting forth the facts that such bank is insolvent and is unable to pay its depositors and creditors in the usual course of business, or has suspended payment of its obligations, and has refused or neglected to pay its obligations for a period of at least 30 days prior to the filing of the complaint, or either of such causes.
κ1969 Statutes of Nevada, Page 344 (CHAPTER 213, SB 75)κ
2. In any such action the bank and the superintendent of banks and the directors of such bank, and the depositors and creditors and stockholders, and each county and state political subdivision or state agency or officer having deposits in the bank, shall be made parties defendant. The State of Nevada consents to be made a party defendant in any such action, and to be sued therein.
3. When the number of stockholders or depositors and creditors are numerous, and it is impracticable to bring them all before the court, stockholders and depositors and creditors named as parties may defend for the benefit of all.
4. Summons shall be served upon the parties defendant as in other civil cases, and every such action shall be governed by the provisions of the Nevada Rules of Civil Procedure and Title 2 of NRS; but all objections or defenses in point of law arising upon the face of the complaint which, under the Nevada Rules of Civil Procedure, might be made by motion must be set forth in the answer. Such objections shall be disposed of at and as part of the final hearing unless the court, in its discretion, shall order prior disposition.
Sec. 74. NRS 675.460 is hereby amended to read as follows:
675.460 1. In addition to any other available remedy, any person considering himself aggrieved by any act or omission of the superintendent may, within 30 days from the date of such act or failure to act, bring an action in the First Judicial District Court in and for [the County of Ormsby] Carson City to review such act or omission.
2. The hearing before the court shall be based on the record before the superintendent and his findings and on such new evidence as may be introduced. The court may grant a stay of the effective date of any act complained of, or grant other relief on such terms and conditions as it sees fit, pending the determination of such appeal.
Sec. 75. NRS 680.230 is hereby amended to read as follows:
680.230 1. Any order or decision made, issued or executed by the commissioner, except an order to make good an impairment of capital or surplus of a deficiency in the amount of admitted assets, whereby any company or person is aggrieved, shall be subject to review by the district court [of Ormsby County.] in and for Carson City.
2. Any company or person aggrieved by an order or decision of the commissioner may, within 60 days after the order or decision has been mailed to or otherwise served upon the company or person entitled to receive the same, appeal from such order or decision by filing a petition for a review of the findings of the commissioner in the district court [of Ormsby County.] in and for Carson City. If an appeal is not so taken it shall conclusively be deemed to have been waived.
3. The commencement of proceedings under this section shall not operate as a stay of the commissioners order, findings, ruling or decision, unless so ordered by the court.
Sec. 76. NRS 685.290 is hereby amended to read as follows:
685.290 1. A license may be suspended or revoked by the commissioner for any of the following causes:
(a) Violation of any provision of NRS 685.210 to 685.300, inclusive;
(b) Fraudulently obtaining a license under the provisions of NRS 685.210 to 685.300, inclusive;
κ1969 Statutes of Nevada, Page 345 (CHAPTER 213, SB 75)κ
(c) Conviction of any criminal offense under the laws of this state, the United States or any other state;
(d) Being adjudged a bankrupt or insolvent;
(e) Failure to pay any judgment or decree rendered on any forfeited undertaking in any court of competent jurisdiction; or
(f) Any interference or attempted interference with the administration of justice.
2. No license shall be suspended or revoked by the commissioner without first providing an opportunity to the licensee, within 30 days of the date of the notice of hearing, to be heard and produce evidence in his behalf, except that a license shall be automatically forfeited and revoked if the licensee is convicted of a felony involving moral turpitude. In the conduct of such hearing the commissioner, or any employee of the department designated by him for such purpose, shall have power to administer oaths, to examine any person under oath, and, in connection therewith, to require the production of any books, records or papers relevant to the inquiry.
3. Any order made by the commissioner refusing, revoking or suspending a license shall be subjected to review by the district court [of Ormsby County.] in and for Carson City. Any licensee or applicant aggrieved by an order of the commissioner may, within 30 days after the order has been mailed to or otherwise served upon him, appeal from such order by filing a petition for review of the findings of the commissioner in the district court [of Ormsby County.] in and for Carson City. If an appeal is not so taken it shall conclusively be deemed to have been waived.
Sec. 77. NRS 686.199 is hereby amended to read as follows:
686.199 Any final determination by the commissioner after hearing on a report of examination shall be subject to review by the district court [of Ormsby County] in and for Carson City at the instance of any party in interest.
Sec. 78. NRS 687.030 is hereby amended to read as follows:
687.030 1. If the commissioner shall find that any of the grounds specified in NRS 687.020 exist and that the same cannot reasonably be removed by his order or other proceedings, or have not been so removed, he shall report the matter to the attorney general, who shall file a petition in the name of the commissioner in the district court of the First Judicial District of the State of Nevada, in and for [the county of Ormsby,] Carson City, praying for the appointment of the commissioner as receiver of such company.
2. Upon the filing of the petition the court shall issue an order directing the company to appear in court on the day fixed in the order and show cause why the petition should not be granted, which day shall not be less than 15 days nor more than 30 days from the date of such order. The court upon good cause shown therefor may shorten the time.
3. Such order to show cause and the service thereof as provided in this chapter shall constitute due and legal process and shall be in lieu of any other process otherwise provided by law.
Sec. 79. NRS 693.590 is hereby amended to read as follows:
693.590 Any order made by the commissioner refusing, revoking or suspending a club agents license shall be subject to review by the district court [of Ormsby County.]
κ1969 Statutes of Nevada, Page 346 (CHAPTER 213, SB 75)κ
district court [of Ormsby County.] in and for Carson City. Any licensee or applicant aggrieved by an order of the commissioner may, within 30 days after the order has been mailed to or otherwise served upon him, appeal from such order by filing a petition for review of the findings of the commissioner in the district court [of Ormsby County.] in and for Carson City. If an appeal is not so taken it shall conclusively be deemed to have been waived.
Sec. 80. NRS 706.660 is hereby amended to read as follows:
706.660 1. No certificate of public convenience and necessity, permit or license issued in accordance with the terms of NRS 706.010 to 706.700, inclusive, shall be construed to be either a franchise or irrevocable.
2. The commission may at any time, for good cause shown, suspend, and upon at least 5 days notice to the grantee of any certificate, permit or license and upon a hearing had therefor, revoke such certificate, permit or license.
3. Any person aggrieved by the order of the commission revoking such permit may within 30 days commence an action in the district court [of Ormsby County] in and for Carson City against the commission to vacate and set aside such order on the ground that such order is unlawful or unreasonable.
4. The proceedings thereafter shall be governed by the provisions of NRS 704.540 to 704.580, inclusive.
Sec. 81. The city attorney of Carson City and the district attorney of Ormsby County may, prior to the effective date of section 2 of this act, prepare a code to go into effect in Carson City on July 1, 1969.
Sec. 82. 1. NRS 19.240, 243.320 and 251.060 are hereby repealed.
2. Upon the effective dates of section 2 of this act, the provisions of the charter of Carson City, being chapter 243, Statutes of Nevada 1875, as amended, which are respectively superseded shall by virtue of this act be repealed.
Sec. 83. 1. Section 81 of this act and those provisions of section 2 relating to the establishment of wards and the conduct of preliminary municipal elections prior to the effective date of the Carson City charter, shall become effective upon passage and approval.
2. All other provisions of this act shall become effective at 12:01 a.m. on July 1, 1969.
________
κ1969 Statutes of Nevada, Page 347κ
Assembly Bill No. 77Committee on Health and Welfare (By request)
CHAPTER 214
AN ACT relating to chiropractic; prohibiting the administration and prescription of drugs; making administrative changes; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 454.0095 is hereby amended to read as follows:
454.0095 1. Physician, dentist, chiropodist, veterinarian and pharmacist means persons authorized by a currently valid and unrevoked license to practice their respective professions in this state.
2. The word physician includes osteopathic physicians and surgeons. [and chiropractic physicians, but only to the extent they are authorized by chapters 633 and 634 of NRS to use drugs, chemicals and hypodermic devices in the practice of their respective professions.]
Sec. 2. NRS 634.010 is hereby amended to read as follows:
634.010 As used in this chapter:
1. Board means the Nevada state board of chiropractic examiners.
2. Chiropractic is defined to be the science, art and practice of palpating and adjusting the articulations of the human body by hand, the use of physiotherapy, hygienic, nutritive and sanitary measures and all methods of diagnosis. [; but in such diagnosis no piercing or severing of body tissues shall be permitted, save for the drawing of blood for diagnostic purposes only.]
3. Unprofessional conduct means:
(a) Obtaining a certificate upon fraudulent credentials or gross misrepresentation.
(b) Procuring, or aiding or abetting in procuring, criminal abortion.
(c) Obtaining a fee on assurance that a manifestly incurable disease can be permanently cured.
(d) Advertising chiropractic business in which grossly improbable statements are made.
(e) Willful disobedience of the law, or of the rules and regulations of the state board of health, or of the rules and regulations of the Nevada state board of chiropractic examiners.
(f) Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction shall be conclusive evidence of unprofessional conduct.
(g) Administering, dispensing or prescribing any [narcotic] drug.
(h) Conviction or violation of any federal or state law regulating the possession, distribution or use of any narcotic drug. The record of conviction shall be conclusive evidence of unprofessional conduct.
(i) Habitual intemperance or excessive use of cocaine, morphine, codeine, opium, heroin, alpha eucaine, beta eucaine, novocaine or chloral hydrate, or any of the salts, derivatives or compounds of the foregoing substances, or of alcohol or alcoholic beverages, or of any other habit-forming drug or substance.
κ1969 Statutes of Nevada, Page 348 (CHAPTER 214, AB 77)κ
(j) Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.
(k) Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter.
(l) Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice chiropractic under this chapter.
4. Unless the context otherwise requires, the masculine gender shall include the feminine gender, and the singular number shall include the plural number.
Sec. 3. NRS 634.020 is hereby amended to read as follows:
634.020 1. The Nevada state board of chiropractic examiners, consisting of five members appointed by the governor, is hereby created.
2. Appointees shall be:
(a) Graduates of chiropractic schools or colleges giving a course of study embracing the following subjects: Anatomy, bacteriology, chiropractic theory and practice, diagnosis or analysis, elementary chemistry and toxicology, histology, hygiene and sanitation, obstetrics and gynecology, pathology, physiology, and symptomatology.
(b) Duly licensed chiropractors in the State of Nevada and actually engaged in the practice of chiropractic at the time of their appointment.
3. At least two of the appointees shall have had a course in physiotherapy in a school or college of chiropractic. Not more than [one person who is a resident graduate] two persons who are resident graduates of the same school or college of chiropractic shall serve simultaneously as [a member] members of the board.
4. An appointee shall serve for 3 years and until his successor is appointed and qualified.
5. Vacancies shall be filled by the governor within 30 days.
Sec. 4. NRS 634.043 is hereby amended to read as follows:
634.043 The board may:
1. Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
2. Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
3. Enter and inspect any chiropractic office in this state in order to enforce the provisions of this chapter.
Sec. 5. NRS 634.100 is hereby amended to read as follows:
634.100 1. All applicants for licenses to practice chiropractic in the State of Nevada who have not previously been admitted to practice in any other state shall pay to the secretary of the board the sum of [$50] $75 before being entitled to have their applications considered.
2. Applicants who have been previously licensed to practice chiropractic in any other state shall pay to the secretary of the board the sum of [$75] $100 before being entitled to have their applications further considered.
3. An applicant taking the examination who receives a general average of not less than 75 percent in all subjects and who does not fall below the grade of 70 percent in any one subject shall be granted a license to practice chiropractic.
κ1969 Statutes of Nevada, Page 349 (CHAPTER 214, AB 77)κ
below the grade of 70 percent in any one subject shall be granted a license to practice chiropractic.
4. If an applicant fails to pass the first examination, he may take a second examination within 1 year without payment of any additional fees. Credit shall be given on this examination for all subjects previously passed with a grade of 75 percent or higher.
Sec. 6. NRS 634.120 is hereby amended to read as follows:
634.120 1. All licenses shall be signed by the president and the secretary and shall be attested by the official seal of the board. A fee of [$5] $10 shall be collected before a license is delivered.
2. Before practicing, a licensee shall file his license with the county recorder of the county in which he resides.
3. A license to practice chiropractic shall authorize the holder thereof to use the term chiropractic physician.
Sec. 7. NRS 634.130 is hereby amended to read as follows:
634.130 Every person holding a valid license [and actively practicing] in the State of Nevada [may] shall renew such license each year by paying a renewal fee of not less than [$5] $15 or more than [$10, accompanied by] $25. A licensee in active or part-time practice within this state must submit satisfactory proof to the board that he has attended at least one 2-day educational seminar approved or endorsed by the board. The educational requirement of this section may be waived by the board if the licensee files with the board a statement of a chiropractic physician, osteopathic physician and surgeon or doctor of medicine certifying that the licensee is suffering from serious or disabling illness or physical disability which prevented him from attending the required educational seminar during the 12 months immediately preceding the annual licensing renewal date.
Sec. 8. NRS 634.220 is hereby amended to read as follows:
634.220 Nothing in this chapter shall be construed to permit a chiropractor to practice medicine, surgery, obstetrics, osteopathy, dentistry, optometry or [chiropody.] chiropody, or to administer or prescribe drugs.
Sec. 9. Chapter 634 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A chiropractor shall not pierce or sever any body tissue, except to draw blood for diagnostic purposes.
Sec. 10. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 350κ
Assembly Bill No. 156Mr. Lowman
CHAPTER 215
AN ACT relating to criminal procedure; requiring a defendant to give written notice of his alibi before trial and requiring the district attorney to give the defendant or his counsel a written statement of the results or reports of the state agents investigation of the alibi defense; amending NRS 174.245, relating to discovery and inspection in criminal proceedings; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 174 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If a defendant intends to offer in his defense evidence to establish an alibi, he shall give the district attorney written notice thereof not more than 3 days after the day of arraignment or 10 days before the date set for trial, whichever is later. Such notice shall include specific information as to the place where he claims to have been at the time of the alleged offense. In default of such notice, evidence of such alibi shall not be received unless the court, upon good cause shown, otherwise orders.
2. If a defendant has given written notice of his intent to offer in his defense evidence to establish an alibi as provided in subsection 1, the district attorney shall give such defendant or his counsel, not less than 3 days before the date set for trial, a written statement setting forth the results or reports of the state agents investigation of the alibi defense, including the names and addresses of any witnesses who have any information relative to the defense of alibi.
Sec. 2. NRS 174.245 is hereby amended to read as follows:
174.245 Upon motion of a defendant the court may order the district attorney to permit the defendant to inspect and copy or photograph books, papers, documents, tangible objects, buildings or places, or copies or portions thereof, which are within the possession, custody or control of the state, upon a showing of materiality to the preparation of his defense and that the request is reasonable. Except as provided in subsection 2 of NRS 174.235 [,] and section 1 of this amendatory act, this section does not authorize the discovery or inspection of reports, memoranda or other internal state documents made by state agents in connection with the investigation or prosecution of the case, or of statements made by state witnesses or prospective state witnesses (other than the defendant) to agents of the state.
________
κ1969 Statutes of Nevada, Page 351κ
Assembly Bill No. 59Mr. Torvinen
CHAPTER 216
AN ACT relating to the disqualification of judges; extending the time for filing an affidavit of prejudice when a case is reassigned.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 1.230 is hereby amended to read as follows:
1.230 1. A judge shall not act as such in an action or proceeding when he entertains actual bias or prejudice for or against one of the parties to the action.
2. A judge shall not act as such in an action or proceeding when implied bias exists in any of the following respects:
(a) When he is a party to or interested in the action or proceeding.
(b) When he is related to either party by consanguinity or affinity within the third degree.
(c) When he has been attorney or counsel for either of the parties in the particular action or proceeding before the court.
(d) When he is related to an attorney or counselor for either of the parties by consanguinity or affinity within the third degree.
3. A judge, upon his own motion, may disqualify himself from acting in any matter upon the ground of actual or implied bias.
4. Any party to an action or proceeding, seeking to disqualify a judge for actual or implied bias, shall file a charge in writing, specifying the facts upon which such disqualification is sought. Hearing on such charge shall be had before such other district judge as the parties may by agreement select, or in absence of such agreement before such judge as shall be appointed by the judge sought to be disqualified.
5. A judge shall not act as such if either party to a civil action in the district court shall file an affidavit alleging that the judge before whom the action is to be tried has a bias or prejudice either against him or in favor of an opposite party to the action. The judge shall proceed no further therein but either transfer the action to some other department of the court, if there be more than one department of the court in the district, or request the judge of some other district court of some other district to preside at the hearing and trial of the action. Every affidavit must be filed [before the hearing on any contested matter in the action has commenced, and if no contested matter has been heard in the action prior to the day of the trial thereof, then the affidavit must be filed at least 10 days before the date set for the trial of the action.] at least 10 days before the hearing of a contested matter if a judge has been assigned to hear such matter or, if a judge has not been assigned at least 10 days prior to such hearing, the affidavit must be filed when the party or his attorney is notified that a judge has been assigned to hear the matter. No affidavit shall be filed unless accompanied by a certificate of the attorney of record for affiant that the affidavit is made in good faith and not for delay, and the party filing the affidavit for change of judge shall at the time of filing same pay to the clerk of the court in which the affidavit is filed $25, which sum shall be by the clerk transmitted to the state treasurer who shall place the same to the credit of the district judges traveling fund.
κ1969 Statutes of Nevada, Page 352 (CHAPTER 216, AB 59)κ
to the state treasurer who shall place the same to the credit of the district judges traveling fund. The right hereby granted may be lost by the failure of a party to comply with the requirements set forth in this subsection or by a waiver in writing executed by the party or by his attorney, and not otherwise.
6. No judge or court shall punish for contempt anyone making, filing or presenting a charge for disqualification pursuant to subsection 4 or an affidavit pursuant to subsection 5.
7. This section shall not apply to the arrangement of the calendar or the regulation of the order of business.
8. Paragraph (d) of subsection 2 shall not apply to the presentation of ex parte or uncontested matters, except in fixing fees for attorneys related within the degree of consanguinity or affinity therein specified.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 248Mr. Lowman
CHAPTER 217
AN ACT relating to obscene matter; exempting stagehands and movie projectionists from criminal liability when the illegal possession or exhibiting of such matter is directly related to their work.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 201 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A motion picture machine operator or a stagehand is not criminally liable for exhibiting or possessing with the intent to exhibit any obscene material if:
1. Such exhibition or possession is a part of the motion picture he is projecting or part of the stage show for which he is employed as a stagehand; and
2. The operator or stagehand has no financial interest, except wages, and no managerial responsibility in his place of employment.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 353κ
Assembly Bill No. 126Committee on Agriculture
CHAPTER 218
AN ACT relating to custom application of economic poisons; clarifying financial responsibility requirements of applicants for a pest control license; adding grounds for suspending, revoking or modifying a license; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 555.330 is hereby amended to read as follows:
555.330 1. The executive director shall require from each applicant for [an operators] a custom pest control license proof of [financial responsibility, including] public liability and property damage insurance in an amount not less than $10,000, nor more than $200,000.
2. The executive director may require drift insurance for operators employing economic poisons or other materials declared hazardous or dangerous to man, livestock, wildlife, crops or plantlife.
3. Any person injured by the breach of any such obligation shall be entitled to sue in his own name in any court of competent jurisdiction to recover the damages he may have sustained by such breach, providing each claim is made within 6 months after the alleged injury.
4. The executive director on his own motion may, or upon receipt of a verified complaint of an interested person shall, investigate, as he deems necessary, any loss or damage resulting from the application of any pesticide by a licensed custom pest control operator. Verified complaint of loss or damage must be filed within 60 days from the time that the occurrence of such loss or damage becomes known; or if a growing crop is alleged to have been damaged, such verified complaint shall be filed prior to the time 50 percent of the crop has been harvested. A report of investigations resulting from a verified complaint shall be furnished to the complainant.
Sec. 2. NRS 555.350 is hereby amended to read as follows:
555.350 1. The executive director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke or modify any license issued under NRS 555.260 to 555.460, inclusive, if he finds that:
(a) The licensee is no longer qualified; [or]
(b) The licensee has engaged in fraudulent business practices in the custom application of economic poisons; [or]
(c) The licensee has made any custom application in a faulty, careless or negligent manner; [or]
(d) The licensee has violated any of the provisions of NRS 555.260 to 555.460, inclusive, or regulations made thereunder [.] ; or
(e) The licensee was intentionally guilty of fraud or deception in the procurement of his license.
2. A license shall be suspended automatically, without action of the executive director, if the proof of [financial responsibility, including] public liability and property damage or drift insurance filed pursuant to NRS 555.330, is canceled, and the license shall remain suspended until such insurance [or proof of financial responsibility] is reestablished.
κ1969 Statutes of Nevada, Page 354 (CHAPTER 218, AB 126)κ
NRS 555.330, is canceled, and the license shall remain suspended until such insurance [or proof of financial responsibility] is reestablished.
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Assembly Bill No. 121Committee on Agriculture
CHAPTER 219
AN ACT relating to seeds; regulating the labeling, sale and transportation of certain seeds; providing penalties; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 587 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 56, inclusive, of this act.
Sec. 2. As used in sections 2 to 56, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 31, inclusive, of this act have the meanings ascribed to them in sections 3 to 31, inclusive, of this act.
Sec. 3. Advertisement means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of sections 2 to 56, inclusive, of this act.
Sec. 4. Agricultural seeds includes the seeds of grass, forage, cereal and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds and mixtures of such seeds, and may include any other kind of seeds when the executive director determines that such seed is being used as agricultural seed.
Sec. 5. Certified seed means seed that has been produced and labeled in accordance with the procedures and in compliance with the requirements of an officially recognized certifying agency and includes the breeders, foundation, registered and certified seed classes.
Sec. 6. Certifying agency means:
1. An agency authorized under the laws of a state, territory or possession of the United States officially to certify seed; or
2. An agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedure and standards for seed certification comparable to those adhered to generally by seed-certifying agencies under subsection 1.
Sec. 7. Consumer means any person who purchases or otherwise obtains seed for sowing but not for resale.
Sec. 8. Department means the state department of agriculture.
Sec. 9. Executive director means the executive director of the state department of agriculture.
Sec. 10. Flower seeds includes seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, and commonly known and sold under the name of flower seeds in this state.
Sec. 11. Growers or tree seedsmans declaration is a statement signed by the grower or tree seedsman giving, for a lot of seed, the lot number, the kind and variety, species and subspecies for tree and shrub seed, origin and weight.
κ1969 Statutes of Nevada, Page 355 (CHAPTER 219, AB 121)κ
signed by the grower or tree seedsman giving, for a lot of seed, the lot number, the kind and variety, species and subspecies for tree and shrub seed, origin and weight.
Sec. 12. Hybrid means the first generation seed of a cross produced by controlling the pollination and by combining:
1. Two or more inbred lines;
2. One inbred or a single cross with an open-pollinated variety; or
3. Two varieties or species, except open-pollinated varieties of corn (Zea mays).
The second generation and subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names.
Sec. 13. Kind means one or more related species or subspecies which singly or collectively are known by one common name, for example, corn, oats, alfalfa and timothy.
Sec. 14. Labeling includes all labels and other written, printed or graphic representations, in any form whatever, accompanying or pertaining to any seed, whether in bulk or in containers, and includes representations on invoices.
Sec. 15. Lot means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling.
Sec. 16. Origin for an indigenous stand of trees is the area on which the trees are growing; for a nonindigenous stand, it is the place from which the seeds or plants were originally introduced.
Sec. 17. Person includes any individual, partnership, corporation, company, society or association.
Sec. 18. Prohibited noxious weed seeds are the seeds of such weeds as are highly destructive and difficult to control in this state by ordinary good cultural or chemical practice.
Sec. 19. Pure seed, germination and other seed labeling and testing terms in common usage are defined as in the rules for seed testing published by the Association of Official Seed Analysts, effective July 1, 1955, and as subsequently amended.
Sec. 20. Record includes all information relating to the shipment or shipments involved and includes a file sample of each lot of seed. For tree and shrub seed the record also includes all documents supporting the statement of origin of the seed.
Sec. 21. Restricted noxious weed seeds are the seeds of such weeds as are objectionable or injurious in fields, lawns and gardens of this state, which can be controlled by good cultural or chemical practices.
Sec. 22. Screenings means chaff, seed, weed seeds, inert matter and other materials removed from grain or seed in cleaning or processing.
Sec. 23. Seizure means a legal process carried out by court order against an amount of seed or screenings.
Sec. 24. Stop sale means an administrative order provided by law, restraining the sale, use, disposition or movement of a definite amount of seed or screenings.
Sec. 25. Treated means that the seed has received an application of a substance, or that the seed has been subjected to a process for which a claim is made.
κ1969 Statutes of Nevada, Page 356 (CHAPTER 219, AB 121)κ
Sec. 26. Tree and shrub seeds includes seeds of woody plants commonly known and sold as tree and shrub seeds in this state.
Sec. 27. Tree seedsman is any person who makes a business of producing, or collecting and processing and selling tree seed.
Sec. 28. Type means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions.
Sec. 29. Variety means a subdivision of a kind characterized by growth, yield, plant, fruit, seed or other characteristics, by which it can be differentiated from other plants of the same kind.
Sec. 30. Vegetable seeds includes the seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable seeds in this state.
Sec. 31. Weed seeds includes the seeds of all plants generally recognized as weeds within this state, and includes restricted noxious weed seeds.
Sec. 32. The executive director shall administer and enforce the provisions of sections 2 to 56, inclusive, of this act.
Sec. 33. The department is designated as the official seed-certifying agency for the State of Nevada. The executive director shall, by rules or regulations, promulgate and enforce standards governing the certification of seed as to variety, purity, quality or other matters relating thereto, and shall establish a schedule of fees for such certification.
Sec. 34. The executive director may do service grain grading, including testing for dockage and moisture, and may establish a schedule of fees for such grading and testing.
Sec. 35. The executive director or his authorized representatives shall:
1. Sample, inspect, make analysis of and test seeds subject to sections 2 to 56, inclusive, of this act that are transported, sold, offered or exposed for sale within the state for sowing purposes, at such time and place and to such extent as may be necessary to determine whether the seeds are in compliance with sections 2 to 56, inclusive, of this act.
2. Notify promptly the person who transported, sold, offered or exposed the seed for sale of any violation.
Sec. 36. 1. The executive director shall adopt rules and regulations:
(a) Governing the method of sampling, inspecting, analyzing, testing and examining seeds subject to sections 2 to 56, inclusive, of this act and the tolerances to be used.
(b) Establishing a list of prohibited and restricted noxious weeds and prescribing the maximum rate of occurrence per pound of restricted noxious weed seeds which may be associated with any seeds.
(c) Establishing reasonable standards of germination for vegetable and flower seeds.
(d) Establishing a list of tree and shrub species subject to the germination labeling requirements of paragraph (g) of subsection 2 of section 47 of this act.
(e) Shortening or extending the time periods, specified in subsections 1 and 2 of section 50 of this act, within which tests to determine the percentage of germination of seeds must be completed prior to sale or offering for sale or transportation, in accordance with the executive directors findings as to the viability period of any such seeds.
κ1969 Statutes of Nevada, Page 357 (CHAPTER 219, AB 121)κ
(f) For the labeling of flower seeds in respect to kind and variety or type and performance characteristics as required by sections 45 and 46 of this act.
(g) Establishing a list of the kinds of flower seeds which are subject to the flower seed germination labeling requirements of sections 45 and 46 of this act.
2. The executive director may adopt such other rules and regulations as may be necessary to carry out the provisions of sections 2 to 56, inclusive, of this act.
Sec. 37. The executive director or his authorized representatives may:
1. Enter upon or within any public or private premises or upon or into any truck or other conveyance by land, water or air at any time to examine seeds, screenings or records which are subject to the provisions of sections 2 to 56, inclusive, of this act or rules and regulations adopted pursuant thereto.
2. Issue and enforce a written or printed stop-sale order against the owner of custodian of any seed or screenings which are found to be in violation of any of the provisions of sections 2 to 56, inclusive, of this act or the rules and regulations adopted pursuant thereto.
Sec. 38. 1. A stop-sale order issued pursuant to subsection 2 of section 37 of this act may prohibit the sale, processing or movement of such seed or screenings until evidence is submitted or obtained that the violation has been corrected and a release from the stop-sale order is issued.
2. Whenever tree seed, shrub seed or screenings are subject to a stop-sale order, the executive director or his representative shall notify the shipper or consignor that the order is in effect. Upon the shippers or consignors request, the executive director may permit the return of the seed to the shipper or may permit the seed to be transferred to a mutually acceptable storage area pending its further disposition as provided by law.
3. Any person aggrieved by a stop-sale order may, within 60 days after the order issues, appeal from such order to the district court in the county in which the seeds, subject to such order, are located.
Sec. 39. The executive director shall cooperate with the United States Department of Agriculture and other appropriate agencies in seed law enforcement.
Sec. 40. 1. Each container of agricultural, flower and vegetable seeds which is sold, offered or exposed for sale, or transported within this state for sowing purposes shall bear or have attached to it, in a conspicuous place, a plainly written or printed label or tag in the English language, giving the information specified for the respective classes of seed in subsection 2 and in sections 41 to 46, inclusive, of this act, which information shall not be modified or denied in the labeling or on another label attached to the container.
2. For all such seeds named and treated (for which a separate label may be used), the label shall contain:
(a) A word or statement indicating that the seed has been treated.
(b) The commonly accepted coined, chemical, generic or abbreviated chemical or generic name of the applied substance used for treatment, or the description of the process used for treatment.
(c) If the substance applied to the seed for treatment is in an amount which may be harmful to human or other vertebrate animals, a caution, stating: Do not use for food, feed or oil purposes.
κ1969 Statutes of Nevada, Page 358 (CHAPTER 219, AB 121)κ
stating: Do not use for food, feed or oil purposes. The caution for mercurials and similarly toxic substances shall be a poison statement or symbol.
(d) If the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective.
Sec. 41. The labeling of containers for agricultural seeds, except grass seed mixtures provided for in section 42 of this act, shall state:
1. The kind and variety, or the kind and the phrase variety not stated, for each agricultural seed component in excess of 5 percent of the whole, and the percentage by weight of each such component in order of its predominance. When more than one component is required to be named, the word mixture or mixed shall also be shown conspicuously on the label.
2. The lot number or other lot identification.
3. The origin (state or foreign country), if known, of alfalfa, red clover and field corn, but not of hybrid corn. If the origin is unknown, this fact shall be stated.
4. The percentage by weight of all weed seeds present.
5. The name and rate of occurrence per pound of each kind of restricted noxious weed seed present.
6. The percentage by weight of agricultural seeds, which may be designated crop seeds, other than those required to be named on the label.
7. The percentage by weight of inert matter.
8. For each named agricultural seed:
(a) The percentage of germination, exclusive of hard seed.
(b) The percentage of hard seeds, if present.
(c) The calendar month and year the test was completed to determine such percentages.
9. The name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.
Sec. 42. The labeling of containers for seed mixtures for lawn or turf purposes in containers of 50 pounds or less shall state:
1. The word mixed or mixture.
2. The headings fine-textured grasses and coarse kinds, and under each respective heading, in tabular form and in type no larger than the heading:
(a) The commonly accepted name, in order of its predominance, of the kind, or kind and variety, of each agricultural seed present in excess of 5 percent of the whole. The determination as to whether the seed is a fine-textured grass or a coarse kind shall be made in accordance with the methods prescribed in rules and regulations adopted under paragraph (a) of subsection 1 of section 36 of this act.
(b) For each agricultural seed named under paragraph (a):
(1) The percentage by weight of pure seed.
(2) The percentage of germination, exclusive of hard seed.
(3) The percentage of hard seed, if present.
(4) The calendar month and year the test was completed to determine such percentage.
3. The heading other ingredients and in type no larger than the heading:
(a) The percentage by weight of all weed seeds.
κ1969 Statutes of Nevada, Page 359 (CHAPTER 219, AB 121)κ
(b) The percentage by weight of all agricultural seeds other than those stated under paragraph (a) of subsection 2.
(c) The percentage by weight of inert matter.
4. The lot number or other lot identification.
5. The name and rate of occurrence per pound of each kind of restricted noxious weed seed present.
6. The name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.
7. The net weight of the seed.
Sec. 43. The labeling of containers for vegetable seeds in containers of 1 pound or less shall state:
1. The name of the kind and variety of the seed.
2. For seeds which germinate less than the standard last established in the rules and regulations adopted under paragraph (c) of subsection 1 of section 36 of this act:
(a) The percentage of germination, exclusive of hard seed.
(b) The percentage of hard seed, if present.
(c) The calendar month and year the test was completed to determine such percentages.
(d) The words, below standard, in not less than 8-point type.
3. The name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.
Sec. 44. The labeling of containers for vegetable seeds in containers of more than 1 pound shall state:
1. The name of each kind and variety present in excess of 5 percent of the whole, and the percentage by weight of each in order of its predominance.
2. The lot number or other lot indentification.
3. For each named vegetable seed:
(a) The percentage of germination, exclusive of hard seed.
(b) The percentage of hard seed, if present.
(c) The calendar month and year the test was completed to determine such percentages.
4. The name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state. The labeling requirements for vegetable seeds in containers of more than 1 pound are met if the seed is taken and weighed from a properly labeled container in the presence of the consumer of such seed.
Sec. 45. The labeling for flower seeds in packets prepared for use in home flower gardens or household plantings or flower seeds in preplanted containers, mats, tapes or other planting devices shall state:
1. For all kinds of flower seeds:
(a) The name of the kind and variety or a statement of type and performance characteristics as prescribed in the rules and regulations adopted under paragraph (f) of subsection 1 of section 36 of this act.
(b) The calendar month and year the seed was tested or the year for which the seed was packaged.
(c) The name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.
2. In addition, for seeds of those kinds for which standard testing procedures are prescribed and which germinate less than the germination standard last established in the rules and regulations adopted under paragraph (c) of subsection 1 of section 36 of this act:
κ1969 Statutes of Nevada, Page 360 (CHAPTER 219, AB 121)κ
standard last established in the rules and regulations adopted under paragraph (c) of subsection 1 of section 36 of this act:
(a) The percentage of germination, exclusive of hard seed.
(b) The words below standard in not less than 8-point type.
3. In addition, for seeds placed in a germination medium, mat, tape or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape or device, a statement to indicate the minimum number of seeds in the container.
Sec. 46. The labeling of containers for flower seeds in containers other than packets prepared for use in home flower gardens or household plantings and other than preplanted containers, mats, tapes or other planting devices shall state:
1. For all kinds of flower seeds:
(a) The name of the kind and variety or a statement of type and performance characteristic as prescribed in the rules and regulations adopted under paragraph (f) of subsection 1 of section 36 of this act.
(b) The lot number or other lot identification.
(c) The calendar month and year the seed was tested or the year for which the seed was packaged.
(d) The name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.
2. In addition, for those kinds of seeds for which standard testing procedures are prescribed:
(a) The percentage of germination, exclusive of hard seed.
(b) The percentage of hard seed, if present.
Sec. 47. Except for seed supplied by a tree seedsman to a consumer under a contractual agreement, which seed may be labeled by invoice or by an analysis tag attached to the invoice if each bag or other container is clearly identified by a lot number stenciled on the container or if the seed is in bulk, each bag or container not so identified and each container of tree and shrub seed which is sold, offered or exposed for sale, or transported within this state for sowing purposes shall bear or have attached to it, in a conspicuous place, a plainly written or printed label or tag in the English language, giving the following information, which information shall not be modified or denied in the labeling or on another label attached to the container:
1. For all such seeds named and treated, for which a separate label may be used:
(a) A word or statement indicating that the seed has been treated.
(b) The commonly accepted coined, chemical, generic or abbreviated chemical or generic name of the applied substance used for treatment, or the description of the process used for treatment.
(c) If the substance applied to the seed for treatment is in an amount which may be harmful to human or other vertebrate animals, a caution stating: Do not use for food, feed or oil purposes. The caution for mercurials and similarly toxic substances shall be a poison statement or symbol.
(d) If the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective.
κ1969 Statutes of Nevada, Page 361 (CHAPTER 219, AB 121)κ
2. In addition, for all tree and shrub seeds named:
(a) The common name of the species of seed and subspecies, if appropriate.
(b) The scientific name of the genus species, and subspecies if appropriate.
(c) The lot number or other lot identification.
(d) The origin of the seed, specified as follows:
(1) For seed collected from a predominantly indigenous stand, the area of collection given by latitude and longitude, geographic description or political subdivision such as state and county.
(2) For seed collected from other than a predominantly indigenous stand, identify the area of collection and the origin of the stand or, if applicable, state: Origin not indigenous.
(e) The upper and lower limits of elevations within which the seed was collected.
(f) The purity of the seed as a percentage of pure seed by weight.
(g) For those species for which standard germination testing procedures are prescribed by the executive director, one of the following:
(1) The germination in percentage and percentage of firm ungerminated seed, and the date of the test by month and year;
(2) For seed transported or delivered for transportation within the calendar year collected, or within 6 months following the calendar year of collection, state: Test is in process; or
(3) For seed being transported to a consumer, the name of the consumer and a statement: Contract seed not for resale, and subject to test to be arranged.
(h) For those species for which standard germination testing procedures have not been prescribed by the executive director, the calendar year in which the seed was collected.
(i) The name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.
Sec. 48. Each person whose name appears on a label as handling seeds subject to any of the provisions of sections 2 to 56, inclusive, of this act shall keep for a period of 2 years complete records of each lot of seed handled and for 1 year a file sample of each lot of seed after final disposition of the lot. All such records and samples pertaining to the shipment or shipments involved shall be available for inspection by the executive director or his representative during normal business hours.
Sec. 49. 1. Any person importing any white or Irish potatoes intended for seed purposes into the State of Nevada shall, within 24 hours after the receipt of such potatoes, notify the executive director of the arrival of the potatoes and hold them at his place of business or at the point of receipt until the potatoes are inspected and released by the executive director.
2. If, upon inspection, the executive director finds that the potatoes are infected with bacterial ring rot, or other potato diseases in amounts in excess of that allowed under the standards set for Nevada certified potatoes, the potatoes shall not be released for planting in this state, but shall be disposed of for nonseed purposes in a manner approved by the executive director.
κ1969 Statutes of Nevada, Page 362 (CHAPTER 219, AB 121)κ
3. If the seed potatoes are found to be free from bacterial ring rot, and other potato diseases are not present in excess of that allowed under the standards set for Nevada certified seed potatoes, the executive director shall release the potatoes.
Sec. 50. It is unlawful for any person to sell, offer for sale, expose for sale or transport for sale any agricultural, flower, vegetable or tree and shrub seeds within this state:
1. If subject to the germination labeling requirements of sections 40 to 46, inclusive, of this act unless the test to determine the percentage of germination required has been completed within a 9-month period, exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale, offering for sale or transporting the seed.
2. If subject to the germination labeling requirements of section 47 of this act, unless the test to determine the percentage of germination has been completed within a 1-year period immediately prior to sale.
3. Unless labeled in accordance with the provisions of sections 40 to 47, inclusive, of this act or if bearing a false and misleading label.
4. Which has been subject to a false or misleading advertisement.
5. Which consist of or contain prohibited noxious weed seeds in excess of recognized tolerances.
6. Which consist of or contain restricted noxious weed seeds in excess of the number per pound as prescribed by rules and regulations promulgated under paragraph (b) of subsection 1 of section 36 of this act, or in excess of the number stated on the label attached to the container of the seed.
7. Which contain weed seeds in excess of limits set forth in the rules and regulations promulgated pursuant to the provisions of sections 2 to 56, inclusive, of this act.
8. Which are represented, by labeling, advertising or otherwise, to be certified or registered, unless:
(a) It has been determined by a seed-certifying agency, in accordance with its rules and regulations governing the certification of seeds, that the seed was produced, processed and packaged, and conforms to standards of purity as to kind, species or variety; in addition, as to tree seed, that such seed was found to be of the origin and elevation claimed; and
(b) The seed bears an official label, issued by the seed-certifying agency, that the seed is certified or registered.
Sec. 51. It is unlawful for any person within this state:
1. To detach, alter, deface or destroy any label provided for in sections 2 to 56, inclusive, of this act or in the rules and regulations adopted pursuant thereto.
2. To alter or substitute seed contrary to the provisions of sections 2 to 56, inclusive, of this act or the rules and regulations adopted pursuant thereto.
3. To disseminate any false or misleading advertisements concerning seeds subject to sections 2 to 56, inclusive, of this act.
4. To hinder or obstruct in any way any authorized person in the performance of his duties under sections 2 to 56, inclusive, of this act.
5. To violate a stop-sale order.
6. To use the word trace as a substitute for any statement which is required on a label.
κ1969 Statutes of Nevada, Page 363 (CHAPTER 219, AB 121)κ
7. To use the word type in any labeling in connection with the name of any agricultural seed variety.
Sec. 52. 1. The provisions of sections 40 to 47, inclusive, 50 and 51 of this act do not apply:
(a) To seed or grain not intended for sowing purposes.
(b) To seed while stored in, or being transported or consigned to, a cleaning or processing establishment for cleaning or processing if the invoice or labeling accompanying any shipment of such seed bears the statement seed for processing, and if no other labeling or representations are made with respect to such seed.
(c) To any carrier of seed which is transported or delivered for transportation in the ordinary course of its business as a carrier, if the carrier is not otherwise engaged in producing, processing or marketing seeds which are subject to sections 2 to 56, inclusive, of this act.
2. The provisions of sections 47 and 48 of this act do not apply to tree seed produced by the consumer.
Sec. 53. A person who sells, offers to sell or exposes for sale seeds which are subject to the provisions of sections 2 to 56, inclusive, of this act is not responsible for incorrect labeling or representation as to kind, species, variety, type or origin, elevation and year of collection, if applicable, of such seeds if:
1. The seeds cannot be identified by mere examination;
2. He obtains and relies upon:
(a) An invoice;
(b) A genuine growers or tree seedsmans declaration; or
(c) Other labeling information; and
3. He takes such other precautions as may be reasonable to insure that the labeling and representations are correct.
Sec. 54. 1. Whenever any grain or seed is processed, all screenings or cleanings from such grain or seed shall be removed from the premises only under a permit issued by the executive director.
2. It is unlawful to distribute, give away, sell or use screenings or cleanings containing prohibited or restricted noxious weed seeds unless the screenings have been either ground or treated, or both, in a manner approved by the executive director to destroy the viability of the noxious weed seeds.
Sec. 55. 1. Any lot of seed found or reasonably suspected to be in violation of any of the provisions of sections 2 to 54, inclusive, of this act is subject to seizure upon a complaint by the executive director filed in the district court of the county in which the seed is located.
2. If the court finds that the seed is in violation of any of such provisions, it may, after allowing the party or parties in interest to apply for the release of the seed or for permission to bring the seed into compliance with the law, make such orders as may be necessary for the seed to be processed, relabeled, denatured, destroyed or otherwise disposed of according to the circumstances of the case.
Sec. 56. Any person who violates any of the provisions of sections 2 to 54, inclusive, of this act is guilty of a misdemeanor.
Sec. 57. NRS 561.305 is hereby amended to read as follows:
561.305 The department shall establish and maintain a laboratory or laboratories for the following purposes:
κ1969 Statutes of Nevada, Page 364 (CHAPTER 219, AB 121)κ
1. The diagnosis of infectious, contagious and parasitic diseases of livestock, as may be necessary under the provisions of chapter 571 of NRS.
2. The diagnosis of infectious, contagious and parasitic diseases of bees, as may be necessary under the provisions of NRS 552.085 to 552.310, inclusive.
3. The diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as may be necessary under the provisions of NRS 554.010 to 554.240, inclusive.
4. The survey and identification of insect pests, plant diseases and noxious weeds, and the maintenance of a herbarium, as may be necessary under the provisions of NRS 555.010 to 555.249, inclusive.
5. The testing of economic poisons, insecticides, fungicides, herbicides and rodenticides as may be necessary under the provisions of NRS 586.010 to 586.450, inclusive, and NRS 555.260 to 555.460, inclusive.
6. The safekeeping and maintenance of official standards of weights and measures as may be necessary under the provisions of NRS 581.010 to 581.460, inclusive.
7. The testing and grading of agricultural products and the testing of the purity and germinating power of agricultural seeds, as may be necessary under the provisions of [NRS 587.010 to 587.280, inclusive.] chapter 587 of NRS.
8. The analysis and testing of commercial fertilizers and agricultural minerals as may be necessary under the provisions of NRS 588.010 to 588.350, inclusive.
9. The analysis and testing of petroleum products, as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.
10. The analysis and testing of antifreeze, as may be necessary under the provisions of NRS 590.340 to 590.450, inclusive.
11. Any laboratory examinations, diagnoses, analyses or testing as may be deemed necessary by the executive director and which can be made with equipment available in any such laboratory. Any citizen shall have the privilege of submitting samples to the department for examination, diagnosis, analysis or testing, subject to such rules and regulations as may be promulgated by the executive director.
Sec. 58. NRS 561.355 is hereby amended to read as follows:
561.355 1. The plant industry fund is hereby created in the state treasury for the use of the department.
2. The following fees and moneys shall be deposited in the plant industry fund:
(a) Fees and moneys collected pursuant to the provisions of chapters 555, 581, 582 and 587 of NRS.
(b) Laboratory fees collected for the diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 554.010 to 554.240, inclusive.
(c) Laboratory fees collected for the survey and identification of insect pests, plant diseases and noxious weeds, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 555.010 to 555.249, inclusive.
κ1969 Statutes of Nevada, Page 365 (CHAPTER 219, AB 121)κ
(d) Laboratory fees collected for the testing of the purity and germinating power of agricultural seeds, as authorized by NRS 561.305, and as may be necessary under the provisions of [NRS 587.010 to 587.280, inclusive.] sections 2 to 56, inclusive, of this act.
3. Expenditures from the plant industry fund shall be made only for the purposes of carrying out the provisions of chapters 554, 555, 581, 582 and 587 of NRS, and the provisions of this chapter.
Sec. 59. NRS 587.010, 587.020, 587.030, 587.040, 587.050, 587.060, 587.070, 587.080, 587.100, 587.150, 587.160, 587.170, 587.180, 587.190, 587.200, 587.210, 587.220, 587.230, 587.240, 587.250, 587.260, 587.270 and 587.280 are hereby repealed.
________
Senate Bill No. 353Senator Lamb
CHAPTER 220
AN ACT relating to gaming; establishing procedures for issuing gaming licenses to corporations; and providing other matters properly relating thereto.
[Approved April 1, 1969]
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 20, inclusive, of this act.
Sec. 2. 1. The policy of the State of Nevada with respect to the issuance of state gaming licenses to corporations is:
(a) To broaden the opportunity for investment in gaming through the pooling of capital in corporate form.
(b) To maintain effective control over the conduct of gaming by corporate licensees.
(c) To restrain any speculative promotion of the stock or other securities of gaming enterprises.
2. The commission may waive one or more of the requirements of NRS 463.490 to 463.560, inclusive, and sections 2 to 20, inclusive, of this act if it makes a written finding that such waiver is consistent with the state policy set forth in NRS 463.130 and this section.
Sec. 3. As used in NRS 463.160, 463.510 to 463.560, inclusive, and sections 2 to 20, inclusive, of this act, the words and terms defined in sections 4 to 9, inclusive, of this act have the meanings ascribed to them in sections 4 to 9, inclusive, of this act unless the context otherwise requires.
Sec. 4. Director means any director of a corporation or any person performing similar functions with respect to any organization.
Sec. 5. Equity security means:
1. Any voting stock of a corporation, or similar security;
2. Any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security;
κ1969 Statutes of Nevada, Page 366 (CHAPTER 220, SB 353)κ
3. Any such warrant or right; or
4. Any security having a direct or indirect participation in the profits of the issuer.
Sec. 6. 1. Holding company means any corporation, firm, partnership, trust or other form of business organization not a natural person which, directly or indirectly:
(a) Owns;
(b) Has the power or right to control; or
(c) Holds with power to vote,
all or any part of the outstanding voting securities of a corporation which holds or applies for a state gaming license.
2. For the purposes of this section, in addition to any other reasonable meaning of the words used, a holding company indirectly has, holds or owns any power, right or security mentioned in subsection 1 if it does so through any interest in a subsidiary or successive subsidiaries, however many such subsidiaries may intervene between the holding company and the corporate licensee or applicant.
Sec. 7. Intermediary company means any corporation, firm, partnership, trust or other form of business organization other than a natural person which:
1. Is a holding company with respect to a corporation which holds or applies for a state gaming license; and
2. Is a subsidiary with respect to any holding company.
Sec. 8. Publicly traded corporation means any corporation which has an equity security:
1. Listed for trading on either the New York Stock Exchange or American Stock Exchange; or
2. Subject to registration under section 12 of the Securities Exchange Act of 1934, as amended (15 U.S.C. § 781).
Sec. 9. Subsidiary means:
1. Any corporation all or any part of whose outstanding equity securities are:
(a) Owned;
(b) Subject to a power or right of control; or
(c) Held with power to vote,
by a holding company or intermediary company; or
2. Any firm, partnership, trust or other form of business organization not a natural person, all or any interest in which is:
(a) Owned;
(b) Subject to a power or right of control; or
(c) Held with power to vote,
by a holding company or intermediary company.
Sec. 10. Sections 11 to 14, inclusive, of this act apply to every holding company or intermediary company except a publicly traded corporation which has been exempted from the operation of all or some of the provisions of such sections pursuant to section 15 of this act.
Sec. 11. 1. If the corporation applying for or holding a license is or becomes a subsidiary, each holding company and each intermediary company with respect thereto must:
(a) Qualify to do business in the State of Nevada.
κ1969 Statutes of Nevada, Page 367 (CHAPTER 220, SB 353)κ
(b) If it is a corporation, register with the commission and furnish the board:
(1) A complete list of all stockholders when it first registers, and annually thereafter, within 30 days after the annual meeting of the stock-holders of the corporation, showing the number of shares held by each.
(2) The names of all corporate officers within 30 days of their appointment.
(3) The names of all members of the board of directors within 30 days of their election.
(c) If it is a firm, partnership, trust or other form of business organization, it must register with the commission and furnish the board such analogous information as the commission may prescribe.
2. The board or the commission may in its discretion make such investigations concerning the officers, directors, underwriters, security holders, partners, principals, trustees or direct or beneficial owners of any interest in any holding company or intermediary company as it deems necessary.
3. If the commission finds that any person owning, controlling or holding with power to vote all or any part of any class of security of, or any interest in, any holding company or intermediary company is unsuitable to be connected with a licensed gaming enterprise, it shall so notify such unsuitable person, the holding company or intermediary company, or both. Such unsuitable person shall immediately offer such security to the issuing corporation, or such interest to the firm, partnership, trust or other business organization, for purchase. The corporation shall purchase the security so offered, or the firm, partnership, trust or other business organization shall purchase the interest so offered, for cash at fair market value within 10 days after the date of the offer.
4. Beginning upon the date when the commission serves notice of a determination of unsuitability pursuant to subsection 3, it is unlawful for the unsuitable person:
(a) To receive any dividend or interest upon any such securities, or any dividend, payment or distribution of any kind from any holding company or intermediary company;
(b) To exercise, directly or indirectly or through any proxy, trustee or nominee, any voting right conferred by such securities or interest; or
(c) To receive any remuneration in any form from the corporate gaming licensee, or from any holding company or intermediary company with respect thereto, for services rendered or otherwise.
5. Every security issued by a holding company or intermediary company which directly or indirectly:
(a) Owns;
(b) Has the power or right to control; or
(c) Holds with power to vote,
all or any part of the outstanding equity securities of a corporate gaming licensee shall bear a statement, on both sides of the certificate evidencing such security, of the restrictions imposed by this section.
6. A holding company or intermediary company subject to subsection 1 shall not make any public offering of any of its securities unless such public offering has been approved by the commission.
κ1969 Statutes of Nevada, Page 368 (CHAPTER 220, SB 353)κ
7. The commission may by general regulation or selectively impose on any holding company or intermediary company any requirement not inconsistent with law which it may deem necessary in the public interest. Without limiting the generality of the preceding sentence, any such requirement may deal with the same subject matter as, but be more stringent than, the requirements imposed by NRS 463.490 to 463.560, inclusive, and sections 2 to 20, inclusive, of this act.
Sec. 12. 1. Each officer, employee, director, partner, principal, trustee or direct or beneficial owner of any interest in any holding company or intermediary company, who the commission determines is, or is to become, engaged in the administration or supervision of, or any other involvement with, the gaming activities of a corporate licensee, must be found suitable therefor and may be required to be licensed by the commission, prior to such engagement.
2. If any officer, employee, director, partner, principal, trustee or direct or beneficial owner required to be found suitable pursuant to subsection 1 fails to apply for a gaming license within 30 days after being requested so to do by the commission, or is not found suitable by the commission, or his suitability or license is rescinded after such finding by the commission, the holding company or intermediary company, or both, shall immediately remove such officer, employee, director, partner, principal, trustee or owner from any position wherein he is engaged in the administration or supervision of, or any other involvement with, the gaming activities of a corporate licensee. If the commission suspends the suitability or license of any such officer, employee, director, partner, principal, trustee or owner, the holding company or intermediary company, or both, shall, immediately and for the duration of such suspension, suspend such person from performing any duties wherein he is engaged in administration or supervision of the gaming activities of the corporate licensee and from any other involvement therewith.
Sec. 13. If the corporation applying for or holding a license is or becomes a subsidiary, each holding company and intermediary company shall furnish the board the following information:
1. The organization, financial structure and nature of the business it operates.
2. The terms, position, rights and privileges of the different classes of securities outstanding.
3. The terms on which its securities are to be, and during the preceding 3 years have been, offered to the public or otherwise.
4. The terms and conditions of all outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device pertaining to the corporate gaming licensee.
5. The extent of the security holding or other interest in the holding company or intermediary company of all officers, employees, directors, underwriters, partners, principals, trustees or any direct or beneficial owner, and any remuneration as compensation for their services, in the form of salary, wages, fees, or by contract, pertaining to the corporate gaming licensee.
6. Remuneration to others than directors and officers exceeding $30,000 per annum.
κ1969 Statutes of Nevada, Page 369 (CHAPTER 220, SB 353)κ
7. Bonus and profit-sharing arrangements.
8. Management and service contracts.
9. Options existing or to be created in respect of their securities or other interests.
10. Balance sheets, certified by independent certified public accountants, for not more than the 3 preceding fiscal years, or, if the holding company or intermediary company has not been in existence more than 3 years, balance sheets from the time of its establishment.
11. Profit and loss statements, certified by independent certified public accountants, for not more than the 3 preceding fiscal years, or, if the holding company or intermediary company has not been in existence more than 3 years, profit and loss statements from the time of its establishment.
12. Any further financial statements which the board may deem necessary or appropriate for the protection of the State of Nevada, licensed gambling, or both.
13. An annual profit and loss statement and an annual balance sheet, and a copy of its annual federal income tax return, within 30 days after such return is filed with the Federal Government.
Sec. 14. If any corporate licensee, or if any holding company or intermediary company with respect thereto, does not comply with the laws of the State of Nevada and the regulations of the commission, the commission may, in its discretion, do any one, all or a combination of the following:
1. Revoke, limit, condition or suspend the gaming license of the corporate licensee; or
2. Fine the persons involved, or the corporate licensee, or such holding company or intermediary company,
in accordance with the laws of the State of Nevada and the regulations of the commission.
Sec. 15. The commission may exempt a publicly traded corporation from compliance with some or all of the provisions of sections 11 to 14, inclusive, of this act. To the extent of such exemption, such corporation shall comply instead with the provisions of sections 16 to 19, inclusive, of this act.
Sec. 16. If a corporation applying for or holding a state gaming license is or becomes owned in whole or in part or controlled by a publicly traded corporation, such publicly traded corporation must:
1. Maintain a ledger in the principal office of its subsidiary which is licensed to conduct gaming in the State of Nevada, and which shall:
(a) Reflect the ownership of record of each outstanding share of any class of equity security issued by the publicly traded corporation. The ledger may initially consist of a copy of its latest list of equity security holders and thereafter be maintained by adding a copy of such material as it regularly receives from the transfer agent for its equity securities of any class which are outstanding.
(b) Be available for inspection by the board and the commission and their authorized agents at all reasonable times without notice.
2. Register with the commission and provide the following information to the board:
(a) The organization, financial structure and nature of the business of the publicly traded corporation, including the names of all officers, directors and any employees actively and directly engaged in the administration or supervision of the activities of the corporate gaming licensee, and the names, addresses and number of shares held of record by holders of its equity securities.
κ1969 Statutes of Nevada, Page 370 (CHAPTER 220, SB 353)κ
the publicly traded corporation, including the names of all officers, directors and any employees actively and directly engaged in the administration or supervision of the activities of the corporate gaming licensee, and the names, addresses and number of shares held of record by holders of its equity securities.
(b) The rights and privileges accorded the holders of different classes of its authorized equity securities.
(c) The terms on which its equity securities are to be, and during the preceding 3 years have been, offered by the corporation to the public or otherwise initially issued by it.
(d) The terms and conditions of all its outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device, directly relating to the gaming activities of the corporate gaming licensee.
(e) The extent of the equity security holdings of record in the publicly traded corporation of all officers, directors, underwriters and persons owning of record equity securities of any class of the publicly traded corporation, and any payment received by any such person from the publicly traded corporation for each of its 3 preceding fiscal years for any reason whatsoever.
(f) Remuneration exceeding $30,000 per annum to persons other than directors and officers who are actively and directly engaged in administration or supervision of the gaming activities of the corporate gaming licensee.
(g) Bonus and profit-sharing arrangements of the publicly traded corporation directly or indirectly relating to the gaming activities of the corporate gaming licensee.
(h) Management and service contracts of the publicly traded corporation directly or indirectly relating to the gaming activities of the corporate gaming licensee.
(i) Options existing or from time to time created in respect of its equity securities.
(j) Balance sheets, certified by independent public accountants, for at least the 3 preceding fiscal years, or if the publicly traded corporation has not been incorporated for a period of 3 years, balance sheets from the time of its incorporation. These balance sheets may be those filed by it with or furnished by it to the Securities and Exchange Commission.
(k) Profit and loss statements, certified by independent certified public accountants, for at least 3 preceding fiscal years, or, if the publicly traded corporation has not been incorporated for a period of 3 years, profit and loss statements from the time of its incorporation. These profit and loss statements may be those filed by it with or furnished by it to the Securities and Exchange Commission.
(l) Any further information within the knowledge or control of the publicly traded corporation which either the board or the commission may deem necessary or appropriate for the protection of the State of Nevada, or licensed gambling, or both. The board or the commission may in its discretion make such investigation of the publicly traded corporation or any of its officers, directors, security holders or other persons associated therewith as it deems necessary.
3. If the publicly traded corporation is a foreign corporation, it must also qualify to do business in the State of Nevada.
κ1969 Statutes of Nevada, Page 371 (CHAPTER 220, SB 353)κ
4. The commission may by general regulation or selectively impose on any publicly traded corporation any requirement not inconsistent with law which it may deem necessary in the public interest. Without limiting the generality of the preceding sentence, any such requirement may deal with the same subject matter as, but be more stringent than, the requirements imposed by NRS 463.490 to 463.560, inclusive, and sections 2 to 20, inclusive, of this act.
Sec. 17. 1. Each officer and employee of a publicly traded corporation, who the commission determines is, or is to become, actively and directly engaged in the administration or supervision of the gaming activities of the corporate gaming licensee must be found suitable therefor and may be required to be licensed by the commission.
2. If any such officer or employee of a publicly traded corporation required to be found suitable individually pursuant to subsection 1 fails to apply for such gaming license within 30 days after being requested to do so by the commission, or is not found suitable by the commission, or his suitability or license is rescinded after such finding by the commission, the publicly traded corporation shall immediately remove such officer or employee from any office or position wherein he is actively and directly engaged in the administration or supervision of the gaming activities of the corporate gaming licensee. If the commission suspends the suitability of any officer or employee, the publicly traded corporation shall, immediately and for the duration of such suspension, suspend such officers or employees from performance of any duties wherein they are actively and directly engaged in administration or supervision of the gaming activities of the corporate gaming licensee.
Sec. 18. After the publicly traded corporation has registered pursuant to this chapter, and while the subsidiary holds a gaming license, the publicly traded corporation shall:
1. Report promptly to the commission in writing any change in its officers, directors or employees who are actively and directly engaged in the administration or supervision of the gaming activities of the corporate gaming licensee.
2. Each year furnish to the commission a profit and loss statement and a balance sheet of the publicly traded corporation as of the end of such year, and, upon request of the commission therefor, a copy of the publicly traded corporations federal income tax return within 30 days after such return is filed with the Federal Government. All such profit and loss statements and balance sheets shall be submitted within 120 days after the close of the fiscal year to which they relate, and may be those filed by the publicly traded corporation with or furnished by it to the Securities and Exchange Commission.
3. Report promptly to the commission in writing any changes in ownership of record of its equity securities which indicate that any person has become the owner of record of more than 10 percent of its outstanding equity securities of any class.
4. Upon request of the commission furnish to it a copy of any document filed by the publicly traded corporation with the Securities and Exchange Commission or with any national or regional securities exchange to be confidential in nature, or furnished by it to any of its equity security holders of any class.
κ1969 Statutes of Nevada, Page 372 (CHAPTER 220, SB 353)κ
Sec. 19. If any corporate licensee owned or controlled by a publicly traded corporation subject to the provisions of this chapter, or such publicly traded corporation, does not comply with the laws of the State of Nevada and the regulations of the commission, the commission may in its discretion do any one, all or a combination of the following:
1. Revoke, limit, condition or suspend the gaming license of the corporate licensee; or
2. Fine the persons involved, the corporate licensee or the publicly traded corporation
in accordance with the laws of the State of Nevada and the regulations of the commission.
Sec. 20. The disclosure, including the production of any document or information contained in any document filed with the board or commission, to any person outside the board or commission, or to any administrative agency or other authority except a court of record of this state, in response to any request or demand for the disclosure of such records, document or information, shall be made only with the prior approval of the gaming policy board, pursuant to such rules and regulations as it may establish where necessary or appropriate in the public interest.
Sec. 21. NRS 463.0124 is hereby amended to read as follows:
463.0124 Person [means any corporation or association] includes any association, corporation, firm, partnership, trust or other form of business association as well as a natural person.
Sec. 22. NRS 463.160 is hereby amended to read as follows:
463.160 1. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
(a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any game or slot machine as defined in this chapter, or to operate, carry on, conduct or maintain any horserace book or sports pool; or
(b) To provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or
(c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running [,] or carrying on [or permitting the same to be carried on,] any game, slot machine, horserace book or sports pool,
without having first procured, and thereafter maintaining in full force and effect, all federal, state, county and municipal gaming licenses as required by statute or ordinance or by the governing board of any unincorporated city or town.
2. It is unlawful for any person to lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest or any percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license for the same.
3. It is unlawful for any person to lend, let, lease or otherwise deliver or furnish, except by a bona fide sale, any slot machine under guise of any agreement whatever whereby any consideration whatever is paid or is payable for the right to possess or use such slot machine, whether such consideration is measured by a percentage of the revenue derived from such machine or by a fixed fee or otherwise, without having first procured a state gaming license for the same.
κ1969 Statutes of Nevada, Page 373 (CHAPTER 220, SB 353)κ
consideration is measured by a percentage of the revenue derived from such machine or by a fixed fee or otherwise, without having first procured a state gaming license for the same.
4. It is unlawful for any person to furnish services or property, real or personal, on a contract, lease or license basis, pursuant to which such person received payments based on earnings or profits or otherwise from any gambling game, including any slot machine, without having first procured a state gaming license. [; but the provisions of this subsection do not include any such person:
(a) Whose payments are a fixed sum determined in advance on a bona fide basis; and
(b) Receiving such payments on January 1, 1967.]
5. Any person who shall knowingly permit any gambling game, slot machine or device to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, except by a person who is licensed hereunder, or his employee, shall be guilty of a gross misdemeanor.
6. Any licensee who puts additional games or slot machines into play or displays such games or slot machines in a public area without authority of the commission to do so is subject to the penalties provided in NRS 463.310.
7. The provisions of subsections 2, 3 and 4 do not apply to any person:
(a) Whose payments are a fixed sum determined in advance on a bona fide basis for the furnishing of services or property other than a slot machine.
(b) Who furnishes services or property under a bona fide rental agreement or conditional sale contract for gaming equipment.
(c) Which is a wholly owned subsidiary of:
(1) A corporation holding a state gaming license; or
(2) A holding company or intermediary company, or publicly traded corporation, which has registered pursuant to section 11 or section 16 of this act and which has fully complied with the laws applicable to it as such.
Receipts or rentals or charges for real property, personal property or services do not lose their character as payments of a fixed sum or as bona fide because of contract, lease or license provisions for adjustments in charges, rentals or fees on account of changes in taxes or assessments, cost-of-living index escalations, expansions or improvement of facilities, or changes in services supplied; and receipts of percentage rentals or percentage charges between a corporate licensee and the entities enumerated in paragraph (c) are permitted under this subsection.
8. The commission may determine the suitability, or may require the licensing, of any person who furnishes services or property to a state gaming licensee under any arrangement pursuant to which such person receives payments based on earnings, profits or receipts from gaming. The commission may require any such person to comply with the requirements of this chapter and with the regulations of the commission. If the commission determines that any such person is unsuitable, it may require such arrangement to be terminated.
κ1969 Statutes of Nevada, Page 374 (CHAPTER 220, SB 353)κ
Sec. 23. NRS 463.490 is hereby amended to read as follows:
463.490 In order to be eligible to receive a state gaming license, a corporation shall:
1. Be incorporated: [in]
(a) In the State of Nevada, although such corporation may be a wholly or partly owned subsidiary of a corporation which is chartered in another state of the United States, or
(b) In another state of the United States, if all persons having any direct or indirect interest of any nature in such corporation are licensed as required by NRS 463.530 and any applicable regulations of the commission.
2. Maintain an office of the corporation on the licensed premises.
3. Comply with all of the requirements of the laws of the State of Nevada pertaining to corporations; and
4. Maintain a ledger in the principal office of the corporation in Nevada, which shall:
(a) At all times reflect the ownership of every class of security issued by the corporation; and
(b) Be available for inspection by the board, commission and their authorized agents, at all reasonable times without notice.
Sec. 24. NRS 463.500 is hereby amended to read as follows:
463.500 1. No Nevada corporation is eligible to receive a state gaming license unless the conduct of gaming is among the purposes stated in its articles of incorporation [.] , and no foreign corporation is eligible to receive a state gaming license unless it qualifies to do business in the State of Nevada.
2. The secretary of state shall not accept for filing any articles of incorporation of any Nevada corporation which include as a stated purpose the conduct of gaming, or any amendment thereto, or any amendment which adds such purpose to articles of incorporation already filed, unless such articles or amendment have been approved by the commission.
3. In addition to any other requirement provided by law, no public offering of any security of any Nevada corporation whose articles of incorporation include as a stated purpose the conduct of gaming may be made unless such public offering has been approved by the commission.
4. As used in this section, public offering means any sale or offer to sell which is communicated to five or more persons, but the commission may by regulation classify public offerings as to the procedure for approval.
Sec. 25. NRS 463.510 is hereby amended to read as follows:
463.510 1. The sale, assignment, transfer, pledge or other disposition of any security issued by a [Nevada] corporation which holds a state gaming license is ineffective unless approved in advance by the commission.
2. If at any time the commission finds that an individual owner of any such security is unsuitable to continue as a gaming licensee in this state, such owner shall immediately offer such security to the issuing corporation for purchase. [If the corporation does not purchase any such security, the owner may offer it to other purchasers, subject to prior approval by the commission as provided in subsection l.]
κ1969 Statutes of Nevada, Page 375 (CHAPTER 220, SB 353)κ
approval by the commission as provided in subsection l.] The corporation shall purchase the security so offered, for cash at fair market value, within 10 days after the date of the offer.
3. Beginning upon the date when the commission serves notice of a determination of unsuitability pursuant to subsection 2 upon the [Nevada] corporation, it is unlawful for the unsuitable owner:
(a) To receive any dividend or interest upon any such security;
(b) To exercise, directly or through any trustee or nominee, any voting right conferred by such security; or
(c) To receive any remuneration in any form from the [Nevada] corporation, for services rendered or otherwise.
4. Every security issued by a [Nevada] corporation which holds a gaming license shall bear a statement, on both sides of the certificate evidencing such security, of the restrictions imposed by this section.
Sec. 26. NRS 463.520 is hereby amended to read as follows:
463.520 The [Nevada] corporation which applies for a state gaming license shall register as a corporation with the board, and shall provide the following information to the board:
1. The organization, financial structure and nature of the business to be operated, including the names, personal history and fingerprints of all officers, directors and key employees, and the names, addresses and number of shares held by all stockholders.
2. The rights and privileges acquired by the holders of different classes of authorized securities, including debentures.
3. The terms on which securities are to be offered.
4. The terms and conditions of all outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device.
5. The extent of the equity security holding in the corporation of all officers, directors and underwriters, and their remuneration as compensation for services, in the form of salary, wages, fees or otherwise.
6. Remuneration to persons other than directors and officers exceeding $20,000 per annum.
7. Bonus and profit-sharing arrangements.
8. Management and service contracts.
9. Options existing, or to be created.
10. Balance sheets for at least the 3 preceding fiscal years, or, if the corporation has not been incorporated for a period of 3 years, balance sheets from the time of its incorporation. All balance sheets shall be certified by independent public accountants certified or registered in the State of Nevada.
11. Profit and loss statements for at least the 3 preceding fiscal years, or, if the corporation has not been incorporated for a period of 3 years, profit and loss statements from the time of its incorporation. All profit and loss statements shall be certified by independent public accountants certified or registered in the State of Nevada.
12. Any further financial data which the board may deem necessary or appropriate for the protection of the State of Nevada, or licensed gambling, or both.
Sec. 27. NRS 463.530 is hereby amended to read as follows:
463.530 All officers and directors of the corporation which holds or applies for a state gaming license must be licensed individually, according to the provisions of this chapter, and if, in the judgment of the commission, the public interest will be served by requiring any or all of the corporations individual stockholders, lenders, holders of evidence of indebtedness, underwriters, key executives, agents or employees to be licensed, the corporation shall require such persons to apply for a license in accordance with the laws and requirements in effect at the time the commission requires such licensing.
κ1969 Statutes of Nevada, Page 376 (CHAPTER 220, SB 353)κ
applies for a state gaming license must be licensed individually, according to the provisions of this chapter, and if, in the judgment of the commission, the public interest will be served by requiring any or all of the corporations individual stockholders, lenders, holders of evidence of indebtedness, underwriters, key executives, agents or employees to be licensed, the corporation shall require such persons to apply for a license in accordance with the laws and requirements in effect at the time the commission requires such licensing.
Sec. 28. NRS 463.560 is hereby amended to read as follows:
463.560 1. If the commission finds any key executive of a corporation which holds a state gaming license unsuitable to hold a gaming license in the State of Nevada, the corporation shall, within 30 days of notification by registered or certified United States mail to the corporation of such finding, terminate the appointment or employment of any such unsuitable person.
2. If the corporation names a person to replace the person found unsuitable, it shall promptly notify the commission of such action and shall cause such person to apply for a gaming license in the event his predecessor had such a license.
Sec. 29. NRS 463.570, 463.580, 463.590, 463.600, 463.610, 463.620, 463.630 and 463.640 are hereby repealed.
Sec. 30. This act shall become effective upon passage and approval.
________
Assembly Bill No. 538Mr. Capurro
CHAPTER 221
AN ACT relating to the capital stock of state banks; permitting the issuance of capital stock for considerations other than cash; providing a procedure to authorize such issuance; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 661.040 is hereby amended to read as follows:
661.040 1. The capital stock of any bank subject to the provisions of this Title and doing business under the laws of this state may be increased or decreased within the limitations prescribed by this Title at any time by a resolution adopted by two-thirds of its stockholders at any regular meeting or at a special meeting called for that purpose, of which all stockholders shall have due notice, in the manner provided by the bylaws of such corporation.
2. No resolution for the decrease of capital stock shall be so acted upon until notice of such proposed decrease shall have been published once a week for a period of at least 4 weeks in a daily newspaper of general circulation, if one is published in the county in which such bank is located, or if none, then in a weekly newspaper of general circulation published in the county.
κ1969 Statutes of Nevada, Page 377 (CHAPTER 221, AB 538)κ
3. A certificate must be filed with the superintendent of banks by the officers of the meeting, and by a majority of the directors, showing:
(a) The compliance with the provisions of this section.
(b) The amount of capital stock represented at the meeting.
(c) The vote upon the question to increase or decrease the capital stock.
4. No such changes in the capital stock of any such corporation shall be voted upon by the stockholders until the same shall have been agreed to in writing by the superintendent of banks. [No] Except as provided in subsection 8, no increase of the capital stock shall be finally approved by the superintendent of banks until the amount thereof shall have been paid in cash; but such increased capital may, when authorized by two-thirds of the stockholders of the bank, be paid in whole or in part from its surplus or undivided profits.
5. Whenever the capital stock of any bank shall be decreased, as provided in this section, each stockholder, owner or holder of any stock certificate shall surrender the same for cancellation, and shall be entitled to receive a new certificate for his proportion of the new stock.
6. No decrease in the capital stock of any bank shall be approved, unless such bank with reduced capital shall be entirely solvent, and no reduction in capital shall be approved to an amount less than is authorized by this Title for banks hereafter incorporated.
7. Whenever the capital stock of any bank shall be increased or decreased as provided in this section, and the same shall have been finally approved by the superintendent of banks, a certificate signed by the president and cashier of the bank, setting forth the amount of stock held by each shareholder shall be filed with the secretary of state, with the county clerk of the county in which such bank is located, and with the state board of finance.
8. The capital stock of a bank may be increased in the manner provided by subsection 1 to provide for authorized but unissued capital stock. Such authorized but unissued capital stock may be issued from time to time:
(a) To employees of the bank pursuant to a stock option or stock purchase plan. Any such plan may provide that the option may be exercised or that shares may be purchased on any business day.
(b) In exchange for convertible preferred stock or convertible capital debentures in accordance with the terms and provisions of such securities.
(c) For such other purposes and considerations as may be approved by the board of directors with the prior written consent of the superintendent of banks.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 378κ
Assembly Bill No. 175Mr. Dini
CHAPTER 222
AN ACT relating to criminal actions; requiring that voir dire examination be completed before application for change of venue; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 174.455 is hereby amended to read as follows:
174.455 1. A criminal action prosecuted by indictment, information or complaint may be removed from the court in which it is pending, on application of the defendant or state, on the ground that a fair and impartial trial cannot be had in the county where the indictment, information or complaint is pending.
2. An application for removal of a criminal action shall not be granted by the court until after the voir dire examination has been conducted and it is apparent to the court that the selection of a fair and impartial jury cannot be had in the county where the indictment, information or complaint are pending.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 291Senator Dodge
CHAPTER 223
AN ACT to amend the title of, the preambles of, and to amend an act entitled An Act authorizing the Walker River Irrigation District, with the consent of the California-Nevada interstate compact commission of the State of Nevada, to issue its bonds in an aggregate principal amount not exceeding $957,000, to improve the Districts irrigation works by the construction and other acquisition of a dam and reservoir at Hoye Canyon on the West Walker River, and of other works appurtenant or incidental thereto; otherwise relating to such bonds and to the levy and collection of annual assessments and general taxes for their payment; specifying powers, duties, rights, privileges, liabilities and limitations, and prescribing other details in connection therewith; making provisions pertaining thereto and relating to finances, loans, bonds and other obligations, special assessments, and general taxes; ratifying proceedings and actions previously taken; and providing other matters properly relating thereto, approved April 26, 1963, as amended.
[Approved April 1, 1969]
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 400, Statutes of Nevada 1963, at pages 997 and 998, is hereby amended to read as follows:
Section 1. [With the consent of the California-Nevada interstate compact commission of the State of Nevada created pursuant to the provisions of NRS 538.280 first had and obtained and evidenced by a resolution adopted by and entered in the minutes of the California-Nevada interstate compact commission of the State of Nevada,] Subject to the approval of the bonds by the qualified electors of the District as provided in subsection 3 of NRS 539.553 at a general, primary, regular or special election held by the District pursuant to NRS 539.105, 539.115, 539.123 to 539.155, inclusive, and 539.545 to 539.557, inclusive, the board of directors of the Walker River Irrigation District, in the counties of Lyon and Douglas and the State of Nevada, in addition to the powers elsewhere conferred upon the board, is hereby authorized and empowered, upon behalf of the District, without the necessity of [an election or other or further preliminaries,] other or further preliminaries other than an election, to issue the Districts negotiable, coupon, general obligation bonds, in the aggregate principal amount of not exceeding [$957,000,] $2,000,000, or such lesser amount as may be necessary, for the purpose of improving the irrigation works of the District by the construction and other acquisition of a dam and reservoir at Hoye Canyon on the West Walker River [,] and of other works appurtenant or incidental thereto [(in conjunction with the construction of the equalizer canal as already approved and financed by Small Projects fund, none of the bond proceeds to be used for the equalizer canal).]
κ1969 Statutes of Nevada, Page 379 (CHAPTER 223, SB 291)κ
resolution adopted by and entered in the minutes of the California-Nevada interstate compact commission of the State of Nevada,] Subject to the approval of the bonds by the qualified electors of the District as provided in subsection 3 of NRS 539.553 at a general, primary, regular or special election held by the District pursuant to NRS 539.105, 539.115, 539.123 to 539.155, inclusive, and 539.545 to 539.557, inclusive, the board of directors of the Walker River Irrigation District, in the counties of Lyon and Douglas and the State of Nevada, in addition to the powers elsewhere conferred upon the board, is hereby authorized and empowered, upon behalf of the District, without the necessity of [an election or other or further preliminaries,] other or further preliminaries other than an election, to issue the Districts negotiable, coupon, general obligation bonds, in the aggregate principal amount of not exceeding [$957,000,] $2,000,000, or such lesser amount as may be necessary, for the purpose of improving the irrigation works of the District by the construction and other acquisition of a dam and reservoir at Hoye Canyon on the West Walker River [,] and of other works appurtenant or incidental thereto [(in conjunction with the construction of the equalizer canal as already approved and financed by Small Projects fund, none of the bond proceeds to be used for the equalizer canal).] , including without limitation the construction and other acquisition of an equalizer canal, and the acquisition of sites, easements and other interests in lands therefor and of water and water rights pertaining thereto (herein sometimes designated as the Project).
Sec. 2. Section 2 of the above-entitled act, being chapter 400, Statutes of Nevada 1963, at page 998, is hereby amended to read as follows:
Section 2. The payment of such bonds shall be additionally secured by a pledge of all or a part of the proceeds derived from the annual assessments to be levied upon lands in the District according to the apportionment of benefits as [heretofore modified and confirmed,] fixed and determined by the board, pursuant to the provisions of the Nevada Irrigation District Act, as from time to time amended, and now cited as chapter 539 of NRS.
Sec. 3. Section 3 of the above-entitled act, being chapter 400, Statutes of Nevada 1963, as amended by chapter 58, Statutes of Nevada 1965, at pages 88 and 89, is hereby amended to read as follows:
Section 3. 1. Any bonds issued pursuant hereto may be sold in such manner as may be approved by the board to defray the cost of the Project, including all proper incidental expenses.
2. Bonds shall be sold at public or private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the board, below par at a discount not exceeding [6] 5 percent of the principal amount thereof. [and at a price which will not result in a net interest cost to the District of more than 6 percent per annum computed to maturity according to standard tables of bond values to the extent the maximum or any lesser amount of discount permitted by the board shall have been capitalized as a cost of the Project.]
3. No discount (except as herein otherwise provided expressly or by necessary implication) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.
4. The board may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.
κ1969 Statutes of Nevada, Page 380 (CHAPTER 223, SB 291)κ
services in connection with the Project and the authorization, issuance and sale of the bonds.
5. Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the board, may include all or any part of the incidental costs appertaining to the Project, including without limiting the generality of the foregoing, preliminary expenses advanced by the District from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, assessment plats, other preliminaries, the costs of appraising, apportioning benefits, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the Project, the taking of options, the issuance of bonds and other securities, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any construction or other reasonable period, and of a reserve fund to secure additionally the payment of the interest on and principal of the bonds, the filing or recordation of instruments, the levy and collection of assessments and any installments thereof, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the board.
6. Any unexpended balance of such bond proceeds remaining after the completion of the Project shall be paid immediately into the fund created for the payment of the principal of the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
7. The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the acquisition of the Project.
8. The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the District or any of its officers, agents and employees.
9. No bonds hereby authorized shall be delivered after May 1, [1969.] 1974.
Sec. 4. Section 4 of the above-entitled act, being chapter 400, Statutes of Nevada 1963, at page 999, is hereby amended to read as follows:
Section 4. 1. If the special fund created by the proceeds of the annual assessments levied and collected pursuant to the provisions of the Nevada Irrigation District Act, as amended, is insufficient to pay the bonds and interest thereon as they become due, the deficiency shall be paid out of any general fund, reserve fund or any other available revenues of the District.
2. If any general fund, reserve fund or other available revenues of the District shall be insufficient to pay any such deficiency promptly, the board shall levy, and it shall be its duty to levy, general (ad valorem) taxes upon all property in the District which is by law taxable for state, county and municipal purposes, including the net proceeds of mines, without regard to any statutory limitation now or hereafter existing, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.
κ1969 Statutes of Nevada, Page 381 (CHAPTER 223, SB 291)κ
taxes upon all property in the District which is by law taxable for state, county and municipal purposes, including the net proceeds of mines, without regard to any statutory limitation now or hereafter existing, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.
3. Any such tax levy shall enjoy the same priority as provided by NRS [350.250,] 350.600, as from time to time amended, for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 5. Section 8 of the above-entitled act, being chapter 400, Statutes of Nevada 1963, at pages 1000 to 1002, inclusive, is hereby amended to read as follows:
Section 8. 1. The bonds of any series hereunder shall:
(a) Be of convenient denominations.
(b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment either as to principal alone, or as to both principal and interest.
(c) Be issued at one time or from time to time in one series or more [.] , in such manner as the board may determine, except as otherwise provided in this act.
(d) Mature serially in regular numerical order at annual or other designated intervals, in not exceeding [40] 50 years from the date of the bonds, commencing not later than 3 years therefrom, and in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, insofar as practicable, but the first or last installment of principal, or both such installments, may be for greater or lesser amounts than required by either of the aforesaid limitations, or at the option of the board, without limitation as to the amounts and the manner in which the bonds mature.
(e) Bear interest at a rate or rates of not more than [6] 7 percent per annum, the interest on each bond to be payable annually or semiannually, [except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year.] but the first interest payment date may be for interest accruing for any period not exceeding 1 year.
(f) Have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds, unless they be registered for payment as to both principal and interest, each of which coupons shall be consecutively numbered and shall bear the number of the bond to which it is attached.
(g) Be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada, as may be provided by the board.
(h) Be printed at such place or places, within or without the state, as the board may determine.
2. Any resolution authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, as the board may determine and state therein.
κ1969 Statutes of Nevada, Page 382 (CHAPTER 223, SB 291)κ
provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, as the board may determine and state therein.
3. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon.
4. The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board in the resolution or resolutions authorizing the bonds, except as herein otherwise provided.
5. Pending preparations of the definitive bonds, temporary bonds, in such form and with such provisions as the board may determine, may be issued.
6. Subject to the payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the [Negotiable Instruments Law (chapter 92 of NRS).] Uniform Commercial Code-Investment Securities.
7. Notwithstanding any other provision of law, the board in any proceedings authorizing bonds hereunder may:
(a) Provide for the initial issuance of one or more bonds (in this subsection 7 called bond) aggregating the amount of the entire issue or any portion thereof.
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
(d) Make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller or larger denominations, which bonds of smaller or larger denominations may in turn be either coupon bonds or bonds registrable, either as to principal, or both principal and interest, or both, at the option of the holder.
8. If [lost or completely destroyed,] lost, apparently destroyed or wrongfully taken, any bond may be reissued in the form and tenor of the [lost or destroyed bond upon the owner furnishing, to the satisfaction of the Board:
(a) Proof of ownership.
(b) Proof of loss or destruction.
(c) A surety bond in twice the face amount of the bond and coupons.
(d) Payment of the cost of preparing and issuing the new bond.] lost, apparently destroyed or wrongfully taken bond as provided in the Uniform Commercial Code-Investment Securities.
9. Any other bond may be reissued upon such conditions as the board may determine.
κ1969 Statutes of Nevada, Page 383 (CHAPTER 223, SB 291)κ
10. Any bond shall be executed in the name of and on behalf of the District, signed by the president of the District, countersigned by the secretary thereof, with the seal of the District affixed thereto.
11. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the secretary of the District.
12. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized; provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature. (Such a filing is not a condition precedent to the execution of any coupon.)
13. The secretary may cause the seal of the District to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.
14. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the District, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.
15. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 6. The preambles of the above-entitled act, being chapter 400, Statutes of Nevada 1963, at pages 996 and 997, are hereby amended to read as follows:
Whereas, The board of directors of the Walker River Irrigation District (herein sometimes designated as the board and as the District, respectively), in the counties of Lyon and Douglas and State of Nevada, has determined that the interests of the District and the public interest and necessity demand the improvement of the irrigation works of the District by the construction and other acquisition of a dam and reservoir at Hoye Canyon on West Walker River [,] and of other works appurtenant or incidental thereto; [(herein sometimes designated as the Project) ; and
Whereas, At a special election held at the same time as the general election of the District on Tuesday, the 4th day of April 1961 (herein sometimes designated as the election), there was submitted to the qualified electors of the District and approved by substantially in excess of two-thirds of the valid votes cast a question authorizing the District to issue its bonds (herein sometimes designated as the bonds), in the aggregate principal amount of $957,000, or so much thereof as may be necessary, to defray the cost of the Project, in conjunction with but not for the construction of the equalizer canal as already approved and financed by Small Projects fund; and
Whereas, The board caused to be made a list of apportionment of benefits and costs of the work in connection with the Project and met on the 10th day of July 1961, for the purpose of reviewing such apportionment of benefits, after due notice of such hearing, and thereafter duly apportioned such benefits; and
κ1969 Statutes of Nevada, Page 384 (CHAPTER 223, SB 291)κ
benefits and costs of the work in connection with the Project and met on the 10th day of July 1961, for the purpose of reviewing such apportionment of benefits, after due notice of such hearing, and thereafter duly apportioned such benefits; and
Whereas, The district court in and for the county of Lyon and State of Nevada, after due hearing, notice thereof and other preliminary proceedings, on the 30th day of August 1961, entered its decree reciting that the full faith and credit of the District is pledged to the punctual payment of the principal of and interest on the bonds, and confirming all proceedings theretofore taken preliminary to and in the holding of the election, preliminary to and in the issuance of the bonds, and preliminary to and in the apportionment of benefits from the Project preliminary to the levy of annual assessments upon lands within the District for the payment of the bonds, both principal and interest; and
Whereas, The board and officers of the District have been unable to market and issue any of the bonds on any terms deemed reasonable by the board; and
Whereas, The board and officers of the District have diligently proceeded with the Project in the manner contemplated when the bonds were authorized at the election; and
Whereas, In view of all facts and circumstances existing at that time and thereafter, the delay in issuing the bonds is reasonable, prudent and necessary; and
Whereas, The conditions of the District have not changed materially since the time the electors authorized the issuance of the bonds, except that the need for the Project has increased, and thus it is not inequitable to issue the bonds; and
Whereas, The purpose for which the bonds were originally authorized to be issued by the electors continues to be necessary; and
Whereas, At no time has there been an abandonment by the District of the right to deliver the bonds so authorized;] now, therefore,
Sec. 7. The title of the above-entitled act, being chapter 400, Statutes of Nevada 1963, at page 996, is hereby amended to read as follows:
AN ACT authorizing the Walker River Irrigation District [, with the consent of the California-Nevada interstate compact commission of the State of Nevada,] to issue its bonds in an aggregate principal amount not exceeding [$957,000,] $2,000,000, to improve the Districts irrigation works by the construction and other acquisition of a dam and reservoir at Hoye Canyon on the West Walker River, and of other works appurtenant or incidental thereto; otherwise relating to such bonds and to the levy and collection of annual assessments and general taxes for their payment; specifying powers, duties, rights, privileges, liabilities and limitations, and prescribing other details in connection therewith; making provisions pertaining thereto and relating to finances, loans, bonds and other obligations, special assessments, and general taxes; ratifying proceedings and actions previously taken; and providing other matters properly relating thereto.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 385κ
Assembly Bill No. 489Messrs. Bryan, Hilbrecht, Reid, Kean and Fry
CHAPTER 224
AN ACT relating to bail; providing procedures to increase bail; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 178 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. At any time after a district or justices court has ordered bail to be set at a specific amount, and before acquittal or conviction, the court may upon its own motion or upon motion of the district attorney and after notice to the defendant or to his counsel, increase the amount of bail for good cause shown.
2. If the defendant has been released on bail prior to the time when the motion to increase bail is granted, the defendant shall either return to custody or give the additional amount of bail.
________
Assembly Bill No. 409Committee on Commerce
CHAPTER 225
AN ACT relating to banks and trust companies; clarifying their capital stock requirements; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 659.070 is hereby amended to read as follows:
659.070 1. No person, firm, company, corporation or association, except banks doing business under the laws of the United States, shall engage in the banking business in this state without first obtaining from the superintendent of banks, as provided in this section, a license authorizing such person, firm, company, corporation or association to use the name and transact the business of a bank. The transacting of any banking business without such authority shall constitute a gross misdemeanor.
2. The amount of fees to be paid for such license shall be regulated in proportion to their authorized capitalization, as follows:
(a) [A bank having a capitalization up to and including $100,000 shall pay a license fee of $200.
(b) A bank having a capitalization of more than $100,000 and up to and including $200,000 shall pay a license fee of $300.
(c)] A bank having a capitalization of more than [$200,000] $250,000 and up to and including $500,000 shall pay a license fee of $500.
[(d)] (b) A bank having a capitalization of more than $500,000 and up to and including $1,000,000 shall pay a license fee of $750.
κ1969 Statutes of Nevada, Page 386 (CHAPTER 225, AB 409)κ
[(e)] (c) A bank having a capitalization of more than $1,000,000 shall pay a license fee of $1,000.
3. In addition to the provisions of subsection 2, every such bank shall pay a license fee of $100 for each branch bank, or branch office, maintained by it.
4. Every such bank shall pay annually thereafter, on April 1 of each year, a license fee equal to the original license fee provided in this section.
5. All moneys collected under the provisions of this section shall be paid into the general fund of the state treasury, and the state treasurer is hereby required to issue his receipt therefor.
6. The provisions of this section shall not apply to any bank while any portion of its deposits are restricted as to withdrawal pursuant to the provisions of this Title authorizing such restriction of withdrawals.
Sec. 2. NRS 661.010 is hereby amended to read as follows:
661.010 Hereafter, no bank or trust company shall be organized with a less capital than [$50,000,] $250,000, or in a greater amount as may be required by the superintendent of banks, and paid-up surplus of [$10,000,] $50,000, or in such greater amount as may be required by the superintendent of banks, and the full amount of the capital and surplus of any bank or trust company must be paid in cash, exclusive of all organization expenses, except as otherwise provided in this Title, before it shall be authorized to commence the business of banking.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 339Messrs. Hilbrecht, Reid, Lingenfelter and Fry
CHAPTER 226
AN ACT relating to executions; requiring that writs of execution be returned to the clerk within a time certain; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 21.040 is hereby amended to read as follows:
21.040 The execution [may] shall be returnable to the clerk with whom the judgment roll is filed [at any time] not less than 10 nor more than 60 days after its receipt by the sheriff.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 387κ
Assembly Bill No. 338Messrs. Close and Torvinen
CHAPTER 227
AN ACT relating to the commencement of a criminal action by the signing of a complaint; permitting such complaint to be signed before a notary public.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 171.102 is hereby amended to read as follows:
171.102 The complaint is a written statement of the essential facts constituting the public offense charged. It shall be made upon oath before a magistrate [.] or a notary public.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 337Messrs. Reid and Bryan
CHAPTER 228
AN ACT relating to estates in property; establishing notice requirements prior to the increase of certain rents; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 111 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A landlord may not increase the rent payable by a tenant occupying an apartment, dwelling or other place of abode unless he serves the tenant with a written notice 30 days in advance of the first rental payment to be increased, advising him of the increase.
2. Such notice may be served by:
(a) Delivering a copy to the tenant personally;
(b) Leaving a copy with some person of suitable age and discretion at the tenants residence or place of business; or
(c) Mailing a copy addressed to the tenant at his place of residence and posting a copy in a conspicuous place on the apartment, dwelling or place of abode.
________
κ1969 Statutes of Nevada, Page 388κ
Assembly Bill No. 320Mr. Jacobsen
CHAPTER 229
AN ACT relating to the powers of the state forester firewarden; authorizing contracts, studies and work for the restoration of forests and vegetative cover; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 472 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is the purpose of this section to provide for the maintenance of forest and vegetative cover on forest and watershed land, to conserve water and soil and to prevent destructive floods.
2. The state forester firewarden, with the approval of the director of the state department of conservation and natural resources, may:
(a) Enter into contracts with any state or federal public agency, municipal corporation, or any person, firm or private corporation to establish and preserve forest and vegetative cover on forest or watershed lands.
(b) Conduct surveys and studies, formulate plans and perform all acts incidental to the establishment and maintenance of forest and vegetative cover on forest and watershed lands, including any work necessary to accomplish such purposes.
3. In entering into contracts the state forester firewarden shall give priority to, but not be limited to, situations where:
(a) The natural vegetative cover has been destroyed or denuded to the extent that precipitation may create floods and serious soil depletion and erosion.
(b) The denuded area is of a size, and the topography and soil characteristics are of such a nature, that soil loss and floods will have a significant effect upon watershed values and the public welfare.
(c) The vegetative cover will not be restored by natural means in time effectively to prevent undue erosion and flood runoff.
(d) The natural succession of vegetation may be detrimental to the public welfare.
4. The state forester firewarden, or his agents, may enter into cooperative agreements with federal agencies, counties, county fire protection districts, cities and private landowners for the purposes set forth in this section.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 389κ
Assembly Bill No. 314Mr. Reid (By request)
CHAPTER 230
AN ACT relating to pawnbrokers; increasing the interest rate chargeable for money loaned on pledged property; increasing the minimum charge for any loan; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 646.050 is hereby amended to read as follows:
646.050 1. All pawnbrokers are authorized to charge and receive interest at the rate of [3] 4 percent a month for money loaned on the security of personal property actually received in pledge, and no person shall ask or receive a higher rate of interest or discount on any such loan, or on any actual or pretended sale or redemption of personal property. For any loan made a pawnbroker may make a minimum charge of [$1.] $3.
2. All personal property shall be held for redemption for a period of not less than 150 days from the date of pledge with any pawnbroker.
3. All pawnbrokers shall give to the person securing the loan a printed receipt clearly showing the amount loaned with a description of the pledged property. The reverse side of the receipt shall be marked in such a manner that the amounts of principal and interest paid by the person securing the loan can be clearly designated. Each payment shall be entered upon the reverse side of the receipt and each entry shall designate how much of the payment is being credited to principal and how much to interest, with dates of payments shown thereon.
________
Assembly Bill No. 300Mr. Jacobsen
CHAPTER 231
AN ACT relating to divorce and annulment records; establishing the time for collection of the statutory fee from each plaintiff; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 440.605 is hereby amended to read as follows:
440.605 1. For each divorce and annulment of marriage granted by any court in this state a report shall be prepared and filed by the clerk of the district court with the state registrar. The information necessary to prepare the report shall be furnished, with the complaint in the action, to the clerk of the district court by the complainant or his or her legal representative on the form furnished by the state registrar.
2. On the first business day of each month the clerk of the district court shall forward to the state registrar the report of each divorce and annulment granted during the preceding calendar month.
κ1969 Statutes of Nevada, Page 390 (CHAPTER 231, AB 300)κ
3. Every clerk of the district court shall collect, at the time the complaint is filed in any action for divorce or annulment of marriage, a fee of $1, which shall be forwarded to the state treasurer to be deposited in the general fund in the state treasury. Such fee shall be in addition to the other costs in the case.
________
Assembly Bill No. 297Messrs. Close and Lowman
CHAPTER 232
AN ACT relating to foreign trade zones; providing for the establishment of corporations to operate and maintain such zones; and providing other matters properly relating thereto.
[Approved April 1, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 19 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. The State of Nevada, any county, city, town or other political subdivision in this state may apply for authority to establish, operate and maintain foreign trade zones in this state, pursuant to the provisions of an Act of Congress entitled A bill to provide for the establishment, operation and maintenance of foreign trade zones in ports of entry in the United States, and to expedite and encourage foreign commerce, 19 U.S.C. §§ 81a to 81u, inclusive.
Sec. 3. Corporations whose purpose is to establish, operate and maintain foreign trade zones under the provisions of the laws of the United States may be organized under and shall comply with the appropriate provisions of Title 7 of NRS.
Sec. 4. Each foreign trade zone corporation organized under and subject to the appropriate provisions of Title 7 of NRS, as provided in section 3 of this act, may apply for and receive from the proper United States authorities a grant of the privilege of establishing, operating and maintaining a foreign trade zone, wholly or partly within the state.
Sec. 5. Each foreign trade zone corporation may establish, operate and maintain a foreign trade zone, upon receipt of and in accordance with the grant provided in section 4 of this act, subject to the laws of the United States and with all the powers and subject to all the restrictions contained in the appropriate provisions of Title 7 of NRS.
Sec. 6. This chapter shall be liberally construed in order to facilitate trade and commerce in the State of Nevada.
Sec. 7. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 391κ
Assembly Bill No. 125Committee on Agriculture
CHAPTER 233
AN ACT relating to public weighmasters; requiring certain information to be obtained before issuing weight certificates; authorizing public weighmasters to issue other weight certificates; and providing other matters properly relating thereto.
[Approved April 3, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 582.080 is hereby amended to read as follows:
582.080 1. The state sealer of weights and measures shall prescribe a form of weight certificate to be used by all public weighmasters.
2. The certificate shall be known as the state certificate of weights and measures. [and shall state thereon:
(a) The kind of product.
(b) The name of the owner, agent or consignee.
(c) The total weight of the product.
(d) The number of units of the product.
(e) The date of receipt of the product.
(f) The railroad, conveyance or other means by which the product was received.
(g) The trade-mark or other mark thereon.] Except as provided in in subsection 4, public weighmasters or their deputies shall record the following when issuing a weight certificate:
(a) The kind of product weighed.
(b) The name of the owner, agent or consignee of the product.
(c) The name of the recipient of the product, if applicable.
(d) The total weight of the product.
(e) The number of units of the product, if applicable.
(f) The date the certificate is issued.
(g) The identification, including the identification number, if any, of the carrier transporting the product.
(h) Such other information as may be necessary to distinguish or identify the product from a like kind.
3. No certificate other than the one prescribed in this section shall be used by public weighmasters [.] unless approved by the state sealer of weights and measures.
4. Nothing in this section shall be construed to prohibit public weighmasters or their deputies from issuing weight certificates for:
(a) Gross weight only.
(b) Tare weight only.
(c) Both gross and tare weights.
________
κ1969 Statutes of Nevada, Page 392κ
Assembly Bill No. 756Committee on Government Affairs
CHAPTER 234
AN ACT to amend an act entitled An Act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended.
[Approved April 3, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of Chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 150, Statutes of Nevada 1969, is hereby amended to read as follows:
Section 3. Officers, Election of-Elections, When and How Held; Commissioners Classes of Ballot. On the first Tuesday after the first Monday in May 1957, and on the same day every four years thereafter, a primary municipal election shall be held at which time there shall be nominated candidates for the two commissioners offices, the same being those designated as commissioners 2 and 4 whose terms expire in June 1957 [,] and a city attorney. [, and a judge of the municipal court.]
At the primary municipal election in May 1969 [, there shall be nominated a second judge of the municipal court.] and every 4 years thereafter, there shall be nominated four candidates for the offices of judge of the municipal court.
On the first Tuesday after the first Monday in May 1959, and on the same day every four years thereafter, a primary municipal election shall be held at which time there shall be nominated candidates for mayor, two commissioners offices, the same being those designated as commissioners 1 and 3.
A candidate for any office to be voted for at the primary municipal election shall file an affidavit of candidacy with the city clerk, not less than thirty (30) days nor more than forty (40) days before the primary election. If the last day limited for filing an affidavit of candidacy shall fall on a Saturday, Sunday, legal holiday or any holiday proclaimed by the governor, then the period so limited shall expire on the preceding business day at 5 p.m. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of $50. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.
If, in the primary municipal election, one candidate shall receive more than a majority of votes cast in that election for the office for which he is a candidate, his name alone shall be placed on the ballot for the general municipal election. If, in the primary municipal election, no candidate shall receive a majority of votes cast in that election for which he is a candidate, then the names of the two candidates receiving the highest number of votes shall be placed on the ballot for the general city election.
If the results of the primary municipal election reveal that for each of the single offices to be filled, one nominee therefor received more than a majority of the votes cast for such office, all such nominees shall be declared elected and the general municipal election shall not be held.
κ1969 Statutes of Nevada, Page 393 (CHAPTER 234, AB 756)κ
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1957, and on the same day every four years thereafter, at which time there shall be elected two commissioners, the same being designated as commissioners 2 and [4,] 4 and a city attorney. [and a judge of the municipal court.] All candidates shall be voted upon by the electors of the city at large.
At the general municipal election in June, 1969 [, there shall be elected a second judge of the municipal court, who shall be voted upon by the electors of the city at large.] and every 4 years thereafter, the two candidates who, by vote of the electors of the city at large, receive the highest number of votes for the offices of municipal judge shall be declared elected.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1959, and on the same day every four years thereafter, at which time there shall be elected a mayor and two commissioners, the same being designated as commissioners 1 and 3. All candidates shall be voted upon by the electors of the city at large.
The board of commissioners of the city shall, not later than the first Tuesday in March of each year in which city elections are to be held, order such elections and shall determine the places in the city for holding the same. The mayor shall forthwith make proclamation thereof, and otherwise the elections and the manner of holding the same shall be governed by the laws of the State of Nevada governing elections, and in the event there shall be any failure on the part of the general laws of the state to provide for some feature of the city elections, then the board of commissioners of the city shall have the power to provide for such deficiency. The four commissioners to be elected as provided for in this act shall be voted for and elected separately and shall be designated on the official ballot by numbering the same 1, 2, 3, and 4. Each person desiring to become a candidate for commissioner, as aforesaid, shall designate the number of the class to which he desires to become a candidate and his name shall be placed on the official ballots beneath the number he selected, and each voter shall vote for only one candidate in each class.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 589Committee on Health and Welfare (By request)
CHAPTER 235
AN ACT relating to mental illness; altering the statutes to reflect the practices in the care, treatment and hospitalization of the mentally ill; providing penalties; and providing other matters properly relating thereto.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 433.020 is hereby amended to read as follows:
433.020 That certain public institution heretofore established and maintained for the care of the mentally ill of the state shall be known and called the Nevada state hospital, and the words insane asylum, institute for the care of the insane, and all words of like import used in any law, process, investigation, subpena, or commitment, or in relation to any board or commission pertaining to or in any way concerning the arrest, examination, detention, or care of the mentally ill in this state shall be deemed to relate to the Nevada state hospital, and all processes and proceedings relating to the mentally ill of the state shall be conducted in that name.
κ1969 Statutes of Nevada, Page 394 (CHAPTER 235, AB 589)κ
called the Nevada state hospital, and the words insane asylum, institute for the care of the insane, and all words of like import used in any law, process, investigation, subpena, or commitment, or in relation to any board or commission pertaining to or in any way concerning the arrest, examination, detention, or care of the mentally ill in this state shall be deemed to relate to the Nevada state hospital, and all processes and proceedings relating to the mentally ill of the state shall be conducted in that name. Nothing in this section precludes the commitment of a mentally ill person to a private institution where such commitment is authorized by law.
Sec. 2. NRS 433.120 is hereby amended to read as follows:
433.120 The superintendent shall be the executive and administrative head of the hospital, and as such shall have the following powers and duties:
1. To exercise general supervision of, and make and revise rules and regulations for, the government of the hospital.
2. To be responsible for and to supervise the fiscal affairs and responsibilities of the hospital.
3. To make reports to the [welfare] administrator of the mental hygiene division, and to supply the administrator with material on which to base proposed legislation.
4. To keep the complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
5. To inform the public in regard to the activities and operation of the hospital.
6. To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 433.010 to 433.640, inclusive.
7. To cause to be kept a fair and full account of all medical affairs.
8. To perform neurological and psychiatric examinations [at] of persons committed to the Nevada state prison, the Nevada state childrens home, the Nevada girls training center and the Nevada youth training center when requested by the superintendents or wardens of those institutions.
9. To have standard medical histories currently maintained on all patients, and to administer the accepted and appropriate treatments to all patients under his care.
10. To undertake any diagnostic, medical or surgical procedure in the interest of the patient, and to give the required consent to a surgical operation upon any incompetent on behalf of the patient, where there is no known kindred or other person with legal authority to give such consent. The decision to perform such surgical operation shall be arrived at only after consultation and approval of at least two other physicians and surgeons licensed to practice in this state.
11. To submit a biennial report to the administrator of the mental hygiene division on the condition, operation and functioning of the hospital, and anticipated needs of the hospital.
12. To cause to be surveyed all land known or presumed to belong to the State of Nevada for the use of the hospital, and to take all steps necessary to establish clear title thereto on behalf of the state.
κ1969 Statutes of Nevada, Page 395 (CHAPTER 235, AB 589)κ
13. To lease, with the consent of the administrator of the mental hygiene division, all or any part of any land known or presumed to belong to the State of Nevada for the use of the hospital for such consideration and upon such terms as the superintendent and the administrator may deem to be in the best interests of the hospital and the State of Nevada. Any moneys received from any such lease shall be remitted by the superintendent to the state treasurer who shall deposit the same in the state treasury to the credit of the general fund.
Sec. 3. NRS 433.140 is hereby amended to read as follows:
433.140 1. One or more physicians shall be employed. They shall hold degrees of doctor of medicine from medical schools accredited by the American Medical Association, and they shall be licensed to practice medicine as provided by law.
2. Except as otherwise provided by law, their only compensation shall be annual salaries which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
3. [The resident physician shall be allowed the use of the laundry facilities at the hospital.
4.] The physicians shall perform such duties pertaining to the care and treatment of patients at the hospital as may be required by the superintendent.
Sec. 4. NRS 433.145 is hereby amended to read as follows:
433.145 1. The number of senior psychiatrists, in grades A and B combined, [employed at the hospital, including any who may be stationed at the Nevada state prison, but] excluding the superintendent, shall not exceed six.
2. The annual salary of a senior psychiatrist in the classified service of the state shall not exceed:
If he is in grade A....................................................................................... $23,000
If he is in grade B....................................................................................... 25,000
3. As used in this section:
(a) Grade B consists of psychiatrists certified or eligible for certification by the American Board of Psychiatry.
(b) Grade A consists of psychiatrists not so certified or eligible.
Sec. 5. NRS 433.195 is hereby amended to read as follows:
433.195 1. The superintendent is authorized to accept gifts or bequests of money or property to the hospital.
2. Monetary gifts or bequests shall be deposited in the state treasury in a fund to be known as the state hospital gift fund, which is hereby created. The fund shall be a continuing fund, and no money in the fund shall be transferred to the general fund at any time. The money in the fund shall be used for hospital purposes only and expended in accordance with the terms of the gift or bequest. The money in the fund shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the superintendent before they are paid.
3. Gifts or bequests of property, other than money, may be sold or exchanged when it is deemed by the superintendent and the administrator of the mental hygiene division to be in the best interest of the hospital. The sale price shall not be less than 90 percent of the value determined by a qualified appraiser appointed by the superintendent. Moneys realized from the sale shall be deposited in the state treasury in the state hospital gift fund and shall be spent for hospital purposes only.
κ1969 Statutes of Nevada, Page 396 (CHAPTER 235, AB 589)κ
from the sale shall be deposited in the state treasury in the state hospital gift fund and shall be spent for hospital purposes only. Such property shall not be sold or exchanged if to do so would violate the terms of the gift or bequest.
Sec. 6. NRS 433.250 is hereby amended to read as follows:
433.250 1. Upon the application of any person under oath setting forth that any person, who is a resident of this state as defined by NRS 433.010 to 433.640, inclusive, is an alcoholic or a drug addict,
the judge of the district court in the judicial district where such person is found shall cause such person to be brought before him at such time and place as he may direct.
2. The district judge may direct the clerk of the court to issue subpenas for the attendance of witnesses at the examination of such person. Such witnesses shall be paid [their actual expenses caused by their attendance aforesaid, the amount of expenses to be determined by the district judge and to] the same fees and mileage as are paid to witnesses in the courts of the State of Nevada, and such fees and mileage shall be paid out of county funds. [as he shall order.]
3. The district judge may assign counsel to defend such person, require an independent examination and enter such other orders as he may consider necessary to permit a proper determination of the allegations and to protect the rights of such person.
Sec. 7. NRS 433.280 is hereby amended to read as follows:
433.280 1. If, after a hearing and examination, the judge believes the person brought before him is an alcoholic or a drug addict, and has been a resident of Nevada for more than 1 year, he shall make an order committing such person to the hospital for an indeterminate period of not more than 1 year; but no such order shall be made in respect to any person who has theretofore been committed to and has received treatment at the hospital unless there has been first filed with the court a written report of the superintendent stating that the person is a suitable case for treatment at the hospital, and if such report is not filed such person shall forthwith be discharged by the court. The judge shall interview such person prior to commitment, unless the interview is waived for cause upon a physicians certificate. A full transcript of the proceedings in the district court shall be filed with the superintendent within 30 days after the commitment.
2. The costs of care and maintenance of any person ordered committed under subsection 1 shall be paid by such patient or the spouse, father, mother or children of such patient if of sufficient means and ability or, where such person is indigent, shall be a charge upon the state.
3. The superintendent may discharge any patient committed under subsection 1 of this section at any time if, in the opinion of the superintendent:
(a) Discharge would be in the best interest of the patient; or
(b) The patient has achieved maximum benefit from hospitalization.
Sec. 8. NRS 433.290 is hereby amended to read as follows:
433.290 At the hearing the court shall inquire into the financial condition of the person committed. If the court finds such person or any kindred in the degree of husband or wife, father or mother, or children, of sufficient means and ability, an order shall be made requiring him or them to pay the expenses of the proceedings in connection with his commitment.
κ1969 Statutes of Nevada, Page 397 (CHAPTER 235, AB 589)κ
sufficient means and ability, an order shall be made requiring him or them to pay the expenses of the proceedings in connection with his commitment. If the court finds that such person or kindred are not of sufficient means and ability, the expenses of the proceedings shall be a charge upon the county in which the proceedings are conducted.
Sec. 9. NRS 433.320 is hereby amended to read as follows:
433.320 1. Whenever a convict, while undergoing imprisonment in the Nevada state prison, shall become mentally ill, and be so adjudged by a court as in other cases of mental illness, the warden shall deliver such convict into the custody of the superintendent of the hospital for detention and psychiatric treatment at the prison or at the hospital until returned by the superintendent to the warden as cured.
2. [The superintendent shall provide] The administrator of the mental hygiene division shall supervise the psychiatric care and treatment provided for the mentally ill prisoners at the Nevada state prison.
Sec. 10. NRS 433.360 is hereby amended to read as follows:
433.360 1. When any commitment is issued under the provisions of this chapter, the person committed, together with the warrants of the judge and certificates of the physicians and a full and complete transcript of the notes of the official reporter, made at the examination of such person before the committing magistrate, must be delivered to the sheriff of the county [, and by him to the agent appointed by the superintendent to] , who shall convey such person to the hospital. [Upon receipt of notice from the sheriff, the superintendent shall at once designate some person among the employees of the hospital as an agent to transport such mentally ill person to the hospital. A relative of the mentally ill person in the first degree shall have the first right at his own expense to act as attendant for the mentally ill person.]
2. No female mentally ill person may be conveyed to the hospital without at least one female attendant or a relative in the first degree being in attendance.
Sec. 11. NRS 433.410 is hereby amended to read as follows:
433.410 1. The daily or monthly rate for the subsistence and care of committed persons shall be determined by the superintendent and shall be payable monthly in advance. [The optimum rate shall approximate the actual average per diem cost per capita for patients confined in the hospital for the previous year ending on June 30.] In determining the rate to be charged the superintendent shall consider the actual cost of a patients care and the ability of a patient to pay.
2. The cost of transportation to the hospital shall be payable with the first monthly payment.
3. The assessment of a rate less than the maximum shall not constitute a waiver to a claim for the difference between the actual rate and the maximum rate when the financial ability of responsible relatives or the estate of the committed person warrants the higher rate.
4. Previously determined payments may be decreased or increased by the superintendent if adverse or favorable changes in the financial status of responsible relatives or the estate of the committed person warrant such action.
5. Rates of pay determined by the superintendent may be appealed to and reviewed by the administrator of the mental hygiene division.
κ1969 Statutes of Nevada, Page 398 (CHAPTER 235, AB 589)κ
and reviewed by the administrator of the mental hygiene division. After review, the administrator may modify the determination of the superintendent.
6. Costs of clothing, personal needs, medical, surgical and related services which have to be purchased outside of the hospital shall be additional charges against responsible relatives or the estate of the committed person.
7. The unused portion of advance payments shall be refundable to the source of payment in the event of the committed persons death, parole or discharge from the hospital.
Sec. 12. NRS 433.440 is hereby amended to read as follows:
433.440 1. There shall be maintained at the hospital a fund to be known as the patients personal deposit fund.
2. Moneys coming into the possession of the superintendent belonging to a committed person shall be deposited in the name of that person in the fund, but when there is a guardian of his estate, the guardian shall have the right to demand and receive the funds.
3. When practicable, individual credits in the fund shall not exceed the sum of $150. When the individual credit exceeds the maximum sum, the excess may be applied by the superintendent for costs of support and care and other approved charges against the committed person.
4. Any money to the credit of an individual may be used for the purchase of personal necessities or may be applied to the expense of burial.
5. Money accepted for the benefit of a committed person for special purposes shall be reserved for such purposes regardless of the total amount to the credit of the committed person.
6. Except as provided in subsection 7, the superintendent shall deposit the fund in a commercial account with a bank of reputable standing. When deposits in the commercial account exceed $15,000, the superintendent may deposit the excess, at interest, in a savings account in any reputable commercial bank or federally insured savings and loan association within the state. The savings account shall be in the name of the fund. Interest paid by the bank on deposits in the savings account shall be usable for recreation purposes at the hospital.
7. The superintendent may maintain at the hospital a petty cash fund of not more than [$100] $400 of the moneys in the patients personal deposit fund to enable patients to withdraw small sums from their accounts.
Sec. 13. NRS 433.510 is hereby amended to read as follows:
433.510 If the person committed is an alcoholic [,] or a drug addict, the reasonable cost of transportation and care shall be a charge upon the future earnings of the person until repaid in full [.] or, in the case of an indigent patient, shall be a charge upon the state.
Sec. 14. NRS 433.550 is hereby amended to read as follows:
433.550 1. [No committed indigent patient shall be discharged except upon 10 days written notice being first given to the county clerk of the county:
(a) In which such patient last resided prior to commitment, if he was a resident of this state; or
κ1969 Statutes of Nevada, Page 399 (CHAPTER 235, AB 589)κ
(b) From which such patient was committed, if he was a nonresident.] When a patient committed under NRS 433.695 is discharged, written notice of such discharge shall be given to the county clerk of the county from which such patient was committed.
2. An indigent resident of this state discharged as having recovered from his mental illness, but having a residual medical or surgical disability which prevents him from obtaining or holding remunerative employment, shall be returned to the county of his last residence. A nonresident indigent with such disabilities shall be returned to the county from which he was committed. The superintendent shall first give notice in writing, not less than 10 days prior to discharge, to the board of county commissioners of the county to which such person will be returned.
3. Delivery of the [discharged person] indigent resident defined in subsection 2 shall be made to an individual or agency [designated by the board of county commissioners or county welfare department of such county.] authorized to provide further care.
4. Nothing contained in this section shall authorize the release of any person held upon an order of a court or judge having criminal jurisdiction arising out of a criminal offense.
5. The superintendent shall not discharge a patient known to have exhibited physical violence toward persons or property immediately prior to commitment and who was committed subject to further order of the court, without first giving notice in writing, not less than 10 days prior to discharge, to the court or judge who ordered such patient committed.
Sec. 15. NRS 433.570 is hereby amended to read as follows:
433.570 1. The superintendent may conditionally release [into the custody of any relative, friend or guardian who will be responsible for his conduct any patient who is not fully recovered but whose parole,] any patient when, in the judgment of the superintendent, such convalescent status is in the best interest of the patient and will not be detrimental to the public welfare. [or injurious to the patient.]
2. When a committed patient is conditionally released pursuant to subsection 1, the state or any of its agents or employees are not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the patient.
Sec. 16. NRS 433.630 is hereby amended to read as follows:
433.630 1. Any person or employee of the hospital is guilty of a misdemeanor who:
(a) Willfully abuses a patient of the hospital; or
(b) Brings intoxicating beverages, dangerous drugs, as that term is defined in NRS 454.220, or narcotics into buildings occupied by patients [;] unless specifically authorized or ordered to do so by the superintendent or a staff physician; or
(c) Is under the influence of liquor, dangerous drugs, as that term is defined in NRS 454.220, or narcotics while employed in contact with patients; or
(d) Enters into any transaction with a committed patient involving the transfer of money or property for personal use or gain at the expense of such committed patient; or
(e) Contrives the escape, elopement, or absence of a patient.
κ1969 Statutes of Nevada, Page 400 (CHAPTER 235, AB 589)κ
2. Any person who is convicted of a misdemeanor under this section shall, for a period of 5 years, be ineligible for appointment to or employment in a position in the state service, and, if he is an officer or employee of the state, he shall forfeit his office or position.
Sec. 17. NRS 433.689 is hereby amended to read as follows:
433.689 The court in its discretion may require any petitioner under NRS 433.685, except any duly accredited officer or agent of the department of health, welfare and rehabilitation or any officer authorized to make arrests in the State of Nevada, to file an undertaking with surety to be approved by the court in such amount as the court may deem proper, conditioned to save harmless the person alleged to be mentally ill by reason of costs incurred, including attorneys fees, if any, and damages suffered by such person, as a result of any such action.
Sec. 18. NRS 433.160 is hereby repealed.
________
Assembly Bill No. 610Mrs. Brookman
CHAPTER 236
AN ACT relating to employment; permitting employment of alien nurses in certain hospitals; and providing other matters properly relating thereto.
[Approved April 8, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.060 is hereby amended to read as follows:
281.060 1. Only citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States shall be employed by any officer of the State of Nevada, any political subdivision of the state, or by any person acting under or for such officer in any office or department of the State of Nevada, or political subdivision of the state.
2. In all cases where persons are so employed, preference shall be given, the qualifications of the applicants being equal:
(a) First: To honorably discharged soldiers, sailors and marines of the United States who are citizens of the State of Nevada.
(b) Second: To other citizens of the State of Nevada.
3. Nothing in this section shall be construed to prevent:
(a) The working of prisoners by the State of Nevada, or by any political subdivision of the state, on street or road work or other public work.
(b) The working of aliens, who have not forfeited their right to citizenship by claiming exemption from military service, as common laborers in the construction of public roads, when it can be shown that citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States are not available for such employment; but any alien so employed shall be replaced by a citizen, ward or ex-service person of the United States applying for employment.