[Rev. 2/28/2019 11:21:46 AM]
κ1969 Statutes of Nevada, Page 993 (CHAPTER 547, AB 384)κ
(c) The probation committee shall prepare an annual report of its activities, investigations, findings and recommendations in connection therewith. The reports shall be submitted to the court and filed as public documents with the clerk of the court.
(d) The judge or judges shall, in cooperation with the probation committee, set up policies and procedures, establish standards for the proper performance of duties and responsibilities of probation officers and all employees of any detention home or other commitment facilities administered or financed by the county, except as hereinafter provided.
(e) The probation committee shall provide for the giving of competitive examinations for the selection of persons suitable for appointment as probation officers and employees of any detention home or other commitment facilities administered or financed by the county. The examinations shall have reference to the necessary ability, education and special aptitudes for the work to which they are to be assigned.
(f) The probation committee shall approve or disapprove the appointment of such employees as it deems necessary for the operation and management of the detention home or other commitment facilities administered or financed by the county. Any employees are subject to discharge by the judge or judges.
(g) The probation committee may, upon the majority vote of its members, recommend the removal or discharge of any probation officer.
Sec. 2. NRS 62.110 is hereby amended to read as follows:
62.110 1. The judge or judges of each judicial district which does not include a county having a population of 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, shall appoint one or more probation officers and such other employees as may be required to carry on the work of the probation department and detention home. If more than one probation officer is appointed, one of them shall be designated as chief probation officer. All probation officers and detention personnel shall be appointed from lists of eligible persons established through competitive examinations conducted by the probation committee. Probation officers and employees may be removed, discharged or reduced in position only after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the judge in answer thereto.
2. Whenever the judge serves two or more counties, probation officers may be appointed to serve the counties jointly, and the salaries and expenses of the probation officers shall be allocated between the counties by the judge thereof.
3. The salaries of the probation officers, detention home personnel and other employees shall be fixed by the judge with the advice of the probation committee and consent of the board or boards of county commissioners.
Sec. 3. NRS 62.120 is hereby amended to read as follows:
62.120 1. [The] In counties having a population of 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, the probation officer under the general supervision of the judge or judges and with the advice of the probation committee shall organize, direct and develop the administrative work of the probation department and detention home, including the social, financial and clerical work, and he shall perform such other duties as the judge may direct.
κ1969 Statutes of Nevada, Page 994 (CHAPTER 547, AB 384)κ
including the social, financial and clerical work, and he shall perform such other duties as the judge may direct. All information obtained in discharge of official duty by an officer or other employee of the court shall be privileged and shall not be disclosed to anyone other than the judge and others entitled under this chapter to receive such information, unless and until otherwise ordered by the judge.
2. Probation officers and assistant probation officers shall have the same powers as peace officers.
Sec. 4. NRS 62.123 is hereby amended to read as follows:
62.123 1. The judge or judges of each judicial district which includes a county having a population of 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, [may appoint a director of court services] shall appoint a director of juvenile services directly responsible to the court to coordinate the services of and serve as liaison between the court and all agencies in the judicial district dealing with juveniles, including, but not limited to, the welfare division of the department of health, welfare and rehabilitation, the public schools of the judicial district, all law enforcement agencies of the judicial district, the probation committee, and detention home or facilities of the judicial district. The director of juvenile services shall serve as administrative officer of the juvenile court and shall relieve the judge or judges of all administrative duties in connection therewith.
2. [The director of court services shall be appointed from a list of eligible persons established through competitive examinations conducted by the probation committee.] The director of juvenile services shall be appointed with the consent of the board or boards of county commissioners of the county or counties served by the judicial district from a list of candidates provided to the board or boards by the probation committee.
3. The director of [court] juvenile services shall serve at the pleasure of the court and be subject to removal or discharge only after having been given reasons therefor, in writing, and after having been afforded an opportunity to be heard before the judge to answer thereto.
4. The director of [court] juvenile services shall have such staff of employees to assist in the performance of his duties as the probation committee finds necessary.
5. The salaries of the director of [court] juvenile services and his staff of employees shall be fixed by the [judge or judges with the advice of the probation committee and the consent of the] board or boards of county commissioners of the county or counties served by the juvenile district.
Sec. 5. NRS 62.125 is hereby amended to read as follows:
62.125 The director of [court] juvenile services shall have the full power and authority of a peace officer in his judicial district.
Sec. 6. Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 9, inclusive, of this act.
Sec. 7. 1. The judge or judges of the court in each district which includes a county having a population of 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 shall, by an order entered in the minutes of the court, appoint five representative citizens of good moral character to be known as the probation committee, and the judge or judges shall fill all vacancies occurring in such committee within 30 days after the occurrence of the vacancy.
κ1969 Statutes of Nevada, Page 995 (CHAPTER 547, AB 384)κ
United States Department of Commerce shall, by an order entered in the minutes of the court, appoint five representative citizens of good moral character to be known as the probation committee, and the judge or judges shall fill all vacancies occurring in such committee within 30 days after the occurrence of the vacancy. The clerk of the court shall immediately notify each person appointed to the committee. The person appointed shall appear before the appointing judge or judges within 10 days after notification, which shall specify the time in which to appear, and shall qualify by taking an oath, which shall be entered in the records, faithfully to perform the duties of a member of the committee. The members of the committee shall hold office for 3 years, providing that of those first appointed, 1 shall be appointed for a term of 1 year, 2 for terms of 2 years, and 2 for terms of 3 years. Thereafter, all appointments shall be for a term of 3 years. Appointment to vacancies occurring other than by expiration of the term of office shall be filled for the remainder of that term. Members of the probation committee shall serve without compensation and shall choose from among their members a chairman and secretary. Any member of the probation committee may be removed for cause at any time by the judge or judges.
2. The duties of the probation committee shall be the following:
(a) The probation committee shall advise with the director of juvenile services and probation officer on matters having to do with the control and management of any facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children now or hereafter established by boards of county commissioners.
(b) Upon the request of the director of juvenile services, the probation committee shall investigate and report in writing concerning the facilities, resources and management of all individuals, societies, associations, organizations, agencies and corporations (except state institutions or agencies) applying for or receiving children under this chapter. The committee shall also have the power to initiate an investigation thereof if it deems such investigation proper or necessary, and must thereafter report its findings, conclusions and recommendations to the director of juvenile services.
(c) The probation committee shall prepare an annual report of its activities, investigations, findings and recommendations in connection therewith. The reports shall be submitted to the court and filed as public documents with the clerk of the court.
(d) The director shall, in cooperation with the probation committee, set up policies and procedures, establish standards for the proper performance of duties and responsibilities of probation officers and all employees of any detention home or other commitment facilities administered or financed by the county, except as hereinafter provided.
(e) The probation committee shall provide for the giving of competitive examinations for the selection of persons suitable for appointment as probation officers and employees of any detention home or other commitment facilities administered or financed by the county. The examinations shall have reference to the necessary ability, education and special aptitudes for the work to which they are to be assigned.
κ1969 Statutes of Nevada, Page 996 (CHAPTER 547, AB 384)κ
(f) The probation committee shall approve or disapprove the appointment of such employees as it deems necessary for the operation and management of the detention home or other commitment facilities administered or financed by the county. Any employees are subject to discharge by the director of juvenile services.
(g) The probation committee may, upon the majority vote of its members, remove or discharge any probation officer.
Sec. 8. 1. The director of juvenile services shall appoint one or more probation officers and such other employees as may be required to carry on the work of the probation department and detention home. If more than one probation officer is appointed, one of them shall be designated as chief probation officer. All probation officers and detention personnel shall be appointed from lists of eligible persons established through competitive examinations conducted by the probation committee. Probation officers and employees may be removed, discharged or reduced in position only for cause after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the director of juvenile services in answer thereto.
2. Whenever the director of juvenile services serves two or more counties, probation officers may be appointed to serve the counties jointly, and the salaries and expenses of the probation officers shall be allocated between the counties by the director of juvenile services.
3. The salaries of the probation officers, detention home personnel and other employees shall be fixed by the director of juvenile services with the advice of the probation committee and consent of the board or boards of county commissioners.
Sec. 9. 1. The probation officer under the general supervision of the director of juvenile services and with the advice of the probation committee shall organize, direct and develop the administrative work of the probation department and detention home, including the social, financial and clerical work, and he shall perform such other duties as the director of juvenile services may direct. All information obtained in discharge of official duty by an officer or other employee of the court shall be privileged and shall not be disclosed to anyone other than the director of juvenile services and others entitled under this chapter to receive such information, unless and until otherwise permitted by the director of juvenile services.
2. Probation officers and assistant probation officers shall have the same powers as peace officers.
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κ1969 Statutes of Nevada, Page 997κ
Senate Bill No. 307Senator Pozzi
CHAPTER 548
AN ACT relating to property taxes; allowing counties to tax certain real estate of the State of Nevada under certain conditions; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.055 is hereby amended to read as follows:
361.055 1. All lands and other property owned by the state are exempt from taxation, except real property acquired by the state board of fish and game commissioners pursuant to NRS 501.225 which is or was subject to taxation under the provisions of this chapter at the time of acquisition [.] and except as provided in subsection 4.
2. In lieu of payment of taxes on each parcel of real property acquired by it which is subject to assessment and taxation pursuant to subsection 1, the state board of fish and game commissioners shall make annual payment to the county tax receiver of the county wherein each such parcel of real property is located of an amount equal to the total taxes levied and assessed against each such parcel of real property in the year in which title to the same was acquired by the state board of fish and game commissioners.
3. Such payments in lieu of taxes shall be collected and accounted for in the same manner as taxes levied and assessed against real property pursuant to this chapter are collected and accounted for.
4. All real estate owned by the State of Nevada located in each county shall be listed in a separate tax list and assessment roll book of that county at its full cash value. If the total value of such real estate owned by the state in a county is greater than 17 percent of the total value of all other real estate listed in the countys tax list and assessment roll books, that portion of the value of the real estate owned by the state which is in excess of such 17 percent may be taxed by the county as other property is taxed.
5. Moneys received pursuant to this section shall be apportioned each year to the counties, school districts and cities wherein each such parcel of real property is located in the proportion that the tax rate of each such political subdivision bears to the total combined tax rate in effect for such year.
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κ1969 Statutes of Nevada, Page 998κ
Assembly Bill No. 722Committee on Commerce
CHAPTER 549
AN ACT relating to public utilities; changing the provisions relating to the hearing of complaints against public utilities; providing penalties; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 704.039 is hereby amended to read as follows:
704.039 Moneys in the public service commission regulatory fund shall be used only to defray the costs of:
1. Maintaining a competent staff and equipment to regulate adequately all public utilities subject to the provisions of NRS 704.033 to 704.039, inclusive.
2. Participating in all rate cases involving such utilities.
3. Investigations, inspections, audits, [and] reports and publication of notices in connection with such regulation and participation.
4. All salaries, travel expenses and subsistence allowances of commission members and staff.
Sec. 2. NRS 704.110 is hereby amended to read as follows:
704.110 1. Whenever there shall be filed with the commission any schedule stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule resulting in a discontinuance, modification or restriction of service, the commission shall have, and it is hereby given, authority, either upon complaint or upon its own [initiative] motion without complaint, at once, and if it so orders, without answer or formal pleading by the interested utility or utilities, [but] to enter upon an investigation or, upon reasonable notice, to enter upon a hearing concerning the propriety of such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.
2. Pending such investigation or hearing and the decision thereon, the commission, upon delivery to the utility or utilities affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for a longer period than [60] 150 days beyond the time when such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.
3. After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effective.
κ1969 Statutes of Nevada, Page 999 (CHAPTER 549, AB 722)κ
[4. If any such hearing cannot be concluded within the period of suspension as above stated, the commission in its discretion may extend the time of suspension for a further period of not to exceed 60 days.]
Sec. 3. NRS 704.285 is hereby amended to read as follows:
704.285 1. Whenever an order is issued pursuant to NRS 200.660 identifying a public utility subject to the provisions of this section, the attorney general or district attorney shall transmit a copy of such order to the commission.
2. The commission, upon its own information or knowledge or upon a complaint by any person, firm, partnership or corporation that any public utility is acting in violation of the provisions of NRS 200.610 to 200.690, inclusive, or is knowingly allowing another person to violate such provisions, shall proceed without notice to make an investigation of such information or complaint.
3. If, after such investigation, the commission determines that there is probable cause to believe that the utility is acting in violation of the provisions of NRS 200.610 to 200.690, inclusive, or allowing another to act in violation of such provisions, the commission shall forthwith issue a cease and desist order to such utility. The order shall become permanent unless the utility, within 20 days after receipt thereof, files a written request for a hearing with the commission.
4. When a written request for a hearing is filed pursuant to subsection 3, the commission shall conduct the hearing pursuant to the provisions of NRS 704.450 to [704.530,] 704.520, inclusive.
5. If, as the result of such a hearing, it is determined that the utility is acting in violation of the provisions of NRS 200.610 to 200.690, inclusive, or allowing another to act in violation of such provisions, the commission shall issue a permanent cease and desist order and notify the district attorney of the county where the violation occurred of such determination.
6. This section is applicable whether or not the utility involved is required to have a certificate of public convenience and necessity from the commission.
Sec. 4. NRS 704.640 is hereby amended to read as follows:
704.640 [Any violation of the provisions of this chapter, where no penalty or punishment is prescribed therefor, shall be punished by a fine of not more than $1,000.] Any person who:
1. Operates any public utility to which NRS 704.010 to 704.810, inclusive, applies without first obtaining a certificate of public convenience and necessity or in violation of the terms thereof;
2. Fails to make any return or report required by NRS 704.010 to 704.810, inclusive, or by the commission under the terms of NRS 704.010 to 704.810, inclusive;
3. Violates, or procures, aids or abets the violating of any provision of NRS 704.010 to 704.810, inclusive;
4. Fails to obey any order, decision or regulation of the commission;
5. Procures or aids or abets any person in his failure to obey such order, decision or regulation; or
6. Advertises, solicits, proffers bids or otherwise holds himself out to perform as a public utility in violation of any of the provisions of NRS 704.010 to 704.810, inclusive,
κ1969 Statutes of Nevada, Page 1000 (CHAPTER 549, AB 722)κ
to perform as a public utility in violation of any of the provisions of NRS 704.010 to 704.810, inclusive,
shall be fined not less than $50 nor more than $500.
Sec. 5. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 8, inclusive, of this act.
Sec. 6. The commission may adopt by reference all or part of any appropriate:
1. Rule or regulation issued by an agency of the Federal Government or of any state.
2. Regulation proposed by the National Association of Regulatory Utility Commissioners or code issued by a national or state professional society.
A copy of each such rule, regulation or code so adopted shall be included with the regulations filed with the secretary of state.
Sec. 7. 1. Any person who violates any provision of any regulation adopted by the commission in conformity with the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. §§ 1671-1684) or with a federal regulation adopted pursuant thereto shall be subject to a civil penalty not to exceed $1,000 for each violation for each day that the violation persists, but the maximum civil penalty shall not exceed $200,000 for any related series of violations. Unless compromised, the amount of any such civil penalty shall be determined by a court of competent jurisdiction.
2. Any civil penalty may be compromised by the commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered.
3. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the state to the person charged or may be recovered in a civil action in any court of competent jurisdiction.
Sec. 8. The remedies of the state provided for in this chapter are cumulative, and no action taken by the commission constitutes an election on the part of the state or any of its officers to pursue any remedy under this chapter to the exclusion of any other remedy for which provision is made in this chapter.
Sec. 9. NRS 704.530 is hereby repealed.
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κ1969 Statutes of Nevada, Page 1001κ
Assembly Bill No. 723Committee on Commerce
CHAPTER 550
AN ACT relating to public utilities; limiting the definition of a public utility; raising the tax rate on intrastate revenues of public utilities; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 704.030 is hereby amended to read as follows:
704.030 Public utility, as used in this chapter, shall not include:
1. Corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers (appointed by any court whatsoever) insofar as they own, control, operate or manage motor vehicles operated as hearses, ambulances or hotel buses engaged in the transportation of persons for hire exclusively within the limits of a city of the State of Nevada.
2. Corporations, companies, individuals or associations of individuals engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission thereof other than as a common carrier transmission or distribution line of system.
3. Corporations, cooperatives, nonprofit corporations or associations, companies, individuals, associations of individuals, their lessees, trustees or receivers appointed by any court whatsoever, engaged in the business of furnishing, for compensation, water or sewer service to persons within this state if:
(a) They serve 25 persons or less; or
(b) Their gross sales amounted to $15,000 or less during the immediately preceding calendar year.
Sec. 2. NRS 704.033 is hereby amended to read as follows:
704.033 1. Except as provided in NRS 704.037, the commission shall levy and collect an annual assessment from all public utilities subject to the jurisdiction of the commission, except motor vehicle carriers subject to the provisions of chapter 706 of NRS.
2. The annual assessment shall be not more than [2] 3 mills on each dollar of gross operating revenue derived from the intrastate operations of such utilities in the State of Nevada during the preceding calendar year, except that the minimum assessment in any 1 year shall be $10. In the case of:
(a) Telephone utilities, such revenue shall be deemed to be local service revenues plus intrastate toll revenues.
(b) Railroads and airlines, such revenue shall be deemed to be revenue received only from freight and passenger intrastate movements.
(c) All public utilities, such revenue shall not include the proceeds of any commodity, energy or service furnished to another public utility for resale.
3. All moneys collected by the commission pursuant to the provisions of NRS 704.033 to 704.039, inclusive, shall be deposited in the state treasury to the credit of the public service commission regulatory fund which is hereby created.
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κ1969 Statutes of Nevada, Page 1002κ
Assembly Bill No. 333Committee on Public Resources
CHAPTER 551
AN ACT relating to mines and mining; creating a mining safety advisory board and describing the boards powers and duties; changing the qualifications of the inspector of mines; reducing the number of required meetings of the advisory mining board; amending provisions relating to recordation of affidavits of performance of work; repealing certain provisions relating to the amount of work necessary to hold mining claims and coowners responsibilities; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 512 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The mining safety advisory board, consisting of seven members, is hereby created.
2. The members shall be appointed by the governor to serve for terms of 4 years or until their respective successors are appointed. Three members shall represent the mining industry; three members shall be nonsupervisory production or maintenance employees in the mining industry; and one member, who shall be the chairman, shall represent the public and be a responsible officer of the bureau of mines of the State of Nevada.
3. The first board appointed shall consist of seven members, appointed three for 2 years and four for 4 years, and thereafter all members shall be appointed for the full 4-year term, except that any vacancy caused by the death or resignation of any member shall be filled for the balance of the unexpired term. No more than two members, one member representing the mining industry and one nonsupervisory production or maintenance employee member, shall be appointed at one time from any one category of the mining industry based on products mined.
4. The inspector of mines shall be an ex officio member of the board.
5. Members shall receive no compensation for their services but shall be entitled to receive their traveling expenses and subsistence allowances in the transaction of public business in the amounts authorized by law for other state officers. Claims for such traveling expenses and subsistence allowances shall be approved by the inspector of mines and paid from appropriations made to the office of the inspector of mines.
6. The duties of the board are to formulate and propose to the inspector of mines rules and regulations, and modifications, amendments or repeal thereof, for the prevention of accidents in the mining industry.
7. The adoption of such rules and regulations, or their modification, amendment or repeal, shall be in accordance with chapter 233B of NRS (Nevada Administrative Procedure Act), the provisions of which are specifically made applicable to such procedures.
Sec. 2. NRS 512.020 is hereby amended to read as follows:
512.020 1. The inspector of mines shall not at the time of his election, or at any time during the term of his office, be an officer, director or employee in or of any mining corporation in this state, or in or of any milling corporation in the state engaged in the business of smelting or reducing ores.
κ1969 Statutes of Nevada, Page 1003 (CHAPTER 551, AB 333)κ
2. The inspector of mines shall have had at least 7 years [actual experience in underground workings, and he shall make his affidavit before a proper officer to that effect before he shall be qualified to act as inspector of mines.] experience in mines, mills, beneficiation plants or smelters, at least 3 years of which shall be in underground mining.
Sec. 3. NRS 513.080 is hereby amended to read as follows:
513.080 The advisory mining board shall meet at the time and place designated by the chairman, but shall meet at least once in each [2 months.] 6 months of each calendar year.
Sec. 4. NRS 517.230 is hereby amended to read as follows:
517.230 1. Within 60 days after the [performance of labor or making of improvements required by law to be performed or made upon any mining claim annually,] last day of an annual assessment year, as determined by federal law, the person in whose behalf such labor was performed or improvements made, as required by federal law, or someone in his behalf, shall make and have recorded by the [mining district recorder or the] county recorder, in books kept for that purpose in the [mining district or] county in which such mining claim is situated, an affidavit or a statement in writing subscribed by such person and two competent witnesses setting forth:
(a) The amount of money expended, or value of labor or improvements made, or both.
(b) The character of expenditures or labor or improvements.
(c) A description of the claim or part of the claim affected by such expenditures or labor or improvements.
(d) The year for which such expenditures or labor or improvements were made and the dates on which they were made.
(e) The name of the owner or claimant of the claim at whose expense the same was made or performed.
(f) The names of the persons, corporations, contractors or subcontractors who performed the work or made the improvements.
2. The affidavit or statement, or a copy thereof, duly certified by the county recorder shall be prima facie evidence of the performance of such labor or the making of such improvements, or both.
3. If the locator, having failed to do his annual assessment work within the federal assessment year, enters into and upon the ground prior to the location thereof by any person, and does and performs the annual assessment work, as required by federal statute, the affidavit or statement described in subsection 1 shall be recorded in the office of the county recorder of the county within which the claims are located within a period of 60 days after the completion of such work or improvement.
Sec. 5. NRS 517.220, 517.240, 517.250, 517.260 and 517.270 are hereby repealed.
Sec. 6. This act shall become effective upon passage and approval.
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κ1969 Statutes of Nevada, Page 1004κ
Assembly Bill No. 582Messrs. Close and Glaser
CHAPTER 552
AN ACT relating to legislative bills; requiring a fiscal note to be attached to certain bills having an effect on fiscal matters; establishing a procedure for obtaining such notes; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.245 is hereby amended to read as follows:
218.245 1. The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the executive branch of the state government, with the exception of the governor, for introduction at any regular session of the legislature unless:
(a) The request is received prior to November 1 preceding the convening of the session; or
(b) The request is made by a member of the legislature or the governor.
2. The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the legislature except upon the written request of a member of the legislature or the governor.
[3. Every proposal of legislation requested by any agency or officer of the executive branch of the state government shall be accompanied by an estimate of the cost that will be incurred by carrying out the provisions of such legislation.]
Sec. 2. NRS 218.290 is hereby amended to read as follows:
218.290 1. The superintendent of state printing shall print as many copies of every bill, [and] resolution or fiscal note for any bill introduced in either house of the legislature as shall be authorized by the secretary of the senate and the chief clerk of the assembly.
2. In printing bills and resolutions the superintendent of state printing is authorized:
(a) To set the style and form of the printing.
(b) To correct all errors in spelling or punctuation in the copy furnished him.
(c) To supply the enacting clause if omitted.
3. No change shall be made by the superintendent of state printing which shall in any way vary the apparent meaning of a bill or resolution.
Sec. 3. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 17, inclusive, of this act.
Sec. 4. 1. Before any bill which makes an appropriation or changes any existing appropriation, fiscal liability or revenue which appears to be in excess of $2,000 is considered at a public hearing of any committee of the assembly or the senate, or before any vote is taken thereon by such committee, the legislative counsel shall obtain a fiscal note containing a reliable estimate of the anticipated change in appropriation authority, fiscal liability or state revenue under the bill, including, to the extent possible, a projection of such changes in future biennia.
κ1969 Statutes of Nevada, Page 1005 (CHAPTER 552, AB 582)κ
2. Except as otherwise provided in sections 4 to 16, inclusive, of this act, or in the joint rules of the senate and assembly, such estimates shall be made by the agency receiving the appropriation or collecting the revenue.
Sec. 5. 1. Except as provided in subsection 2, fiscal notes are required on original bills only and not on amendments.
2. Whenever an amendment adopted by one house so affects a bill that the original fiscal note ceases to be valid, the legislative counsel shall obtain a new fiscal note showing the fiscal effect of the bill as amended.
Sec. 6. Bills containing provisions for both appropriations and revenues or appropriations for more than one state agency shall carry notes from each such agency, unless in the case of a bill which would require notes prepared by several agencies, the legislative counsel determines that a single agency shall prepare a general note, or prepares a single consolidated fiscal note into which the information submitted by the several agencies is incorporated.
Sec. 7. 1. The name of the agency preparing the note shall appear at the end thereof with the signature of the official of the agency who is primarily responsible for preparing the note.
2. The department of administration shall review the fiscal notes prepared by the agencies before such notes are returned to the legislature and indicate its approval thereof. If the department of administration disagrees with a fiscal note prepared by the agency, it may submit a supplementary fiscal note for such bill.
3. Upon request of a legislator, the fiscal analyst shall review any fiscal note and submit his findings to the requester. The legislator may have the fiscal analysts findings made a part of the fiscal note.
Sec. 8. The fiscal note shall be factual and concise in nature, and shall provide a reliable estimate of the dollar amount of effect the bill will have. If the agency concludes that no dollar amount can be estimated, the note shall so state with reasons for such a conclusion.
Sec. 9. Whenever a bill is submitted to an agency for a fiscal note, the agency shall prepare the note and return it to the legislative counsel within 5 working days. The legislative counsel may extend such period for not more than 10 additional days if the matter requires extended research.
Sec. 10. 1. Agencies shall utilize the bills submitted to them for official purposes only. No person may copy or otherwise disseminate information concerning any such bill submitted to it which has not been introduced in the legislature without the consent of the requester.
2. Any person who knowingly disseminates such information in violation of this section is guilty of a misdemeanor.
Sec. 11. The summary of each bill introduced in the legislature shall include either the statement Fiscal Note: Yes, Fiscal Note: No, or Fiscal Note: Effect less than $2,000, whichever is appropriate. The legislative counsel shall initially determine whether a bill being drafted requires a fiscal note.
Sec. 12. 1. If a required fiscal note does not accompany the request of an agency for the drafting of a bill, the legislative counsel may proceed to draft the bill, but shall in any case inform the agency that a fiscal note is required.
κ1969 Statutes of Nevada, Page 1006 (CHAPTER 552, AB 582)κ
2. The agency shall prepare the note in quadruplicate and return it within the required time to the legislative counsel.
Sec. 13. 1. If the fiscal note is obtained before the bill is introduced the legislative counsel shall submit a copy of the note to the legislator who requests the bill for introduction. If the legislator desires to introduce the bill, the legislative counsel shall attach the original, signed copy of the note to the bill and shall prepare the bill for introduction. A duplicate copy of the note shall be attached to the printers copy of the bill.
2. If the fiscal note is obtained after the bill has been introduced, the legislative counsel shall forward the original, signed copy of the note to the chief clerk of the assembly or the secretary of the senate and shall forward the duplicate copy to the superintendent of state printing for the purposes of printing.
3. The triplicate copy of the fiscal note shall be retained by the legislative counsel.
Sec. 14. All fiscal notes of bills that have been introduced shall be printed together, separate from the bills, in the order of introduction in the assembly and the senate.
Sec. 15. Any legislator, upon approval of a majority of his house, may at any time while a bill is before the house raise the issue that such bill requires a fiscal note, and the legislative counsel shall obtain the note before further action is taken.
Sec. 16. (Deleted by amendment.)
Sec. 17. The requirement of sections 4 to 16, inclusive, that a fiscal note be obtained before a bill is considered in committee apply only to bills whose preparation is requested of the legislative counsel by an agency or officer of the executive branch of the state government, but any legislator may request the preparation of a fiscal note for a bill whose fiscal effect is $2,000 or more which he has introduced or is about to introduce, and the provisions of sections 4 to 16, inclusive, of this act concerning the form, preparation and printing of fiscal notes apply also to such requests.
________
Assembly Bill No. 738Committee on Health and Welfare
CHAPTER 553
AN ACT relating to state welfare administration; creating an advisory committee to the welfare division of the department of health, welfare and rehabilitation; and providing other matters properly relating thereto.
[Approved April 22, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. There is hereby created within the welfare division an advisory committee whose functions shall be:
κ1969 Statutes of Nevada, Page 1007 (CHAPTER 553, AB 738)κ
1. To make recommendations to the welfare division concerning general policies for providing day care for children; and
2. Upon request by the welfare division, to make recommendations concerning general policies for child welfare services and aid to dependent children.
Sec. 3. 1. The committee shall be composed of 6 members appointed by the administrator on the basis of their recognized interest in and knowledge of the field of public welfare.
2. The appointments shall be made as follows:
(a) Two members shall be recipients of assistance or services or representatives of such recipients;
(b) One member shall be a representative from among state agencies, other than the welfare division, which are directly or indirectly concerned with welfare programs;
(c) Two members shall be representatives of professional, civic or other public or private service organizations; and
(d) One member shall be a private citizen interested and experienced in service programs.
Sec. 4. 1. Each member of the advisory committee shall serve for a term of 3 years, except that of those members first appointed, two shall be appointed for terms of 1 year, two shall be appointed for terms of 2 years and two shall be appointed for the full term of 3 years.
2. Vacancies caused by death, resignation or dismissal shall be filled by appointment for the balance of the unexpired term.
Sec. 5. Dismissal shall be for cause, and failure to attend committee meetings may constitute cause.
Sec. 6. Members of the advisory committee shall serve without compensation, but are entitled to subsistence allowances and travel expenses pursuant to the provisions of NRS 281.160 while engaged in the performance of official duties.
Sec. 7. 1. At the first meeting subsequent to the appointment of any new member, the committee shall elect a chairman and any necessary officers.
2. The administrator or his representative shall act as secretary and shall maintain a public record of the minutes of the meetings of the advisory committee, which record shall be filed with the welfare division.
Sec. 8. 1. The committee shall meet at such times and at such places as the committee, the chairman of the committee, the administrator or the director deems necessary.
2. The committee shall adopt bylaws.
3. The chairman of the committee may appoint subcommittees for decisions and recommendations concerning specific problems within the scope of the functions of the advisory committee.
________
κ1969 Statutes of Nevada, Page 1008κ
Senate Bill No. 300Senator Monroe
CHAPTER 554
AN ACT relating to retarded persons; providing for community training centers for such persons; making an appropriation; providing a penalty; and providing other matters properly relating thereto.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 435 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 22, inclusive, of this act.
Sec. 2. The intent of the legislature in the enactment of sections 2 to 22, inclusive, of this act is to aid mentally or functionally retarded persons who are not served by existing programs to receive high quality care and training in an effort to help them enter into society able to take care of themselves and to become useful citizens, through a program of subsidizing staffing for qualifying training centers which provide such help to such persons.
Sec. 3. As used in sections 2 to 22, inclusive, of this act, unless the context otherwise requires, 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.
Sec. 4. Advisory board means the mental hygiene and mental retardation advisory board.
Sec. 5. Bureau means the bureau of mental retardation in the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation.
Sec. 6. Center means a community-based training center for the care and training of mentally and functionally retarded persons.
Sec. 7. Enrollee means any person enrolled in a center for care and training because of mental or functional retardation.
Sec. 8. Functionally retarded refers to a person who functions on a level equivalent to that of a mentally retarded person.
Sec. 9. Mentally retarded refers to a person who has subaverage general intellectual functioning which originates during the development period and is associated with impairment in adaptive behavior.
Sec. 10. There is in the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation a bureau of mental retardation, which shall be the executive and administrative agency for the purposes of carrying out the provisions of sections 2 to 22, inclusive, of this act.
Sec. 11. The bureau may establish all rules, regulations and standards not inconsistent with the provisions of sections 2 to 22, inclusive, of this act which it deems necessary in order to carry out the purposes of such sections and to set qualification standards for centers to receive the aid provided for by such sections.
Sec. 12. In order to qualify for the aid provided for by sections 2 to 22, inclusive, of this act, a center must:
1. File an application with the bureau for a certificate of qualification, which shall include:
κ1969 Statutes of Nevada, Page 1009 (CHAPTER 554, SB 300)κ
(a) The name and address of the center.
(b) The names, addresses and qualifications of the administrative personnel of the center.
(c) An outline of the educational and care program to be offered.
(d) The number of enrollees or expected enrollees.
(e) An affidavit that the center is nonsectarian and a nonprofit organization under the Internal Revenue Code of 1954 as amended (26 U.S.C. 501(c)(3)).
(f) The number and qualifications of staff personnel.
(g) A complete and detailed proposed financial statement for the operations for the coming year.
(h) Any other information which the bureau may, in its discretion, require.
2. On or before July 1 of each year after the original application is made under subsection 1, file an application for renewal of certificate of qualification, which shall contain:
(a) The information required by subsection 1.
(b) The total number of staff members, enrollees and days of care and training that the center provided during the previous year.
(c) The number of enrollees and days of care and training that the center provided during the previous year to such enrollees who qualify for aid under the terms of sections 2 to 22, inclusive, of this act and the standards established by the bureau.
(d) A financial statement clearly showing all income received by the center during the previous year and the sources thereof.
(e) Any other information that the bureau may, in its discretion, require.
3. Have a minimum staff of one person for each group of five retarded persons or major fraction thereof.
4. Be inspected by a member or authorized agent of the bureau to determine if the centers facilities are proper and adequate.
5. Keep accurate daily attendance records and establish uniform financial statements and bookkeeping procedures as prescribed by the bureau.
6. Maintain standards not inconsistent with those required by sections 2 to 22, inclusive, of this act or established by the bureau to qualify for funds from other sources, such as United Fund and United States Government programs.
7. Meet all other standards set by the bureau.
Sec. 13. 1. All applications for a certificate of qualification shall be reviewed by the bureau and submitted, along with the bureaus recommendation, to the administrator of the mental hygiene and mental retardation division for approval or rejection.
2. If an application is rejected by the administrator, he shall notify the applicant in writing of such rejection, setting out the reasons therefor.
3. Within 30 days after the administrator mails the notice of rejection of the application, the applicant may appeal such rejection to the advisory board. The advisory board shall review the application and the reasons for its denial and may receive evidence, documentary or testimony, to aid it in its decision. Thereafter, the advisory board shall issue its decision rejecting the application or remanding the application to the administrator for approval. The decision of the advisory board is final.
κ1969 Statutes of Nevada, Page 1010 (CHAPTER 554, SB 300)κ
Sec. 14. 1. After approval of the application, the bureau shall issue a certificate of qualification to centers which meet the requirements of sections 2 to 22, inclusive, of this act and the standards set by the bureau.
2. The bureau may revoke the certificate of qualification of a center at any time when it fails to meet the requirements of sections 2 to 22, inclusive, of this act or the standards set by the bureau.
3. Any such revocation may be appealed in the same manner as appeals are taken from a rejection of an application under section 13 of this act. The decision of the advisory board is final as to such appeals.
Sec. 15. 1. There is hereby created in the state treasury a community training center fund for the purpose of aiding centers which have received certificates of qualification from the bureau.
2. Moneys for the fund shall be provided by legislative appropriation.
3. The bureau is authorized to make grants from such fund in aid to qualifying centers.
Sec. 16. 1. The bureau may accept gifts, bequests, grants or any other outside source of income for the purpose of carrying out the provisions of sections 2 to 22, inclusive, of this act.
2. All such funds received shall be spent in accordance with the provisions of the gift, bequest or grant. In the absence of such provisions, the bureau may spend the fund at its discretion.
3. All such funds shall be deposited in the state treasury in a separate fund established for such purpose.
Sec. 17. 1. Each qualifying center may accept gifts, bequests, grants or any other outside source of income directly for the purpose of carrying out its functions.
2. All such funds received shall be spent in accordance with the provisions of the gift, bequest or grant. In the absence of such provisions, the center may spend the fund at its discretion.
3. All such funds shall be kept in a separate account established for that purpose pending expenditure.
Sec. 18. 1. A center holding a certificate of qualification from the bureau is eligible to receive aid from the community training center fund in amounts not to exceed the amounts allocable under subsections 2 and 3.
2. Each center in the state is eligible to receive that percentage of available funds as the ratio of the number of enrollees of each center bears to the total number of enrollees in all centers in the state, but not to exceed $250 per enrollee per quarter.
3. The bureau, it its discretion, may grant aid from the community training center fund to help in establishing new centers. This aid in the aggregate shall not exceed one-half of the fund during the fiscal year ending June 30, 1970, and shall not exceed one-fourth of the fund thereafter.
Sec. 19. (Deleted by amendment.)
Sec. 20. 1. No center may receive aid under the provisions of sections 2 to 22, inclusive, of this act for enrollees who would otherwise qualify for care or training under programs offered to the mentally or functionally retarded in the school district in which the enrollee lives or by the county where the enrollee lives.
2. The provisions of subsection 1 do not preclude aid on account of enrollees who are receiving vocational education at any center in conjunction with a schools special education program.
κ1969 Statutes of Nevada, Page 1011 (CHAPTER 554, SB 300)κ
enrollees who are receiving vocational education at any center in conjunction with a schools special education program.
Sec. 21. Centers with a certificate of qualification may enter into contracts with authorized county and school officials to give care and training to enrollees who would also qualify for care or training programs offered by the public schools or by county welfare programs.
Sec. 22. Any person who knowingly files a false report, statement or application with the bureau is guilty of a misdemeanor.
Sec. 23. NRS 232.320 is hereby amended to read as follows:
232.320 The director shall:
1. Appoint, with the consent of the governor, a chief of each of the divisions of the department. The chief of the alcoholism division shall be known as the administrator of the alcoholism division, the chief of the childrens home division shall be known as the superintendent of the Nevada state childrens home, the chief of the services to the blind division shall be known as the supervisor of services to the blind, the chief of the health division shall be known as the state health officer, the chief of mental hygiene and mental retardation division shall be known as the administrator of the mental hygiene and mental retardation division, the chief of the Nevada girls training center division shall be known as the superintendent of the Nevada girls training center, the chief of the Nevada youth training center division shall be known as the superintendent of the Nevada youth training center, the chief of the rehabilitation division shall be known as the administrator of the rehabilitation division and the chief of the welfare division shall be known as the state welfare administrator.
2. Be responsible for the administration, through the divisions of the department, of the provisions of chapters 210, 422 to 427, inclusive, and 430 to 433, inclusive, of NRS, sections 2 to 22, inclusive, of this act, chapters 436, 439 to 447, inclusive, 499, 450 and 615 of NRS, and all other provisions of law relating to the functions of the divisions of the department, but shall not be responsible for the clinical activities of the health division or the professional line activities of the other divisions.
3. Have such other powers and duties as provided by law.
Sec. 24. NRS 436.016 is hereby amended to read as follows:
436.016 1. The board shall be an advisory body to the administrator, and shall have only such powers and duties as may be authorized by law.
2. The board shall have the following advisory powers and duties:
(a) To be informed on and interested in the entire field of legislation and administration concerning mental illness.
(b) To advise and make recommendations to the director of the department or the legislature relative to the mental hygiene policy of the state.
(c) To advise the administrator with respect to the preparation and amendment of rules and regulations to give effect to the provisions of this chapter.
(d) To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this chapter.
3. The board shall have all the powers necessary to carry out its functions under the provisions of subsection 3 of section 14 of this act.
κ1969 Statutes of Nevada, Page 1012 (CHAPTER 554, SB 300)κ
Sec. 25. 1. There is hereby appropriated from the general fund in the state treasury to the community training center fund in the state treasury to be used for the purpose of carrying out the provisions of sections 2 to 22, inclusive, of this act:
For the fiscal year 1969-1970................................................................ $150,000
For the fiscal year 1970-1971................................................................ $150,000
2. The bureau may draw from the community training center fund not more than 1 percent of the amount appropriated in subsection 1 for administering the provisions of sections 2 to 22, inclusive, of this act.
3. Moneys appropriated to the community training center fund which are not expended during the fiscal year for which they were appropriated shall revert to the general fund.
Sec. 26. This act shall become effective at 12:02 a.m. on July 1, 1969.
________
Assembly Bill No. 778Committee on Government Affairs
CHAPTER 555
AN ACT relating to notice of delinquent taxes; requiring that such notice be published in the newspaper which publishes the list of taxpayers.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.565 is hereby amended to read as follows:
361.565 1. Within 20 days after the 1st Monday in March of each year, in all cases where the delinquent tax, exclusive of poll taxes, penalties and assessments of benefits of irrigation districts, does not exceed the sum of $3,000, the tax receiver of the county shall give the notice in the manner and form provided in this section.
2. Such notice shall be published in [a newspaper, if there is one published in the county,] the newspaper which publishes the list of taxpayers pursuant to NRS 361.300 at least once a week from the date thereof for 4 consecutive weeks, being four insertions. If there is no newspaper in the county, such notice shall be posted in at least five conspicuous places within the county.
3. The cost of publication in each case shall be charged to the delinquent taxpayer, and shall, in no case, be a charge against the state or county. Such publication shall be made at not more than legal rates.
4. When the delinquent property consists of unimproved real estate assessed at a sum not exceeding $25, the notice shall be given by posting a copy of the same in three conspicuous places within the county without publishing the same in a newspaper.
5. Such notice shall state:
(a) The name of the owner, if known.
(b) The description of the property on which such taxes are a lien.
κ1969 Statutes of Nevada, Page 1013 (CHAPTER 555, AB 778)κ
(c) The amount of the taxes due on the property and the penalties and costs as provided by law.
(d) That if the amount is not paid by the taxpayer or his successor in interest the tax receiver will, on the 4th Monday in April of the current year at 1:30 p.m. of that day, issue to the county treasurer, as trustee for the state and county, a certificate authorizing him to hold the property, subject to redemption within 2 years after date thereof, by payment of the taxes and accruing taxes, penalties and costs, together with interest at the rate of 10 percent per annum from date due until paid as provided by law and that such redemption may be made in accordance with the provisions of chapter 21 of NRS in regard to real property sold under execution.
6. At the same time that the tax receiver shall first publish the notice or post the same, as the case may be, he shall send a copy of the notice by registered mail, in the case of each respective property as taxed, to the owner or owners thereof, and also to the person or persons listed as the taxpayer or taxpayers thereon on the tax rolls, at their last-known addresses, if such names and addresses are known. In addition, a second copy shall be sent in the same manner as in the case of the first copy, not less than 60 days before the expiration of the period of redemption as stated in the notice.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 90Senator Fransway
CHAPTER 556
AN ACT relating to state financial administration; providing separately for contingency and emergency fund accounts; making an appropriation; and providing other matters properly relating thereto.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance shall be the chairman of the interim finance committee for the period ending with the convening of the 56th session of the legislature. The immediate past chairman of the assembly standing committee on ways and means shall be the chairman of the interim finance committee during the next legislative interim, and the chairmanship shall continue to alternate between the houses of the legislature according to this pattern.
κ1969 Statutes of Nevada, Page 1014 (CHAPTER 556, SB 90)κ
2. The interim finance committee exists and may exercise the powers conferred upon it by law only when the legislature is not in regular or special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection terminates on the day next after the election, but no vacancy is thereby created on the committee.
3. The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.
4. In all matters requiring action by the interim finance committee, the vote of the assembly and senate members shall be taken separately. An action shall not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.
Sec. 2. NRS 218.620 is hereby amended to read as follows:
218.620 1. There is hereby created the Nevada legislative counsel bureau, which shall consist of a legislative commission, an interim finance committee, a director, a fiscal and auditing division, a legal division and a research division.
2. The fiscal analyst shall be chief of the fiscal and auditing division. The legislative counsel shall be chief of the legal division. The research director shall be chief of the research division.
3. The legislative commission shall:
(a) Appoint the division chiefs and fix their compensation.
(b) Appoint one of the division chiefs director of the legislative counsel bureau, who shall serve as director without additional compensation.
4. The director of the legislative counsel bureau shall, with the consent of the legislative commission, designate one of the division chiefs or an employee of the legislative counsel bureau as deputy director, who shall serve as deputy director without additional compensation.
5. The director of the legislative counsel bureau, the chiefs of the divisions and legislative counsel bureau employees shall be entitled to receive, when engaged in official business for the legislative counsel bureau, travel expenses and subsistence allowances as provided by law.
Sec. 3. NRS 353.263 is hereby amended to read as follows:
353.263 1. [There is hereby created in the state treasury a fund to be known as the state board of examiners emergency fund. Moneys for such fund shall be provided by direct legislative appropriation.
2. The state board of examiners emergency fund shall be a continuing fund and none of the moneys in such fund shall revert to the general fund at any time.
3. When the state board of examiners finds, after diligent inquiry and examination, that an extreme emergency exists, such board may declare the existence of such an emergency and authorize the expenditure of sums not exceeding $50,000 from the state board of examiners emergency fund.
4. When the state board of examiners finds, after diligent inquiry and examination, that:
(a) As a result of the payment of terminal leave pay or sick leave pay to any state officer or employee, sufficient appropriated money does not remain available to permit the payment of salaries when due to a person to be appointed or employed to replace the officer or employee who is on sick leave or whose employment has been terminated; and
κ1969 Statutes of Nevada, Page 1015 (CHAPTER 556, SB 90)κ
to be appointed or employed to replace the officer or employee who is on sick leave or whose employment has been terminated; and
(b) The appointment or employment of such replacement is necessary in the best interests of the state,
the state board of examiners may, with the approval of the fiscal analyst, authorize the expenditure of sums not exceeding $2,000 from the state board of examiners emergency fund for payment of salaries when due to each person so appointed or employed as a replacement for the person to whom such terminal leave pay or sick leave pay was paid or is payable.
5.] As used in this section, emergency means invasion, insurrection, riot, epidemic or natural disaster.
2. There is hereby created in the general fund in the state treasury a fund account to be known as the emergency fund account. Moneys for such fund account shall be provided by direct legislative appropriation.
3. When the state board of examiners finds that an emergency exists which requires an expenditure for which no appropriation has been made, or in excess of an appropriation made, by the legislature, the board may authorize the expenditure of not more than $50,000 from the emergency fund account to meet such emergency.
4. The state board of examiners shall biennially file a report with the president of the senate and the speaker of the assembly enumerating the expenditures authorized by the state board of examiners under the provisions of this section.
Sec. 4. NRS 353.264 is hereby amended to read as follows:
353.264 1. There is hereby created in the state treasury the reserve for statutory contingency fund.
2. The reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in such fund shall be expended only for the payment of claims which are obligations of the state under NRS 7.260, 41.037, 176.215, 176.485, 177.345, 179.310, 212.040, 212.050, 212.070, 213.153, 214.040 and 353.120 [.] , and section 6 of this act.
Sec. 5. Chapter 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 9, inclusive, of this act.
Sec. 6. When the state board of examiners finds, after diligent inquiry and examination, that:
1. As a result of the payment of terminal leave pay or sick leave pay to any state officer or employee, sufficient appropriated money does not remain available to permit the payment of salaries when due to a person to be appointed or employed to replace the officer or employee who is on sick leave or whose employment has been terminated; and
2. The appointment or employment of such replacement is necessary in the best interests of the state,
the state board of examiners may, with the approval of the fiscal analyst, authorize the expenditure of sums not exceeding $2,000 from the reserve for statutory contingency fund for payment of salaries when due to each person so appointed or employed as a replacement for the person to whom such terminal leave pay or sick leave pay was paid or is payable.
Sec. 7. 1. There is hereby created in the general fund in the state treasury a fund account to be known as the contingency fund account.
κ1969 Statutes of Nevada, Page 1016 (CHAPTER 556, SB 90)κ
treasury a fund account to be known as the contingency fund account. Moneys for such fund account shall be provided by direct legislative appropriation.
2. Any unencumbered moneys in excess of $1,000,000 in the contingency fund account at any time shall revert to the unappropriated surplus account in the general fund.
Sec. 8. When any state agency or officer, at a time when the legislature is not in session, finds that circumstances for which the legislature has made no other provision require an expenditure during the biennium of money in excess of the amount appropriated by the legislature for the biennium for the support of that agency or officer, or for any program, including the state distributive school fund, the agency or officer shall submit a request to the state board of examiners for an allocation from the contingency fund account. The state board of examiners shall consider the request, may require from the requester such additional information as they deem appropriate, and shall, if they find that an allocation should be made, recommend the amount of such allocation.
Sec. 9. 1. The recommendation of the state board of examiners for an allocation from the contingency fund account shall be transmitted to the director of the legislative counsel bureau, who shall notify the chairman of the interim finance committee. The chairman shall call a meeting of the committee to consider the recommendation.
2. If the interim finance committee finds that an allocation recommended by the state board of examiners should be made, the committee shall by resolution establish the amount and purpose of the allocation, and direct the state controller to transfer such amount to the appropriate fund or fund account. The state controller shall thereupon make such transfer.
Sec. 10. There is hereby appropriated from the general fund in the state treasury to the contingency fund account the sum of $1,000,000.
Sec. 11. This act shall become effective at 12:01 a.m. on July 1, 1969.
________
Senate Bill No. 479Senator Lamb
CHAPTER 557
AN ACT relating to public employees retirement; providing retirement allowances for public employees who terminate their employment after 15 or 20 years of service prior to reaching retirement age; providing protection for beneficiaries of public employees with 15 or more years of service; and providing other matters properly relating thereto.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.570 is hereby amended to read as follows:
286.570 1. Any person employed by the state or its political subdivisions who is a participating member of the system, who has been employed for a period of [25] 20 or more continuous years, and who leaves the employ of the state or its political subdivisions prior to the attainment of the minimum service retirement age, may elect to refuse the return of his contributions, and in place thereof, upon reaching minimum service retirement age, may receive the same benefits to which he would otherwise have been entitled had he continued membership in the system.
κ1969 Statutes of Nevada, Page 1017 (CHAPTER 557, SB 479)κ
leaves the employ of the state or its political subdivisions prior to the attainment of the minimum service retirement age, may elect to refuse the return of his contributions, and in place thereof, upon reaching minimum service retirement age, may receive the same benefits to which he would otherwise have been entitled had he continued membership in the system.
2. Members with [20] 15 or more years of service but with less than [25] 20 years of service and who are more than 5 years from retirement age as specified elsewhere in this chapter may leave covered service and, upon attainment of retirement age, may receive an allowance which shall be reduced by 4 percent for each year less than [25] 20 years. Fractions of years shall be prorated. The reduced allowance shall not be less than 80 percent of formula benefits.
Sec. 2. NRS 286.610 is hereby amended to read as follows:
286.610 1. A member with [20] 15 or more years of service but who is not yet eligible for retirement by reason of age may elect to protect a beneficiary under the terms and conditions of one of Options 2 to 5, inclusive, as described in NRS 286.590.
2. The protection to the beneficiary shall be calculated upon the members conditions of service and average salary obtaining on the 1st day of the month in which the application for such protection, upon a form prescribed by the board, shall be received in the office of the board.
3. Should the member die after the election has become effective, the designated beneficiary, if surviving, shall become eligible for receipt of an allowance under the elected plan at such time as the deceased member would have reached retirement age or, if either Option 4 or Option 5 has been elected, under the terms and conditions of such option, whichever is later. If the beneficiary does not survive to the date upon which the deceased member would have reached retirement age, or to such date as the beneficiary would be otherwise eligible for an allowance, the refund of the contributions of the deceased member shall be paid in equal shares directly and without probate or administration to the surviving children of the deceased member or, if there be no such surviving children, to the estate of the deceased beneficiary. The anticipated retirement age shall be that age upon which the member could have retired in consideration of service credited at the time of death.
4. Should the member die after the effective date of protection, the allowance payable to the designated beneficiary under the elected option shall be recalculated under the conditions of service and average salary obtaining as of the date of such death.
5. If the beneficiary should die during the continued employment of the member, the member may designate a beneficiary under NRS 286.660 to receive his total retirement contributions in case of death prior to actual entry into retirement.
6. Protection under optional plans may be extended to only one person prior to actual entry into retirement status, but if the originally named beneficiary should die prior to the entry of the member into actual retirement a new beneficiary may be named under an optional plan. A charge shall be made for the protection previously extended to the deceased beneficiary which shall be the actuarial equivalent of the protection previously received and the optional payments for the new beneficiary shall be calculated under regular procedures.
κ1969 Statutes of Nevada, Page 1018 (CHAPTER 557, SB 479)κ
7. Should the member enter into actual retirement status within 12 months of the effective date of protection to a beneficiary, he shall receive his allowance under the terms and conditions of the option previously selected, but the allowance payable under the option shall be recalculated upon the conditions of service and average salary obtaining as of the date of retirement, and the recalculated allowance shall be reduced by the actuarial equivalent of the protection previously received, based upon ages when the member is first eligible to retire.
8. Should the member enter into actual retirement status at a date in excess of 12 months after the effective date of protection, he may retire under the terms and conditions of the plan previously selected or he may be permitted to reselect a retirement plan, with a change of beneficiary if desired, and calculations in every case shall be made upon the conditions of service and average salary obtaining upon the date of retirement. The recalculated allowance shall be reduced in every case by the actuarial equivalent of the protection previously received, based upon ages when the member is first eligible to retire. If the member does not change selection of retirement option or beneficiary, the period of protection chargeable to him ceases on the date he is first eligible to retire. If the member changes either the selection of retirement allowance or beneficiary, the period of protection chargeable to him ceases on the date of the actual retirement.
________
Senate Bill No. 490Senator Christensen
CHAPTER 558
AN ACT relating to public health; facilitating the administration of public health, sanitation, food and drink establishments and public accommodations at the local level.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 439.005 is hereby amended to read as follows:
439.005 As used in this chapter, unless the context requires otherwise:
1. Department means the department of health, welfare and rehabilitation.
2. Director means the director of the department of health, welfare and rehabilitation.
3. Health authority means the officers and agents of the health division or the officers and agents of the local boards of health.
4. Health division means the health division of the department of health, welfare and rehabilitation.
Sec. 2. NRS 439.550 is hereby amended to read as follows:
439.550 Each local health officer is charged with the strict and thorough enforcement of the provisions of this chapter in his jurisdiction, under the supervision and direction of the health division. He shall make [an immediate report] reports to the health division of any violation of this chapter coming to his notice by observation or upon complaint of any person or otherwise.
κ1969 Statutes of Nevada, Page 1019 (CHAPTER 558, SB 490)κ
this chapter coming to his notice by observation or upon complaint of any person or otherwise.
Sec. 3. NRS 439.570 is hereby amended to read as follows:
439.570 1. When the [state board of health shall deem] health authority deems it necessary, [the health division] he shall report cases of violation of any of the provisions of this chapter to the district attorney of the county, with a statement of the facts and circumstances. When any such case is reported to him by the health [division,] authority, the district attorney shall forthwith initiate and promptly follow up the necessary court proceedings against the person or corporation responsible for the alleged violation of law.
2. Upon request of the health division, the attorney general shall assist in the enforcement of the provisions of this chapter.
Sec. 4. NRS 444.030 is hereby amended to read as follows:
444.030 The [state health officer and his duly authorized agents] health authority shall enforce all the provisions of NRS 444.010 to 444.040, inclusive, and the rules, regulations, method and process of sterilization authorized by NRS 444.010 to 444.040, inclusive.
Sec. 5. NRS 444.070 is hereby amended to read as follows:
444.070 The health [division] authority shall have supervision over the sanitation, healthfulness, cleanliness and safety of public swimming pools and bathhouses and the state board of health or local board of health is empowered to make and enforce such rules and regulations pertaining thereto as it shall deem necessary to carry out the provisions of NRS 444.070 to 444.120, inclusive.
Sec. 6. NRS 444.080 is hereby amended to read as follows:
444.080 1. It shall be unlawful for any person, firm, corporation, institution or municipality to construct or to operate or continue to operate any public swimming pool, bathhouse, or nudist colony, or any structure intended to be used for swimming or bathing purposes within the State of Nevada without a permit to do so from the health [division.] authority.
2. Any person, firm, corporation, institution or municipality desiring to construct or to operate and maintain any public swimming pool, bathhouse or structure intended to be used for swimming or bathing purposes within the State of Nevada shall file an application for permission to do so with the health [division.] authority.
3. The application shall state:
(a) The source of water supply.
(b) The amount and quality of water available and intended to be used.
(c) The method and manner of water purification, treatment, disinfection, heating, regulating and cleaning.
(d) The lifesaving apparatus and measures to insure safety of bathers.
(e) The measures to insure personal cleanliness of bathers.
(f) The methods and manner of washing, disinfecting, drying and storing bathing apparel and towels.
(g) All other information and statistics that may be required by the regulations of the state board of health [.] or local board of health.
4. Upon receipt of the application, the health [division] authority shall cause an investigation to be made of the proposed or existing pool, and if the [state board of health shall determine] health authority determines as a fact that the same is or may reasonably be expected to become unclean or insanitary or may constitute a menace to public health, the health [division] authority shall deny the permit.
κ1969 Statutes of Nevada, Page 1020 (CHAPTER 558, SB 490)κ
and if the [state board of health shall determine] health authority determines as a fact that the same is or may reasonably be expected to become unclean or insanitary or may constitute a menace to public health, the health [division] authority shall deny the permit. If the [state board of health shall determine] health authority determines as a fact that the same is or may reasonably be expected to be conducted continuously in a clean and sanitary manner and will not constitute a menace to public health, the health [division] authority shall grant the permit under such restrictions as the [board] authority shall deem proper.
Sec. 7. NRS 444.090 is hereby amended to read as follows:
444.090 1. For the purposes of NRS 444.070 to 444.120, inclusive, the health [division, the county board of health, any public health officer or inspector shall, at stated intervals designated by the state health officer, have full power and authority to, and] authority shall be permitted to, enter upon any and all parts of the premises of such bathing and swimming places to make examination and investigation to determine the sanitary condition of such places and whether the provisions of NRS 444.070 to 444.120, inclusive, or the rules and regulations of the state board of health or local board of health pertaining thereto are being violated.
2. The results of such inspection shall be reported to the [state health officer] authority within 7 days following the inspection.
3. The health [division and the county boards of health] authority may, from time to time, at their discretion publish the reports of such inspection.
Sec. 8. NRS 444.100 is hereby amended to read as follows:
444.100 Any permit granted by the health [division] authority as provided in NRS 444.070 to 444.120, inclusive, shall be revocable or subject to suspension at any time by formal action of the state board of health or local board of health if the board shall determine as a fact that the swimming or bathing places are being conducted in a manner insanitary, unclean or dangerous to public health.
Sec. 9. NRS 444.110 is hereby amended to read as follows:
444.110 Any swimming pool constructed, operated or maintained contrary to the provisions of NRS 444.070 to 444.120, inclusive, is hereby declared to be a public nuisance, dangerous to health. Such nuisance may be abated or enjoined in an action brought by the local board of health or the health [division.] authority.
Sec. 10. NRS 444.170 is hereby amended to read as follows:
444.170 1. All garbage, kitchen wastes and other rubbish in such camps shall be deposited in suitable covered receptacles which shall be emptied daily, or oftener if necessary, and the contents burned, buried or otherwise disposed of in such a way as not to be or become offensive or insanitary.
2. All drainage from the kitchen sink shall be carried through a covered drain to a covered [cesspool or] septic tank or otherwise disposed of in such a way as not to become offensive or insanitary.
Sec. 11. NRS 444.190 is hereby amended to read as follows:
444.190 1. The health [division] authority shall administer NRS 444.130 to 444.200, inclusive, and the state board of health or local boards of health shall have full power and authority to declare and prescribe such reasonable standards and regulations as will tend to insure the observance of NRS 444.130 to 444.200, inclusive.
κ1969 Statutes of Nevada, Page 1021 (CHAPTER 558, SB 490)κ
444.130 to 444.200, inclusive, and the state board of health or local boards of health shall have full power and authority to declare and prescribe such reasonable standards and regulations as will tend to insure the observance of NRS 444.130 to 444.200, inclusive.
2. The [county health officers] health authority shall secure the enforcement of the provisions of NRS 444.130 to 444.200, inclusive, and for such purposes the [officers and agents of the health division or the county health officers] health authority shall have the right:
(a) To enter upon either public or private property within the state to determine whether or not there exists upon such property any camp to which the provisions of NRS 444.130 to 444.200, inclusive, may apply.
(b) To enter and inspect all camps within the State of Nevada wherever the same may be situated, and to inspect all accommodations, equipment or paraphernalia connected therewith.
(c) To enter upon and inspect all adjacent land surrounding any such camp to determine whether or not the sanitary and other requirements of NRS 444.130 to 444.200, inclusive, have been or are being complied with.
3. Any camp coming under the provisions of NRS 444.130 to 444.200, inclusive, which does not conform to the provisions of NRS 444.130 to 444.200, inclusive, is hereby declared a public nuisance and if not made to so conform within 5 days or within such longer period of time as may be allowed by the health [division or the county health officer,] authority, after written notice given by the health [division or the county health officer,] authority, shall be abated by proper action brought for that purpose in the district court of the county in which such camp, or the greater portion thereof, is situated.
Sec. 12. Chapter 444 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 and 14 of this act.
Sec. 13. Health authority means the officers and agents of the health division or the officers and agents of the local boards of health.
Sec. 14. 1. The health authority shall have supervision over the sanitation, healthfulness, cleanliness and safety of the following state institutions:
(a) Nevada state prison.
(b) Nevada state hospital.
(c) Nevada youth training center.
(d) Nevada state childrens home.
(e) Nevada girls training center.
(f) Public school gymnasiums.
(g) Every public school, and particularly those schools which participate in the school lunch program in the State of Nevada.
2. The state board of health is empowered to adopt, promulgate and enforce rules and regulations pertaining thereto as shall be deemed necessary to promote properly the sanitation, healthfulness, cleanliness and safety of such institutions.
3. The health authority shall inspect such institutions at least once each calendar year and whenever in his discretion he deems an inspection necessary to carry out the provisions of this section; but inspections of public schools and gymnasiums shall be made at least twice a year, such inspections to take place immediately preceding the opening of each new semester.
κ1969 Statutes of Nevada, Page 1022 (CHAPTER 558, SB 490)κ
public schools and gymnasiums shall be made at least twice a year, such inspections to take place immediately preceding the opening of each new semester.
4. A report of the findings upon such inspection or inspections shall be made to the state board of health within 20 days following such inspection or inspections. The state board of health may from time to time, in its discretion, publish the reports of such inspections.
5. Any person or persons in charge of the institutions named in this section shall operate such institutions in conformity with the rules and regulations relating to sanitation, healthfulness, cleanliness and safety adopted and promulgated by the state board of health.
6. For the purpose of carrying out the provisions of this section the health authority shall have full power and authority to enter upon any and all parts of the premises of any of the institutions named in this section over which he has jurisdiction, to make examinations and investigations to determine the sanitary conditions of such places and whether the provisions of this section and the rules and regulations of the state board of health pertaining thereto are being violated.
Sec. 15. NRS 447.050 is hereby amended to read as follows:
447.050 It is unlawful for any person to use, or to permit another person to use, any of the following portions of a hotel for living or sleeping purposes:
1. Any kitchen, cellar, hallway, water closet, bath, shower compartment, or slop-sink room.
2. Any other room or place which does not comply with the provisions of this chapter, or in which, in the judgment of the [state health officer or his duly authorized agent,] health authority, living or sleeping is dangerous or prejudicial to life or health by reason of an overcrowded condition, a want of light, windows, ventilation or drainage, dampness, or offensive or obnoxious odors or poisonous gases in the room or place, or a lack of exits as required by the latest edition of the Uniform Building Code.
Sec. 16. NRS 447.100 is hereby amended to read as follows:
447.100 Whenever any room in any hotel shall have been occupied by any person having a contagious or infectious disease, the room shall be thoroughly fumigated under the direction of the health [officer, his authorized deputy or deputies, or any agent provided for by this chapter,] authority, and all bedding therein thoroughly disinfected before the room shall be occupied by any other person. In any event, such room shall not be let to any person for at least 48 hours after such fumigation or disinfection.
Sec. 17. NRS 447.140 is hereby amended to read as follows:
447.140 1. In every hotel built after July 1, 1957, any room in which a water closet, bathtub or shower is installed must be ventilated to the outside air by means of a window of at least 3 square feet, unless satisfactory mechanical ventilation is provided.
2. In hotels built prior to July 1, 1957, without windows in the rooms containing water closets, bathtubs or showers, suitable ventilation shall be provided as required by the [state health officer or his duly authorized agent.] health authority.
κ1969 Statutes of Nevada, Page 1023 (CHAPTER 558, SB 490)κ
Sec. 18. NRS 447.145 is hereby amended to read as follows:
447.145 1. In every hotel and any other type of transient lodging establishment the heating and ventilating systems shall be constructed, installed and operated so as to reduce to a minimum the possibilities of fire, explosion, asphyxiation or gas poisoning.
2. Faultily constructed or installed heating and ventilating systems in hotels and other types of transient lodging establishments constructed prior to July 1, 1957, shall be reconstructed, repaired or replaced upon order of the [state health officer or his duly authorized agent] health authority whenever the continued operation of the faultily constructed or installed heating and ventilation systems will result in detriment to the health and life of the occupants of the building.
3. The state board of health or local board of health is authorized to adopt rules, regulations and codes governing the construction, installation and operation of heating and ventilating systems in hotels and other types of transient lodging establishments.
Sec. 19. NRS 447.150 is hereby amended to read as follows:
447.150 1. The [state health officer or his duly authorized agent] health authority may exempt any hotel built prior to October 1, 1945, from having the number of water closets, bathtubs or showers required by this chapter for the following reason: The exemption will not result in detriment to the health of the occupants or to the sanitation of the building.
2. The [state health officer or his duly authorized agent] health authority has no authority under this section to exempt any hotel or portion of a hotel built after October 1, 1945, from having the number of water closets, bathtubs or showers required by this chapter.
Sec. 20. NRS 447.185 is hereby amended to read as follows:
447.185 The reconstruction of existing hotels, including all types of transient lodging establishments, and the construction of new hotels, including all types of transient lodging establishments, shall be in accord with pertinent state laws, rules and regulations of the state board of health [,] or local board of health, and the latest editions of the Uniform Building Code and the National Plumbing Code and such other codes as the state board of health may designate.
Sec. 21. NRS 447.190 is hereby amended to read as follows:
447.190 The [state health officer] health authority is charged with the enforcement of this chapter. He shall [:
1. Appoint such agent or agents as he deems necessary to carry out the provisions of this chapter.
2. Keep] keep a record of hotels inspected, and the record or any part thereof may, in the discretion of the [state health officer,] health authority, be included in the biennial report to the director of the department of health, welfare and rehabilitation.
Sec. 22. NRS 447.200 is hereby amended to read as follows:
447.200 The [state health officer or his duly authorized agent or agents] health authority shall have access at any time to any hotel in this state for the purpose of making inspections and carrying out the provisions of this chapter.
κ1969 Statutes of Nevada, Page 1024 (CHAPTER 558, SB 490)κ
Sec. 23. NRS 439.250 is hereby repealed.
Sec. 24. This act shall become effective upon passage and approval.
________
Assembly Bill No. 503Clark County Delegation
CHAPTER 559
AN ACT authorizing counties to acquire and improve street beautification projects and to assess the cost thereof, including operation and maintenance expenses, against the property benefited thereby; authorizing the issuance of bonds; and providing other matters properly relating thereto.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 75, inclusive, of this act.
Sec. 2. It is hereby declared as a matter of legislative determination:
1. That the acquisition, improvement, equipment, operation and maintenance of any street beautification project authorized in sections 2 to 75, inclusive, of this act is in the public interest and is of special benefit to the property assessed to defray the cost thereof.
2. That the notices provided in sections 2 to 75, inclusive, of this act are reasonably calculated to inform each interested person of his legally protected rights.
Sec. 3. Except where the context otherwise requires, the definitions in sections 4 to 25, inclusive, of this act govern the construction of sections 2 to 75, inclusive, of this act.
Sec. 4. Acquisition or acquire means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant, endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract or other acquirement (or any combination thereof) of facilities, other property, any street beautification project or an interest therein authorized in sections 2 to 75, inclusive, of this act.
Sec. 5. Ad valorem as describing a method of apportioning special benefits against assessable property means the spreading of the cost of a project on the basis of the assessed valuation of the real property in the improvement district. For purposes of computation, the ad valorem method may be based upon the valuation of benefited property to a certain distance back from the street beautification project or may be based upon other reasonable depth factors.
Sec. 6. Assessable property means the tracts of land specially benefited by any street beautification project the cost of which is wholly or partly defrayed by the county by the levy of assessments, except any tract owned by the Federal Government, in the absence of its consent, and except any street or other public right-of-way.
κ1969 Statutes of Nevada, Page 1025 (CHAPTER 559, AB 503)κ
Sec. 7. Assessment or assess means a special assessment, or the levy thereof, against any tract specially benefited by any street beautification project, to defray wholly or in part the cost of the project, which assessment shall be made on an ad valorem, front foot, zone, area or other equitable basis, or any combination thereof, as may be determined by the board of county commissioners.
Sec. 8. Assessment lien means a lien on a tract created by resolution or ordinance of the county to secure the payment of an assessment levied against that tract, as provided in section 53 of this act.
Sec. 9. Condemnation or condemn means the acquisition by the exercise of the power of eminent domain of property for any facilities, other property, street beautification project, or an interest therein, authorized in sections 2 to 75, inclusive, of this act. The power of eminent domain vested in the board of county commissioners includes the power to condemn, in the name of the county, either the fee simple or any lesser estate or interest in any real property which the board by resolution or ordinance determines is necessary for carrying out the purposes of sections 2 to 75, inclusive, of this act. Such resolution or ordinance shall be prima facie evidence that the taking of the fee simple or easement, as the case may be, is necessary.
Sec. 10. Cost or cost of the street beautification project or words of similar import means all or any part designated by the board of county commissioners of the cost of any facilities, project or interest therein being acquired, which cost, at the option of the board, may include all or any part of the incidental costs pertaining to the street beautification project, including without limiting the generality of the foregoing, preliminary expenses advanced by the county from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, assessment plats, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, costs of making, publishing, posting, mailing and otherwise giving any notice in connection with such project, any taking of options, the levy of assessments, the issuance of securities, the filing or recordation of instruments, the discounting of bonds, interest on interim warrants, the levy and collection of assessments and installments thereof, and all other expenses necessary or desirable and appertaining to any street beautification project, as estimated or otherwise ascertained by the board.
Sec. 11. Engineer means the county engineer or any competent engineer or firm of engineers employed by the county in connection with any facility, property, street beautification project or power authorized in sections 2 to 75, inclusive, of this act.
Sec. 12. Equipment or equip means the furnishing of all necessary or desirable, related or appurtenant facilities, or any combination thereof, appertaining to any facilities, property, street beautification project or interest therein authorized in sections 2 to 75, inclusive, of this act.
Sec. 13. Federal Government means the United States of America, or any agency, instrumentality or corporation thereof.
Sec. 14. Improvement or improve means the extension, widening, lengthening, betterment, alteration, reconstruction, repair or other improvement (or any combination thereof) of facilities, other property, any street beautification project or an interest therein authorized in sections 2 to 75, inclusive, of this act.
κ1969 Statutes of Nevada, Page 1026 (CHAPTER 559, AB 503)κ
improvement (or any combination thereof) of facilities, other property, any street beautification project or an interest therein authorized in sections 2 to 75, inclusive, of this act.
Sec. 15. Improvement district means the geographical area within the county designated and delineated by the board of county commissioners, in which improvement district is located the facilities or the street beautification project, or an interest therein, the cost of which is to be defrayed wholly or in part by the levy of special assessments, and in which is located each tract to be assessed therefor. An improvement district may consist of noncontiguous areas. Improvement districts shall be designated by consecutive numbers or in some other manner to identify separately each such district in the county.
Sec. 16. Mailed notice or notice by mail means the giving by the engineer, county clerk, other county officer or any deputy thereof, as determined by the board of county commissioners, of any designated written or printed notice addressed to the last-known owner or owners of each tract being assessed or other designated person at his or their last-known address or addresses by deposit, at least 20 days prior to the designated hearing or other time or event, in the United States mails, postage prepaid, as first-class mail. The names and addresses of such property owners shall be obtained from the records of the county assessor or from such other source or sources as the county clerk or the engineer deems reliable. Any list of such names and addresses appertaining to any improvement district may be revised from time to time, but such a list need not be revised more frequently than annually. Any mailing of any notice required by sections 2 to 75, inclusive, of this act shall be verified by the affidavit or certificate of the person mailing the notice, which verification shall be retained in the records of the county at least until all assessments and bonds appertaining thereto have been paid in full, or any claim is barred by a statute of limitations. Such affidavit of mailing shall be prima facie evidence of the mailing of such notice in accordance with the requirements of this section.
Sec. 17. Person means any human being, association, partnership, corporation or legal entity, excluding the Federal Government.
Sec. 18. Project means any structure, facility, undertaking or system which a county is authorized in sections 2 to 75, inclusive, to acquire, improve, equip, operate or maintain. A street beautification project may consist of all kinds of personal and real property.
Sec. 19. Property means real property and personal property.
Sec. 20. Public body means the State of Nevada, or any agency, instrumentality or corporation thereof, or any municipality, county, school district, other type district or any other subdivision of the state, excluding the Federal Government.
Sec. 21. Publication or publish means publication in at least one newspaper of general circulation in the county, which newspaper is published at least once a week. Except as otherwise expressly provided or necessarily implied in sections 2 to 75, inclusive, of this act, publication or publish also means publication for at least once a week for 3 consecutive weeks by three weekly insertions, the first publication being at least 15 days prior to the designated time or event. Unless otherwise so stated, it is not necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but not less than 14 days shall intervene between the first publication and the last publication.
κ1969 Statutes of Nevada, Page 1027 (CHAPTER 559, AB 503)κ
week in each of the 3 calendar weeks, but not less than 14 days shall intervene between the first publication and the last publication. Any publication required by sections 2 to 75, inclusive, of this act shall be verified by the affidavit of the publisher and filed with the county clerk.
Sec. 22. Real property means:
1. Land, including land under water.
2. Buildings, structures, fixtures and improvements appurtenant to land.
3. Every estate, interest, privilege, easement, franchise and right in land, legal or equitable, including, without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges or encumbrances by way of judgment, mortgage or otherwise, and the indebtedness secured by such liens.
Sec. 23. Street beautification project means the beautification of any street, avenue, boulevard, alley, parkway, highway or other public right-of-way used primarily for vehicular traffic, including without limitation paving, median strips, crosswalks, street dividers, sidewalks, curbs, gutters, storm sewers, sanitary sewers, drains, covered walkways or areas, street-lighting facilities, water-distribution and irrigation systems, vehicular parking areas, retaining walls, landscaping, tree planting, shrubbery, foliage, fountains, waterfalls, decorative structures, benches, information booths, restrooms, signs, and other structures, works, and any other project or facility authorized by the County Improvements Law pertaining thereto, including the reconstruction and relocation of existing municipally owned works, improvements or facilities on such streets.
Sec. 24. Taxes means general (ad valorem) taxes pertaining to any street beautification project authorized by sections 2 to 75, inclusive, of this act.
Sec. 25. Tract means any tract, lot or other parcel of land for assessment purposes, whether platted or unplatted, regardless of lot or land lines. Lots, plots, blocks and other subdivisions may be designated in accordance with any recorded plat thereof; and all lands, platted and unplatted, shall be designated by a definite description. For all purposes of sections 2 to 75, inclusive, of this act and any law amendatory thereof or supplemental thereto, any tract which is assessable property in an improvement district may be legally described pursuant to NRS 361.190 to 361.220, inclusive, as from time to time amended.
Sec. 26. For the purpose of computing any period of time prescribed in sections 2 to 75, inclusive, of this act, including but not limited to publications, the day of the first publication, other act or designated time shall be excluded, and the day of the last publication, other act or designated time shall be included.
Sec. 27. The board of county commissioners of each county, upon behalf of the county and in its name, without any election, shall have power from time to time to acquire, improve, equip, operate and maintain one or more street beautification projects.
Sec. 28. The board of county commissioners, upon behalf of the county and in its name, for the purpose of defraying all the cost of acquiring, improving, equipping, operating and maintaining any street beautification project authorized in sections 2 to 75, inclusive, of this act, or any portion of the cost thereof not to be defrayed with moneys available therefor from the general fund, any special fund or otherwise, shall have power under sections 2 to 75, inclusive, of this act to:
κ1969 Statutes of Nevada, Page 1028 (CHAPTER 559, AB 503)κ
portion of the cost thereof not to be defrayed with moneys available therefor from the general fund, any special fund or otherwise, shall have power under sections 2 to 75, inclusive, of this act to:
1. Levy assessments against assessable property within the county and to 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 county, 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 the provisions of sections 2 to 75, inclusive, of this act to the payment of special assessment bonds and to create liens on such proceeds to secure such payments.
4. Issue special assessment bonds as provided in sections 2 to 75, inclusive, of this act, but the cost of operating and maintaining any street beautification project shall not be paid from bond proceeds.
5. Make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers granted in sections 2 to 75, inclusive, of this act, or in the performance of the countys covenants or duties or in order to secure the payment of its bonds, provided that:
(a) No encumbrance, mortgage or other pledge of property (excluding any money) of the county is created thereby; and
(b) No property (excluding money) of the county is liable to be forfeited or taken in payment of such bonds.
Sec. 29. 1. Whenever the board of county commissioners is of the opinion that the interest of the county requires any street beautification project, the board, by resolution, shall direct the engineer to prepare:
(a) Preliminary plans showing:
(1) A general description of the contemplated street beautification project.
(2) A preliminary estimate of the cost of such project, including incidental costs.
(b) An assessment plat showing the area to be assessed.
2. The resolution may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit prices, as may seem to the engineer most desirable for the improvement complete in place.
3. The resolution shall describe the street beautification project in general terms.
4. The resolution shall state:
(a) What part or portion of the expense of the street beautification project is of special benefit and therefore shall be paid by assessments.
(b) What part, if any, has been or is proposed to be defrayed with moneys derived from other than the levy of assessments.
(c) The basis by which the cost will be apportioned and assessments levied.
5. In case the assessment is not to be made according to front feet, the resolution shall:
κ1969 Statutes of Nevada, Page 1029 (CHAPTER 559, AB 503)κ
(a) By apt description designate the improvement district, including the tracts to be assessed.
(b) Describe definitely the location of the street beautification project.
(c) State that the assessment is to be made upon all the tracts benefited by the street beautification project proportionately to the benefits received.
6. In case the assessment is to be upon the abutting property upon a frontage basis, it shall be sufficient for the resolution so to state and to define the location of the street beautification project to be made.
7. It shall not be necessary in any case to describe minutely in the resolution each particular tract to be assessed, but simply to designate the property, improvement district or the location, so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.
8. The engineer shall forthwith prepare and file with the county clerk:
(a) The preliminary plans; and
(b) The assessment plat.
9. Upon the filing of the plans and plat, the board of county commissioners shall examine them; and if the plans and plat are found to be satisfactory, the board shall make a provisional order by resolution to the effect that such project shall be acquired, improved, equipped, operated and maintained.
Sec. 30. Any estimate of cost required or authorized in sections 2 to 75, inclusive, of this act shall not constitute a limitation upon such cost or a limitation upon the rights and powers of the board of county commissioners or of any officers, agents or employees of the county.
Sec. 31. 1. In the provisional order the board of county commissioners shall set a time, at least 20 days thereafter, and place at which the owners of the tracts to be assessed, or any other persons interested therein, may appear before the board and be heard as to the propriety and advisability of acquiring, improving, equipping, operating and maintaining the street beautification project provisionally ordered.
2. Notice shall be given:
(a) By publication.
(b) By mail.
3. Proof of publication shall be by affidavit of the publisher.
4. Proof of mailing shall be by affidavit of the person mailing the notice.
5. Proof of publication and proof of mailing shall be maintained in the records of the county until all the assessments appertaining thereto have been paid in full, principal, interest, any penalties and any collection costs.
6. The notice shall describe:
(a) The kind of street beautification project proposed (without mentioning minor details or incidentals).
(b) The estimated cost of the street beautification project and the part or portion, if any, to be paid from sources other than assessments.
(c) The basis for apportioning the assessments, which assessments shall be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on an ad valorem, front foot, area, zone or other equitable basis (or any combination thereof).
κ1969 Statutes of Nevada, Page 1030 (CHAPTER 559, AB 503)κ
(d) The extent of the improvement district to be assessed (by boundaries or other brief description).
(e) The time and place when and where the board of county commissioners will consider the ordering of the proposed project and hear all complaints, protests and objections that may be made in writing and filed with the county clerk at least 3 days prior thereto, or verbally at the hearing, concerning the proposed project, by the owner of any tract to be assessed or any person interested.
(f) The fact that the description of the tracts to be assessed and all proceedings in the premises are on file and can be seen and examined at the office of the county clerk during business hours, at any time, by any person so interested.
(g) The fact, in general terms, that, unless there is no substantial change, a substantial change in certain existing street elevations or grades will result from the project proposed, without necessarily including any statement in detail of the extent or location of any such change.
7. The notice shall also state that, within the time specified in the notice, if complaints, protests and objections in writing, i.e., all written remonstrances, against the project are filed with the county clerk, signed by the owners of tracts constituting a majority of the assessed valuation, of the frontage, of the area, of the zone, or of the other basis stated in the provisional order resolution for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district, the project therein shall not be acquired or improved. Any method of assessment which is a combination of methods shall include a reasonable procedure for computing protests, which shall be stated in the provisional order resolution.
8. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the board of county commissioners at any time prior to the passage of the ordinance adopted pursuant to section 35 of this act creating the improvement district and authorizing the street beatification project.
9. The engineer may make minor changes in time, plans and materials entering into the street beautification project at any time before its completion.
Sec. 32. 1. On the date and at the place fixed for the hearing, any and all property owners interested in such street beautification project may, by written complaints, protests or objections, present their views in respect to the proposed project to the board of county commissioners, or present them orally, and the board may adjourn the hearing from time to time.
2. After the hearing has been concluded, after all written complaints, protests and objections have been read and considered, and after all persons desiring to be heard in person have been heard, the board shall consider the arguments, if any, and any other relevant material put forth.
3. Thereafter, if the board determines that it is not in the public interest that the proposed street beautification project, or a part thereof, be made, the board shall make an order by resolution to that effect. Thereupon the proceeding for the project, or the part thereof, determined against by such order shall stop and shall not be begun again until the adoption of a new resolution.
κ1969 Statutes of Nevada, Page 1031 (CHAPTER 559, AB 503)κ
against by such order shall stop and shall not be begun again until the adoption of a new resolution.
4. Any complaint, protest or objection to the regularity, validity and correctness of the proceedings and instruments taken, adopted or made prior to the date of the hearing shall be deemed waived unless presented in writing at the time and in the manner specified in section 31 of this act.
Sec. 33. Any person filing a written complaint, protest or objection as provided in section 32 of this act shall have the right, within 60 days after the board of county commissioners has finally passed on such complaint, protest or objection by resolution as provided in subsection 3 of section 32 of this act, or by ordinance as provided in subsection 1 of section 35 of this act, to commence an action or suit in any court of competent jurisdiction to correct or set aside such determination; but thereafter all actions or suits attacking the validity of the proceedings and the existence of special benefits shall be perpetually barred.
Sec. 34. 1. After the hearing and after the board of county commissioners has:
(a) Disposed of all complaints, protests and objections, verbal and in writing; and
(b) Determined that there were not filed with the county clerk complaints, protests and objections in writing and signed by the owners of tracts constituting a majority of the assessed valuation, of the frontage, of the area, of the zone, or of the other basis (or combination thereof) for the computation of assessments, as stated in the provisional order, of the tracts to be assessed in the improvement district; and
(c) Jurisdiction to proceed,
the board shall determine whether to proceed with the improvement district.
2. If the board desires to proceed and desires any modification, by motion or resolution, it shall direct the engineer to prepare and present to the board:
(a) A revised and detailed estimate of the total cost, including without limiting the generality of the foregoing, the cost of the proposed street beautification project and incidental costs, which revised estimate shall not constitute a limitation for any purpose.
(b) Full and detailed plans and specifications for the proposed street beautification project designed to permit and encourage competition among the bidders, if the project is to be acquired by construction contract.
(c) A revised map and assessment plat showing respectively the location of the street beautification project and the tracts to be assessed therefor.
3. That resolution, a separate resolution or the ordinance creating the improvement district may combine or divide the proposed street beautification project into suitable construction units for the purpose of letting separate and independent contracts.
Sec. 35. 1. When an accurate estimate of costs, full and detailed plans and specifications and map are prepared, are presented and are satisfactory to the board of county commissioners, the board shall, by ordinance, create the district and order the proposed street beautification project to be acquired, improved, equipped, operated and maintained.
κ1969 Statutes of Nevada, Page 1032 (CHAPTER 559, AB 503)κ
ordinance, create the district and order the proposed street beautification project to be acquired, improved, equipped, operated and maintained.
2. The ordinance shall prescribe:
(a) The extent of the improvement district to be assessed, by boundaries or other brief description.
(b) The kind and location of the proposed street beautification project (without mentioning minor details).
(c) The amount or proportion of the total cost to be defrayed by assessments and the method of levying assessments.
(d) The character and extent of any construction units.
3. The engineer may further revise such cost, plans and specifications and map from time to time for all or any part of the street beautification project, and the ordinance may be appropriately amended prior to letting any construction contract therefor and prior to any work being done other than by independent contract let by the county.
4. The ordinance, as amended, if amended, shall order the work to be done as provided in sections 36 to 39, inclusive, of this act.
Sec. 36. 1. Any construction work for any street beautification project shall be done in any one or more of the following three ways:
(a) Be independent contract.
(b) By use of county owned or leased equipment and county officers, agents and employees.
(c) By another public body or the Federal Government acquiring or improving a street beautification project or any interest therein which is authorized in sections 2 to 75, inclusive, of this act, which results in general benefits to the county and in special benefits to the assessable property being assessed therefor by the county within its boundaries.
2. Notwithstanding a street beautification project authorized in sections 2 to 75, inclusive, of this act or any interest therein:
(a) May not be owned by a county nor be directly acquired or improved, nor the costs thereof directly incurred, by a county; and
(b) May be located on land, an easement or other interest therein, or other real property owned by the Federal Government or a public body other than the county,
the county shall have the power to:
(1) Acquire, improve, equip, operate and maintain, or to cooperate in the acquisition, improvement, equipment, operation and maintenance of the street beautification project, or any interest therein, with the Federal Government or any public body (other than the county), pursuant to agreement between or among the county and such other bodies corporate and politic, so long as the project or the interest therein acquired, improved, equipped, operated or maintained results in general benefits to the county and in special benefits to the assessable property being assessed therefor by the county within its boundaries.
(2) Levy special assessments on such assessable property to defray all or any part of the costs of the street beautification project or any interest therein, or to defray all or any part of the countys share of such costs if all costs are not being defrayed by the county.
(3) Issue bonds and to exercise other powers granted in sections 2 to 75, inclusive, of this act and appertaining to such acquisition, improvement, equipment, operation and maintenance.
κ1969 Statutes of Nevada, Page 1033 (CHAPTER 559, AB 503)κ
Sec. 37. 1. No contract for doing construction work for acquiring, improving or equipping the street beautification project contemplated shall be made or awarded, nor shall the board of county commissioners incur any expense or liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications and notices, until after the provisional order hearing and notice thereof have been given and had.
2. Nothing contained in this section shall be construed as preventing the board from advertising by publication for proposals for doing the work whenever the board sees fit, but the contract shall not be made or awarded before the time stated in subsection 1.
3. In the case of construction work done by independent contract for any street beautification project, or portion thereof, in any improvement district, the county shall conform to the provisions of the Local Government Purchasing Act.
4. Upon default in the performance of any contract, any designated officer, as directed by motion of the board, may advertise and relet the remainder of the work without further ordinance or resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise.
5. All contracts shall provide, among other things, that the person entering into the contract with the county will pay for all materials furnished and labor and services rendered for the performance of the contract, and that any person furnishing the materials or rendering the services may maintain an action to recover the same against the obligor in the undertaking as though the person were named therein.
6. If any contract or agreement is made in violation of the provisions of this section, it shall be voidable, and no action shall be maintained thereon by any party thereto against the county.
7. To the extent the county makes any payment thereunder, such contract or agreement shall be valid, and any such payment may be included in any cost defrayed by the levy of assessments, unless theretofore the county elects to void the contract or agreement in its entirety and to recover any such payment from the party to whom made.
8. The board of county commissioners, except as expressly limited in this section, may, in the letting of contracts, impose such conditions upon bidders with regard to bonds and securities, and such guaranties of good and faithful performance and completion of any work and the keeping of the same in repair, and providing for any further matter or thing in connection therewith, as may be considered by the board to be advantageous to the county and to all interested.
Sec. 38. 1. In the case of construction work done by the use of county owned or leased equipment and county officers, agents and employees for any street beautification project, or portion thereof, in any improvement district, supplies and materials may be purchased or otherwise acquired therefor.
2. All supplies and materials purchased by the county for any improvement district shall be purchased only in conformance with the Local Government Purchasing Act.
Sec. 39. 1. In the case of construction work done by agreement with one or more public bodies or the Federal Government, or both, for any street beautification project, or portion thereof, in any improvement district, the county may enter into and carry out any contract or establish or comply with the rules and regulations concerning labor and materials and other related matters in connection with any project or portion thereof as the county may deem desirable or as may be requested by the Federal Government or any public body other than the county, which other public body is a party to any such contract with the county, that may assist in the financing of any street beautification project or any part thereof, regardless of whether the county is a party to any construction contract or other contract appertaining to incurring costs of the street beautification project.
κ1969 Statutes of Nevada, Page 1034 (CHAPTER 559, AB 503)κ
street beautification project, or portion thereof, in any improvement district, the county may enter into and carry out any contract or establish or comply with the rules and regulations concerning labor and materials and other related matters in connection with any project or portion thereof as the county may deem desirable or as may be requested by the Federal Government or any public body other than the county, which other public body is a party to any such contract with the county, that may assist in the financing of any street beautification project or any part thereof, regardless of whether the county is a party to any construction contract or other contract appertaining to incurring costs of the street beautification project.
2. Any street beautification project, any portion of the cost of which may be defrayed by the county by the levy of special assessments pursuant to the provisions of sections 2 to 75, inclusive, of this act, may be acquired with the cooperation and assistance of, or under a contract or contracts let by, or with labor, or supplies and materials, or all of such furnished by, any one or more such public bodies or the Federal Government, or both.
3. Advantage may be taken of any offer from any source to complete any street beautification project on a division of expense or responsibility.
4. The engineer on behalf of and in the name of the county is authorized to acquire, improve, equip, operate or maintain any such project in such a manner, when so authorized by the ordinance creating the improvement district or any amendment thereto.
Sec. 40. After the provisional order hearing and at the time of the passage of the ordinance creating any improvement district and any street beautification project for the improvement district, or any amendment thereof, if any tract or any railway company to be assessed in the improvement district has the whole or any part of the proposed project, conforming to the general plan, the same may be adopted in whole or in part, or may be changed to conform to the general plan, if deemed practical, and the owner of such real property shall, when the assessment is made, be credited with the amount which is saved by reason of adapting or adopting such existing improvements.
Sec. 41. 1. For the purpose of paying any contractor or otherwise defraying any costs of the street beautification project as they become due from time to time until moneys are available therefor from the levy and collection of assessments and any issuance of bonds, the board of county commissioners may issue interim warrants.
2. Any interim warrants issued for any construction work:
(a) Shall be issued only upon estimates of the engineer.
(b) Shall bear such date or dates, shall mature in such denomination or denominations at such time or times, or at any time upon call, shall bear interest at a rate or rates not exceeding 7 percent per annum, and shall be payable in such medium or payment at such place or places within and without the state, including but not limited to the county treasurer, as the board may determine.
(c) May be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the board pledges the full faith and credit of the county, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board by ordinance.
κ1969 Statutes of Nevada, Page 1035 (CHAPTER 559, AB 503)κ
obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board by ordinance.
Sec. 42. 1. After the making of any construction contract, or after the determination of the net cost to the county, the board of county commissioners, at its first regular meeting in December, and at the same meeting in each year thereafter until the principal and interest on any bonds have been paid in full, shall determine the amount to be levied upon the property in the improvement district, apportioned upon the basis for assessments stated in the provisional order for the hearing on the street beautification project, which levy shall be sufficient to pay the annual interest on outstanding bonds and the principal thereof as the same may mature or be required to be paid, and all or any of the annual expenses of operating and maintaining the project as the board may determine to assess against benefited property.
2. At such meeting the board, by resolution, shall:
(a) Order the county assessor or other county officer to make out an assessment roll containing, among other things:
(1) The name of each last-known owner of each tract to be assessed, or if not known, that the name is unknown.
(2) A description of each tract to be assessed, and the amount of the proposed assessment thereon, apportioned upon the basis for assessments stated in the provisional order for the hearing on the project.
(b) Cause a copy of the resolution to be furnished by the county clerk to such officer.
3. If by mistake or otherwise any person is improperly designated in the assessment roll as the owner of any tract, or if the tract is assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated but shall, in all respects, be as valid upon and against such tract as though assessed in the name of the owner thereof; and when the assessment roll has been confirmed, such assessment shall become a lien on such tract and be collected as provided by law.
Sec. 43. 1. If the assessment is made upon the basis of frontage, the officer directed to prepare the assessment roll shall assess each tract with such relative portion of the whole amount to be levied as the length of front of such premises bears to the whole frontage of all the tracts to be assessed, and the frontage of all tracts to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by such officer.
2. If the assessment is directed to be according to another basis (or combination of bases), the officer directed to prepare the assessment roll shall assess upon each tract such relative portion of the whole sum to be levied as is proportionate to the benefits according to such basis.
Sec. 44. The board of county commissioners, shall determine what amount or part of every expense shall be charged as an assessment and the tracts upon which the same shall be levied; and as often as the board deems it expedient, it shall require all of the several tracts chargeable therewith respectively to be reported by the county clerk to the officer directed to prepare the assessment roll for assessment.
κ1969 Statutes of Nevada, Page 1036 (CHAPTER 559, AB 503)κ
therewith respectively to be reported by the county clerk to the officer directed to prepare the assessment roll for assessment.
Sec. 45. 1. The officer directed to prepare the assessment roll shall compute and enter in a separate column of the assessment roll the respective sums to be paid as an assessment on the property therein enumerated. When completed he shall report the assessment roll to the board of county commissioners.
2. When any assessment roll is reported to the board, as directed in this section, the assessment roll shall be filed in the office of the county clerk and numbered.
3. Such report shall be accompanied by a certificate endorsed on the assessment roll in substantially the following form:
(Form of Certificate)
|
STATE OF NEVADA
COUNTY OF................................ |
} |
ss. |
To the Board of County Commissioners of ................................. County, Nevada:
I hereby certify and report that the foregoing is the assessment roll and assessments made by me pursuant to your resolution adopted (give date), for the purpose of paying the principal and interest maturing on any bonds and that part of the cost of operation and maintenance of the street beautification project which you decided should be paid and borne by special assessments for .......................................... Improvement District No. ............; that in making such assessments, I have, as near as may be, and according to my best judgment, conformed in all things to the direction contained in your resolution hereinbefore referred to.
...........................................................
Dated ..............., Nevada, .............................. 19.....
Sec. 46. 1. Upon receiving the assessment roll, the board of county commissioners, by resolution, shall:
(a) Fix a time and place when and where complaints, protests and objections that may be made in writing or verbally concerning the assessment roll, by the owner of any tract or any person interested, may be heard.
(b) Order the county clerk to give notice of the hearing.
2. The county clerk shall give notice by publication and by mail of the time and place of such hearing, which notice shall also state:
(a) That the assessment roll is on file in his office.
(b) The date of filing the same.
(c) The time and place when and where the board will hear all complaints, protests and objections that may be made in writing or verbally to the assessment roll and to the proposed assessments by the persons thereby aggrieved.
(d) That any complaint, protest or objection to the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract, shall be deemed waived unless filed in writing with the county clerk at least 3 days prior to the assessment hearing.
κ1969 Statutes of Nevada, Page 1037 (CHAPTER 559, AB 503)κ
Sec. 47. 1. At the time and place so designated, the board of county commissioners shall hear and determine any written complaint, protest or objection, filed as provided in section 46 of this act, any verbal views expressed in respect to the proposed assessments, assessment roll or assessment procedure, and the board may adjourn the hearing from time to time.
2. The board, by resolution, shall have power, in its discretion, to revise, correct, confirm or set aside any assessment and to order that such assessment be made de novo.
Sec. 48. 1. After the assessment roll is in final form, the board of county commissioners by resolution or ordinance shall, by reference to such assessment roll as so modified, if modified, and as confirmed by such resolution or ordinance, levy the assessments in the roll.
2. Such decision, resolution or ordinance shall be a final determination of the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land.
3. Such determination by the board shall be conclusive upon the owners of the property assessed.
4. The roll, when endorsed by the county clerk as the roll designated in the assessment resolution or ordinance, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessments and the assessment roll.
Sec. 49. 1. Within the 15 days immediately succeeding the effective date of the assessment resolution or ordinance, any person who has filed a complaint, protest or objection in writing, as provided in section 46 of this act, shall have the right to commence an action or suit in any court of competent jurisdiction to correct or set aside such determination.
2. Thereafter all actions or suits attacking the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract, including, without limiting the generality of the foregoing, the defense of confiscation, shall be perpetually barred.
Sec. 50. 1. The county clerk shall forthwith and in any event not later than May 15 of each year certify a duplicate of the assessment roll to the county auditor, who shall adopt the assessment roll in its entirety without alteration or change as a part or unit of the tax rolls of the county.
2. The county treasurer shall separately itemize the items of such assessment roll on his statement of state and county taxes.
3. The assessments when levied and enrolled shall become due and delinquent at the same time and be subject to the same penalties and shall be collected by the same officers and in the same manner as state and county taxes.
4. The county auditor, district attorney, county clerk and county treasurer shall do and perform all acts necessary to accomplish the collection of the same with penalties, the sale for delinquency, the redemption of the lands involved, and the application of all proceeds to the payment of the principal and interest on the bonds and to the payment of that portion of the cost of operating and maintaining the project as the board of county commissioners has determined to defray from assessments.
κ1969 Statutes of Nevada, Page 1038 (CHAPTER 559, AB 503)κ
Sec. 51. 1. In addition to other remedies, any county may proceed with the collection or enforcement of any delinquent assessment by an action brought in the district court for the judicial district in which the county is located. It is not necessary to bring a separate suit for each piece or parcel of property delinquent; but all or any part of the property delinquent under any single assessment roll, or assessment district, may be proceeded against in the same action, and any or all of the owners or persons interested in any of the property may be joined as parties defendant in the action to foreclose, and any and all liens for delinquent assessments may be foreclosed in the proceedings.
2. The proceedings shall be tried before the court without a jury. In any such proceeding, it is sufficient to allege the passage of the ordinance for creating the district, the making of the improvement, the levying of assessments, the date of delinquency of the assessment, and that it was not wholly paid prior to the delinquency or at all. The assessment roll and assessment ordinance or resolution, or authenticated copies thereof, are prima facie evidence of the regularity and legality of the proceedings connected therewith, and the burden of proof is upon the defendants.
3. In any action where the owners or parties interested in any particular tract included in the suit suffer a default, the court may enter judgment of foreclosure and sale as to those parties property and order execution thereon, and the sale may proceed as to the remaining defendants and property. The judgment of the court shall specify separately the amount of the assessment, penalty and collection costs, including reasonable attorneys fees, chargeable to the several tracts in the proceedings. The judgment has the effect of a separate judgment, and any appeal shall not invalidate or delay it except as to property which is the subject of the appeal. Judgment may be entered as to any one or more tracts or parcels of land involved, and the court may retain jurisdiction of the case as to the balance.
4. All proceedings supplemental to the judgment, including appeal, period of redemption, sale, and the issuance of deed shall be conducted in accordance with the law relating to property sold upon foreclosure of mortgages or liens upon real property, except that there shall be no personal liability upon the defendants for any deficiency in the proceeds of such sale.
Sec. 52. 1. If any assessment is not promptly collected or enforced, then any bondholder may file and prosecute a foreclosure action in the name of the county. Any bondholder may also proceed against such county to protect and enforce the rights of the bondholders under sections 2 to 75, inclusive, of this act or under any ordinance or resolution required or permitted under sections 2 to 75, inclusive, of this act, by suit, action or special proceedings in equity or at law, either for the appointment of a receiver or for the specific performance of any provision contained in sections 2 to 75, inclusive, of this act or in such ordinance or resolution for the enforcement of any proper, legal or equitable remedy as such bondholder or bondholders may deem most effectual to protect and enforce such rights.
2. All such proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all holders of the bonds and coupons then outstanding. The failure of the bondholders so to foreclose such delinquent assessments, or so to proceed against the county, or both, shall not relieve the county or any of its officers, agents or employees of any liability for its failure so to foreclose such delinquent assessments.
κ1969 Statutes of Nevada, Page 1039 (CHAPTER 559, AB 503)κ
such delinquent assessments, or so to proceed against the county, or both, shall not relieve the county or any of its officers, agents or employees of any liability for its failure so to foreclose such delinquent assessments.
Sec. 53. 1. The payment of the amount so assessed, the interest thereon and any penalties and collection costs shall be secured by an assessment lien upon the tract assessed from the effective date of the assessment resolution or ordinance.
2. Each such lien upon each tract assessed shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
3. No statute of limitations shall begin to run against any assessment or the assessment lien to secure its payment until after the last installment of principal of any bonds becomes due.
Sec. 54. 1. Should any tract be divided after a special improvement district has been created and before the payment of all of the costs of the project or the principal and interest of any bonds, the board of county commissioners may require the county assessor to apportion the uncollected amounts upon the several parts of land so divided in an equitable manner.
2. The report of such apportionment, when approved, shall be conclusive on all the parties, and all assessments thereafter made upon such tracts shall be according to such subdivision.
Sec. 55. 1. Should any assessment prove insufficient to pay for the project or work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid from the general fund of the county.
2. If a greater amount has been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.
Sec. 56. 1. Whenever any assessment is, in the opinion of the board of county commissioners, invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction adjudges such assessments to be illegal, the board shall, whether the improvement has been made or not, or whether any parts of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made.
2. All the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment in sections 2 to 75, inclusive, of this act.
Sec. 57. Whenever any sum or part thereof levied upon any tracts in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment of the tracts.
Sec. 58. 1. Whenever by mistake, inadvertence or for any cause any tract otherwise subject to assessment, within any improvement district, has been omitted from the assessment roll for such project, the board of county commissioners may, upon its own motion or upon the application of the owner of any tract within such improvement district charged with the lien of an assessment for any project, assess the same in accordance with the special benefits accruing to such omitted property by reason of such project, and in proportion to the assessments levied upon other tracts in such improvement district.
κ1969 Statutes of Nevada, Page 1040 (CHAPTER 559, AB 503)κ
with the special benefits accruing to such omitted property by reason of such project, and in proportion to the assessments levied upon other tracts in such improvement district.
2. In any such case, the board shall first pass a resolution setting forth:
(a) That that certain tract therein described was omitted from such assessment; and
(b) Notifying all persons who desire to object thereto to appear at a meeting of the board at a time specified in such resolution and present their objection thereto; and
(c) Directing the engineer to report to the board at or prior to the date fixed for such hearing the amount which should be borne by each such tract so omitted.
The notice resolution shall be published and given by mail to the last-known owner or owners of each such tract.
3. At the conclusion of such hearing or any adjournment thereof, the board shall consider the matter as though the tract had been included upon the original roll, and may confirm the same or any portion thereof by ordinance or resolution.
4. Thereupon, the assessment or assessments on such roll of each omitted tract shall be collected, the payment of which shall be secured by an assessment lien, as are other assessments.
Sec. 59. 1. Whenever the board of county commissioners:
(a) Has made any contract for any street beautification project provided in sections 2 to 75, inclusive, of this act; or
(b) After the effective date of this act makes any assessment against any tract within any improvement district for any purpose authorized in sections 2 to 75, inclusive, of this act; and
(c) Has in making such contract or assessment acted in good faith and without fraud; or
(d) After the effective date of this act acts in good faith and without fraud,
the contract and assessment shall be valid and enforcible as such, and the assessment shall be a lien upon the tract upon which the same purports to be a lien.
2. It shall be no objection to the validity of such contract, assessment or lien that:
(a) The contract for such project was not awarded in the manner or at the time required by sections 2 to 75, inclusive, of this act, or otherwise.
(b) The assessment was made by an unauthorized officer or person, if it has been confirmed by the authorities of the county.
(c) The assessment is based upon an improper basis of benefits to the tract within such improvement district, unless it is made to appear that the county authorities acted fraudulently or oppressively in making such assessment.
Sec. 60. Whenever any assessment, or installment thereof, is paid, or any delinquency therefor is redeemed, or any judgment therefor is paid by any joint owner of any property assessed for any improvement, such joint owner may, after demand and refusal, by an action brought in the district court, recover from each of his coowners the respective amounts of such payment which each such coowner should bear, with interest thereon at 10 percent per annum from the date of such payments, and costs of the action.
κ1969 Statutes of Nevada, Page 1041 (CHAPTER 559, AB 503)κ
thereon at 10 percent per annum from the date of such payments, and costs of the action. The joint owner making such payment shall have a lien upon the undivided interest of his coowners in and to such property from the date of such payment.
Sec. 61. Whenever, through error or inadvertence, any person pays any assessment or installment thereof upon the lands of another, such payor may, after demand and refusal, by an action in the district court, recover from the owner of such lands the amount so paid and costs of the action.
Sec. 62. If in any action it appears that the assessment has not been properly made against the defendant or the tract sought to be charged, the court may nevertheless, on satisfactory proof that the expense has been incurred by the county which is a proper charge against the defendant or the tract in question, render judgment for the amount properly chargeable against such defendant or upon such tract.
Sec. 63. The board of county commissioners shall likewise have power to issue negotiable coupon bonds in an amount not exceeding that portion of the cost of any street beautification project which the board has determined to defray from special assessments.
Sec. 64. If any improvement district bonds, or any deed made pursuant to a foreclosure sale recites that the proceedings with reference to making any project have been regularly had in compliance with law, and that all prerequisites to the fixing of the assessment lien against the tract described therein have been performed, such recitals shall be conclusive evidence of the facts so recited.
Sec. 65. 1. Any bonds issued pursuant to sections 2 to 75, inclusive, of this act may be sold in such manner as may be approved by the board of county commissioners to defray the cost of the street beautification project, including all proper incidental expenses, but not including any operation and maintenance expenses.
2. Bonds shall first be offered at a public sale and if no satisfactory bid is then received, such bonds may be sold at private sale:
(a) For not less than the principal amount thereof and accrued interest thereon; or
(b) At the option of the board, below par at a discount not exceeding 6 percent of the principal amount thereof and at a price which will not result in a net interest cost to the county of more than 6 percent per annum computed to maturity according to standard tables of bond values if the maximum or any lesser amount of discount permitted by the board has been capitalized as a cost of the project.
3. The board may employ legal, fiscal, engineering and other expert services in connection with any street beautification project authorized in sections 2 to 75, inclusive, of this act and the authorization, issuance and sale of bonds.
4. 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.
5. Any unexpended balance of such bond proceeds remaining after the completion of the project for which such bonds were issued 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.
κ1969 Statutes of Nevada, Page 1042 (CHAPTER 559, AB 503)κ
the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
6. The validity of the bonds shall not be dependent on or affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
7. The purchase or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the county or any of its officers, agents and employees.
8. The board may enter into a contract to sell special assessment bonds at any time; but, any other provisions of sections 2 to 75, inclusive, of this act notwithstanding, if the board so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the board may terminate the contract to sell the bonds, if:
(a) Before awarding of the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project; and
(b) It has not elected to proceed under subsection 2 of section 36 of this act, but has elected to proceed under subsection 1 of section 36 of this act.
9. If the board ceases to have jurisdiction to proceed, because the owners of more than one-half of the assessed valuation to be assessed, or of such frontage, area, zone or other assessment basis (or combination thereof), file written complaints, protests and objections to the project, as provided in section 31 of this act, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.
Sec. 66. The assessments, when levied, shall be and remain a lien on the respective tracts of land assessed until paid, as provided in sections 2 to 75, inclusive, of this act, and, when collected, shall be placed in a special fund and as such:
1. Shall at all times constitute a sinking fund for and be deemed specially appropriated to the payment of the assessment bonds and interest thereon; and
2. Shall not be used for any other purpose until the bonds and interest thereon are fully paid.
Sec. 67. 1. If the special fund created by the proceeds of the assessments is insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid out of any assets in the general fund of the county, regardless of source, which are otherwise legally available therefor.
2. If the general fund is insufficient to pay any such deficiency promptly, the board of county commissioners shall levy, and it shall be its duty to levy, general (ad valorem) taxes upon all property in the county which is by law taxable for state, county and municipal purposes, without regard to any statutory tax limitation existing on or after the effective date of this act, 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 of Nevada.
3. Any such tax levy shall enjoy the same priority as provided by NRS 350.600 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 of Nevada.
κ1969 Statutes of Nevada, Page 1043 (CHAPTER 559, AB 503)κ
NRS 350.600 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 of Nevada.
Sec. 68. 1. Bonds issued pursuant to sections 2 to 75, inclusive, of this act shall not be a debt of the county, and the county shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payment. Assessment bonds shall not be payable out of any funds other than assessments, the general fund and general tax proceeds, as provided in sections 2 to 75, inclusive, of this act.
2. Each such bond issued under sections 2 to 75, inclusive, of this act shall recite in substance that such bonds and the interest thereon are payable solely from the assessments, the general fund and general tax proceeds pledged to the payment thereof.
3. The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the county, except for the assessments, the general fund and general tax proceeds pledged for the payment of bonds. No property of the county, subject to such exceptions, shall be liable to be forfeited or taken in payment of the bonds.
Sec. 69. 1. Any ordinance authorizing any bonds under sections 2 to 75, inclusive, of this act may provide that each bond therein authorized shall recite that it is issued under authority of sections 2 to 75, inclusive, of this act.
2. Such recital shall conclusively impart full compliance with all of the provisions of sections 2 to 75, inclusive, of this act, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
Sec. 70. Assessment bonds shall not bear interest at a rate or rates exceeding 6 percent per annum.
Sec. 71. 1. Any assessment bonds:
(a) Shall bear such date or dates;
(b) Shall mature in such denomination or denominations at such time or times, but in no event exceeding 20 years from their date;
(c) Shall bear such interest, which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;
(d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and
(e) At the option of the board of county commissioners, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed,
as provided by ordinance.
2. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon. The bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the board of county commissioners in the ordinance or ordinances authorizing the bonds, except as otherwise provided in sections 2 to 75, inclusive, of this act.
κ1969 Statutes of Nevada, Page 1044 (CHAPTER 559, AB 503)κ
terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the board of county commissioners in the ordinance or ordinances authorizing the bonds, except as otherwise provided in sections 2 to 75, inclusive, of this act.
3. Except for payment provisions expressly provided in sections 2 to 75, inclusive, of this act, the bonds shall be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code — Investment Securities.
4. Any bond shall be executed in the name of and on behalf of the county and signed by the chairman of the board of county commissioners, countersigned by the county treasurer, with the seal of the county affixed thereto and attested by the county clerk.
5. Except for such bonds as are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the county treasurer.
6. 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 authorized by sections 2 to 75, inclusive, of this act, but 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.
7. The county clerk may cause the seal of the county 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.
8. 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 county, notwithstanding that before the delivery thereof and payment therefor, any or all persons whose signatures appear thereon have ceased to fill their respective offices.
9. Any officer 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 if such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 72. Bonds issued, under sections 2 to 75, inclusive, of this act, their transfer and the income therefrom shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Sec. 73. 1. All cases in which there may arise a question of validity of any power granted in sections 2 to 75, inclusive, of this act or of any other provision of sections 2 to 75, inclusive, of this act shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment.
2. The courts shall be open at all times for the purposes of this section.
Sec. 74. In any case where a notice is provided for in sections 2 to 75, inclusive, of this act, if the board of county commissioners or court finds for any reason that due notice was not given, the board or court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or abated; but the board or court shall order due notice to be given and shall continue the hearing until such time as notice is properly given, and thereupon shall proceed as though notice had been properly given in the first instance.
κ1969 Statutes of Nevada, Page 1045 (CHAPTER 559, AB 503)κ
notice to be given and shall continue the hearing until such time as notice is properly given, and thereupon shall proceed as though notice had been properly given in the first instance.
Sec. 75. It shall be legal for the state and any of its agencies, departments or political subdivisions, or any other public body, to invest funds or moneys in the custody thereof in any of the bonds authorized to be issued pursuant to the provisions of sections 2 to 75, inclusive, of this act.
Sec. 76. This act shall become effective upon passage and approval.
________
Assembly Bill No. 713Committee on Government Affairs
CHAPTER 560
AN ACT to amend an act entitled An Act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line, extending from the Lundy generating plant of the Nevada-California power company, situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of such bonds, and other matters relating thereto, approved March 4, 1921, as amended.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 17 of the above-entitled act, being chapter 45, Statutes of Nevada 1921, as last amended by chapter 371, Statutes of Nevada 1963, at page 805, is hereby amended to read as follows:
Section 17. (a) The county commissioners of Mineral County shall constitute the board of managers. The board of managers shall employ as general manager of such system, and fix his compensation at not to exceed $1,000 per month, a qualified and competent person, but who must have had at least three years practical engineering experience with an electric utility, or as a general or assistant manager or superintendent of an existing public utility, who shall qualify as required by law, and give bond in the sum of not less than five thousand ($5,000) dollars for the faithful discharge of his duties, who shall have complete charge of and be liable to said board for his actions in connection with the operation of said system, and who shall devote his entire time thereto. He shall have charge of such system, and be responsible to such board for his actions in connection with the operation thereof. He shall devote all necessary time thereto, or such time as may be required by such board, and receive such compensation as may be fixed by said board in their order appointing and designating him as general manager of such system; provided, the board may also employ a technical adviser as consulting electrical engineer, and employ any other necessary employees, and fix their salary or compensation.
No person who holds a public office shall be permitted to occupy the position of general manager.
κ1969 Statutes of Nevada, Page 1046 (CHAPTER 560, AB 713)κ
position of general manager. In the event such general manager is nominated or appointed to public office he shall be immediately removed from the position of general manager and another appointed in his place.
(b) Said general manager, with the consent and approval of the board of managers, may employ such additional necessary employees as may from time to time be required, and fix their compensation; provided, that every employee who may be charged with the collection or handling of funds of such power system shall furnish bond prior to assuming the duties of his office, in the sum of not less than one thousand ($1,000) dollars, and qualify as required by law, and the bond of such general manager and other employees shall be approved by the board and be recorded and filed in the office of the county clerk.
(c) The general manager shall make a monthly report to the board of managers, with duplicate thereof to the county auditor, giving full details of all business transacted during the preceding month, including receipts and disbursements and matters pertinent thereto, and shall also render to said board an annual report on the first Monday of January of each year, showing the condition of said system, including its finances, in detail, and giving his recommendations for the ensuing year; he shall keep such books and records as may be required by law or by the board of managers, and as will show at all times the exact status of such utility, giving the cost of construction (including branches), maintenance, and operation, and all revenues, and the source from which derived, and the classified disbursements; he shall also make such annual reports on behalf of said board of managers to the Nevada public service commission, or their successors, as may be required, and copies thereof shall be annexed to his annual report made to such board of managers; he shall maintain the office of the said system in the court house at the county seat.
(d) The board of managers is hereby authorized and empowered to dismantle and salvage any portion of said system which may have been out of use for a period of six years or more.
(e) Neither the board of county commissioners acting as such or acting as the board of managers, or the general manager, shall have the power to sell, lease, trade, rent, or otherwise deal with any equipment, supplies, or property of any kind, character, or description, purchased, salvaged, or used for any purpose connected with the operation and maintenance of the Mineral County power system, without first having submitted the proposition to the electors of Mineral County at a special election called for that purpose; provided, however, that the board of county commissioners shall have the power to sell any items of machinery, material, or supplies that are no longer required or of use in the plant or the operation thereof by reason of being superfluous, worn not, obsolete, or defective, without an election, on amounts less than [$500.] $1,000. Nothing herein contained shall be construed to limit the sale of electrical energy and power as now provided by this act. The board of county commissioners, acting as the board of managers, are authorized to purchase equipment or supplies, not in excess of $1,000, without [advertising for] receiving bids, but shall advertise for bids for all such purchases in excess of [$1,000.] $2,500. If the value of the equipment or supplies to be purchased exceeds $1,000 but does not exceed $2,500, the board may advertise for bids or may informally request bids from at least three persons who are capable of furnishing such equipment or supplies.
κ1969 Statutes of Nevada, Page 1047 (CHAPTER 560, AB 713)κ
who are capable of furnishing such equipment or supplies. The board of county commissioners shall have the power to rent from any other owner any transmission lines, power lines, machinery, equipment, or property, for a term not exceeding two years. The rents and rentals or charges reserved in any such contract shall be paid from time to time as an expense of operation of the Mineral County power system. No such contract shall be made by the board of county commissioners unless notice of intention to decide on the same shall be published in a weekly newspaper published in the county for two consecutive insertions fixing a date for a public hearing thereon which shall not be less than 15 days from the first publication and which shall briefly describe the property to be rented, and the rental charge and specify from whom to be rented; provided, however, all such contracts under [$1,000] $2,500 may be entered into without publication as aforesaid.
(f) Any person violating the provisions of subsection (e) shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for not less than one year or more than five years. Upon conviction the office of such person shall become vacant.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 136Committee on Transportation
CHAPTER 561
AN ACT relating to driver training schools; providing additional qualification requirements for operators of such training schools; and providing other matters properly relating thereto.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.710 is hereby amended to read as follows:
483.710 [1.] An applicant for a license to operate a driver training school shall:
[(a)] 1. Be of good moral character.
[(b)] 2. Maintain an established place of business open to the public which is not within 200 feet of any building used by the department of motor vehicles as an office.
[(c)] 3. Have the equipment necessary to give proper instruction in the operation of motor vehicles.
[(d)] 4. Be 21 years of age or older.
[2. If the person applying for a license to operate a driver training school is the sole instructor, he shall:
(a) Hold an instructors certificate issued by the department; and
(b) Show proof that he has studied for at least 40 hours in the field of driving instruction, or that he has taken a training course offered to the public for instructing drivers instructors which is acceptable to the director of the department.]
κ1969 Statutes of Nevada, Page 1048 (CHAPTER 561, SB 136)κ
5. Hold a valid driving instructors certificate issued by the state department of education in accordance with regulations prescribed by the state board of education governing the qualifications of instructors in privately owned driver training schools.
Sec. 2. NRS 483.720 is hereby amended to read as follows:
483.720 An applicant for a license as an instructor for a driver training school shall:
1. Be of good moral character;
2. Pass such examination as the department of motor vehicles may require on traffic laws, safe driving practices and operation of motor vehicles;
3. Be physically able to operate a motor vehicle safely and train others in the operation of motor vehicles;
4. Hold a valid Nevada drivers license;
5. Be 21 years of age or older; and
6. [Hold an instructors certificate issued by the department; and
7. Show proof that he has studied for at least 40 hours in the field of driving instruction, or that he has taken a training course offered to the public for instructing drivers instructors which is acceptable to the director of the department.] Hold a valid driving instructors certificate issued by the state department of education in accordance with regulations prescribed by the state board of education governing the qualifications of instructors in privately owned driver training schools.
________
Senate Bill No. 209Senator Pozzi
CHAPTER 562
AN ACT relating to the registration of vehicles; authorizing the change of numbering and lettering systems used on license plates; and providing other matters properly relating thereto.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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.
κ1969 Statutes of Nevada, Page 1049 (CHAPTER 562, SB 209)κ
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:
(a) If issued for a calendar year, such year.
(b) If issued for a registration period other than a calendar year, the month and year such registration expires.
4. The registration numbers assigned to passenger cars shall be coded for Carson City and the several counties and consecutively numbered. The code letters shall be coded by counties and consecutively numbered. The code letters shall be at the left of the number plate, 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; Pershing, PE; Storey, ST; Washoe, W; White Pine, WP.]
Carson City, OR or ORA to ORZ, inclusive;
Churchill, CH or CHA to CHZ, inclusive;
Clark, C, or CA to CZ, inclusive, or CAA to CZZ, inclusive;
Douglas, DS or DSA to DSZ, inclusive;
Elko, EL or ELA to ELZ, inclusive;
Esmeralda, ES or ESA to ESZ, inclusive;
Eureka, EU or EUA to EUZ, inclusive;
Humboldt, HU or HUA to HUZ, inclusive;
Lander, LA or LAA to LAZ, inclusive;
Lincoln, LN or LNA to LNZ, inclusive;
Lyon, LY or LYA to LYZ, inclusive;
Mineral, MN or MNA to MNZ, inclusive;
Nye, NY or NYA to NYZ, inclusive;
Pershing, PE or PEA to PEZ, inclusive;
Storey, ST or STA to STZ, inclusive;
Washoe, W or WA to WZ, inclusive, or WAA to WZZ, inclusive; and
White Pine, WP or WPA to WPZ, inclusive.
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 [,] and 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 Carson City and 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.] The letters H, I, O, P, Q and U shall not be used as the second letter in Clark and Washoe counties.
5. The director shall first exhaust the code letters containing the fewest letters before assigning any additional letter.
κ1969 Statutes of Nevada, Page 1050 (CHAPTER 562, SB 209)κ
6. No number plates may contain more than six letters and numbers in combination.
7. All letters and numbers shall be of the same size.
8. The director may omit letters added to a single- or double-letter county code when appropriate to avoid misleading or offensive combinations.
Sec. 2. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 5, inclusive, of this act.
Sec. 3. 1. The director shall order the preparation of vehicle license plates for trucks in the same manner as provided for passenger cars in NRS 482.270.
2. The registration numbers assigned to trucks, after January 1, 1970, shall be coded for Carson City and the several counties and consecutively numbered. The code letters and numbers assigned shall be as follows:
Carson City, OA0001 to OZ9999, inclusive;
Churchill, AA0001 to AZ9999, inclusive;
Clark, CA0001 to CZ9999, inclusive, and BA0001 to BZ9999, inclusive;
Douglas, AD0001 to DZ9999, inclusive;
Elko, EA0001 to EZ9999, inclusive;
Esmeralda, FA0001 to FZ9999, inclusive;
Eureka, GA0001 to GZ9999, inclusive;
Humboldt, HA0001 to HZ9999, inclusive;
Lander, JA0001 to JZ9999, inclusive;
Lincoln, KA0001 to KZ9999, inclusive;
Lyon, LA0001 to LZ9999, inclusive;
Mineral, MA0001 to MZ9999, inclusive;
Nye, NA0001 to NZ9999, inclusive;
Pershing, PA0001 to PZ9999, inclusive;
Storey, SA0001 to SZ9999, inclusive;
Washoe, WA0001 to WZ9999, inclusive; and
White Pine, ZA0001 to ZZ9999, inclusive;
3. Any license plates issued for a truck prior to January 1, 1970, bearing a different designation than that provided for in this section, shall be valid during the period for which such plates were issued.
Sec. 4. 1. The director shall order the preparation of vehicle license plates for trailers in the same manner provided for passenger cars in NRS 482.270.
2. The registration numbers assigned to trailers, after January 1, 1970, shall be coded for Carson City and the several counties and consecutively numbered. The code letters and numbers assigned shall be as follows:
Carson City, O00001 to O99999, inclusive;
Churchill, A00001 to A99999, inclusive;
Clark, C00001 to C99999, inclusive, and B00001 to B99999, inclusive;
Douglas, D00001 to D99999, inclusive;
Elko, E00001 to E99999, inclusive;
Esmeralda, F00001 to F99999, inclusive;
κ1969 Statutes of Nevada, Page 1051 (CHAPTER 562, SB 209)κ
Eureka, G00001 to G99999, inclusive;
Humboldt, H00001 to H99999, inclusive;
Lander, J00001 to J99999, inclusive;
Lincoln, K00001 to K99999, inclusive;
Lyon, L00001 to L99999, inclusive;
Mineral, M00001 to M99999, inclusive;
Nye, N00001 to N99999, inclusive;
Pershing, P00001 to P99999, inclusive;
Storey, S00001 to S99999, inclusive;
Washoe, W00001 to W99999, inclusive; and
White Pine, Z00001 to Z99999, inclusive.
3. Any license plates issued for a trailer prior to January 1, 1970, bearing a different designation than that provided for in this section, shall be valid during the period for which such plates were issued.
Sec. 5. In providing the distinguishing plates to be issued pursuant to NRS 482.365, the director shall:
1. Select combinations of letters and numbers which are not confusingly similar to the combinations prescribed by NRS 482.270 and sections 3 and 4 of this act.
2. Employ letters and numbers of the same size as are used on license plates issued pursuant to NRS 482.270 and sections 3 and 4 of this act.
Sec. 6. This act shall become effective at 12:03 a.m. on July 1, 1969.
________
Senate Bill No. 362Committee on Judiciary
CHAPTER 563
AN ACT making various revisions in the law governing eminent domain proceedings.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 37.020 is hereby amended to read as follows:
37.020 [The following is a classification of the estates and rights in lands subject to be taken for public use:
1. A fee simple, when taken for public buildings or grounds, or for permanent buildings, for reservoirs and dams, and permanent flooding occasioned thereby, or for an outlet for a flow, or a place for the deposit of debris or tailings of a mine, smelter or other place for the reduction of ores.
2. An easement, when taken for any other use.]
1. The fee simple or lesser estate in real property, and any other property, are subject to be taken for public use from the owners thereof.
2. The right to take property under this chapter includes the right to acquire and take the fee to the whole of a particular parcel of land whenever the acquisition of the portion thereof actually needed would leave the remainder of such parcel in such irregular shape, uneconomical size, utility or condition as to be of little value or would give rise to claims or litigation concerning damages which, when added to the compensation for the portion taken, would equal or exceed the value of the parcel as a whole.
κ1969 Statutes of Nevada, Page 1052 (CHAPTER 563, SB 362)κ
leave the remainder of such parcel in such irregular shape, uneconomical size, utility or condition as to be of little value or would give rise to claims or litigation concerning damages which, when added to the compensation for the portion taken, would equal or exceed the value of the parcel as a whole.
Sec. 2. Chapter 37 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. All real property, interests therein or improvements thereon acquired before or after the effective date of this act in accordance with the provisions of this chapter or before or after the effective date of this act purchased under the threat of eminent domain proceedings as in this chapter authorized shall be disposed of in accordance with the provisions of this section, when the governing body of the corporation, association, commission or person in whose name the same was acquired or is held at the time of such disposition shall by resolution declare that such property is no longer required for the purposes for which the same was acquired or for other reasonable public use.
2. All such property, interests or improvements shall be sold by the corporation, association, commission or person disposing of the same to the highest bidder bidding for such property either at public auction or by sealed bids, the notice of which and terms of which shall be published in a newspaper of general circulation in the county where such property is situated at least once not less than 15 nor more than 45 days prior to such sale. When, in the opinion of the governing body of such corporation, association, commission or person, such property cannot be sold by means of public auction or sealed bids without working an undue hardship upon a property owner either as a result of a severance of the property of such owner or a denial of access to a public street or highway, such governing body may first offer such property to such owner at a price determined by such governing body to be in the best interest of such corporation, association, commission or person.
3. It shall be conclusively presumed in favor of any purchaser for value and without notice of any such real property, interest therein or improvement thereon conveyed pursuant to this section that the corporation, association, commission or person disposing of the same acted within its lawful authority in acquiring and disposing of such property, and that the officers thereof acted within their lawful authority in executing any conveyance vesting title in such purchaser. All such conveyances shall be quitclaim in nature and shall not carry any warranty of title.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 1053κ
Senate Bill No. 462Committee on Transportation
CHAPTER 564
AN ACT relating to the public service commission of Nevada; providing for new temporary licenses for certain motor carriers; and providing other matters properly relating thereto.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.580 is hereby amended to read as follows:
706.580 1. A nonresident owner or operator of a vehicle coming within the provision of NRS 706.010 to 706.700, inclusive, except [motor convoy carriers,] operators of driveaway-towaway convoy vehicles, shall have the option, in lieu of causing such vehicle to be licensed under NRS 706.010 to 706.700, inclusive, and paying the annual license fees, of applying for a [one-trip] 48-hour temporary license to be issued forthwith upon payment of a fee equal to 5 percent of the [annual] license fee [;] provided in NRS 706.540, rounded off to the nearest dollar; but the minimum fee for such [one-trip] 48-hour temporary license shall not be less than [$3] $6 nor more than $30 per vehicle or combination of vehicles.
2. [One-trip licenses] A 48-hour temporary license shall authorize operation over the public highways of this state for a period of not more than [96] 48 consecutive hours. [and shall permit one, but not more than one, round trip into or across the State of Nevada.
3. All such one trip licenses shall be evidenced by stickers which shall be displayed on the windshield of the vehicle or otherwise, as specified by the department.
4.] 3. Any person electing to pay license fees exclusively on a one-trip license basis, upon first entering this state, and annually on or before January 1 of each year, [thereafter,] shall make application to the commission for permission to pay license fees on such basis. The application shall include a list of all vehicles to be operated pursuant to this section and be accompanied by such proof of the status of the applicants operation and such other information as the commission may require. Upon receipt of the application and all supporting data which the commission may require, the commission shall approve the application and transmit the same to the department for issuance of [an appropriate form of license] cab cards setting forth that the licensee has elected to pay license fees on a trip basis.
[5.] A cab card shall be issued for each vehicle listed in the application. A fee of $2 shall be charged for each cab card.
4. Upon request, the department shall allow credit for such licenses purchased if the applicant applies to the department and is licensed under the provisions of NRS 706.530, 706.540 or 706.550 or subsection 3 of NRS 706.670 within 60 days after the purchase of the first such license within a licensing year. Such application shall be deemed received on the date shown by the post office cancellation mark stamped on the envelope containing such application properly addressed to the department, if such date is earlier than the date of actual receipt of the application.
κ1969 Statutes of Nevada, Page 1054 (CHAPTER 564, SB 462)κ
5. Every person electing to pay license fees on a [one-trip] 48-hour temporary license basis shall keep a written record of every trip made into or through this state, and each 48-hour temporary license purchased, which record shall be open to inspection by an agent or employee of the commission or the department. The commission and the department may require any such person to submit such periodic reports and supporting data as they may deem necessary with respect to trips made into or through this state.
6. The commission may revoke the authority to license and the department may revoke the license of or refuse to issue a license to any person who fails or refuses to comply with the provisions of this section.
7. The commission and the department, separately or collectively, are authorized to adopt, amend and repeal such regulations and to institute such safeguards to insure payment of license fees as in their judgment are necessary to the proper enforcement of the provisions of this section.
Sec. 2. NRS 706.590 is hereby amended to read as follows:
706.590 1. A resident owner or operator dealing in the business of moving houses or parts of houses while in a constructed or partially constructed state shall have the option, in lieu of causing such towing house-moving vehicles as he may use in his business of house moving to be licensed under NRS 706.010 to 706.700, inclusive, and paying the annual license fees, of applying for a [one-trip] 48-hour temporary license to be issued forthwith upon payment of a fee equal to 5 percent of the annual license fee.
2. [One-trip licenses] A 48-hour temporary license shall authorize operation over the public highways of this state for a period of not more than 48 consecutive hours.
3. All such [one-trip] 48-hour temporary licenses shall be evidenced by stickers, which shall be displayed on the windshield of the vehicle or otherwise, as specified by the department under such rules and regulations as may be promulgated by the department.
4. Every person electing to pay license fees on a 48-hour temporary license basis shall keep a written record of every trip made into or through this state, and each 48-hour temporary license so purchased, which record shall be open to inspection by any agent or employee of the commission or the department. The department may require any such person to submit such periodic reports and supporting data as it may deem necessary with respect to trips made into or through this state.
Sec. 3. NRS 706.595 is hereby amended to read as follows:
706.595 1. Where a person makes application to use both the mileage method and the [one-trip] 48-hour temporary license method of paying license fees, or the mileage method only, and such person does not qualify, or is not authorized by the department, for a mileage license or fails to purchase a [one-trip] 48-hour temporary license, a [one-trip] 48-hour temporary license fee shall be imposed against such person pursuant to the provisions of NRS 706.580, but the aggregate fee thus assessed against any one vehicle in any 1 year shall not exceed the cost of prorated annual licensing pursuant to the provisions of NRS 706.520.
κ1969 Statutes of Nevada, Page 1055 (CHAPTER 564, SB 462)κ
2. Where a person makes application to use only the [one-trip] 48-hour temporary license method of paying license fees and fails to purchase a [one-trip] 48-hour temporary license, a [one-trip] 48-hour temporary license fee shall be imposed pursuant to the provisions of NRS 706.580.
Sec. 4. NRS 706.835 is hereby amended to read as follows:
706.835 1. The owner or operator of a vehicle coming within the provisions of the Interstate Highway User Fee Apportionment Act may, in lieu of registering such vehicle pursuant to the provisions of NRS 706.800 to 706.830, inclusive, apply for and obtain a [one-trip] 48-hour temporary registration upon payment of a fee of $2.50, which fee shall be in lieu of all other fees and service charges due pursuant to the provisions of NRS [706.710] 706.730 to 706.860, inclusive.
2. [One-trip registrations authorize] A 48-hour temporary registration authorizes operation over the public highways of this state for a period of not more than [96] 48 consecutive hours. [, and permit one, but not more than one, round trip into or across the State of Nevada.]
3. [If the owner or operator of a vehicle subject to registration pursuant to the provisions of NRS 706.730 to 706.860, inclusive, elects to use the one-trip registration option, such registration shall be obtained through prior arrangement with the department or at the nearest port of entry, highway patrol station or vendor station after entry into the state. If such prior arrangement or direct payment is not made, such vehicles shall be treated as parts of fleets pursuant to the provisions of NRS 706.730 to 706.860, inclusive.
4.] Any person exercising this option shall purchase the license at the first available vendor upon entry into the State of Nevada. Owners or operators of a vehicle obtaining a 48-hour temporary registration from a vendor shall be considered as having elected this option for this vehicle by virtue of the purchase. Any trip made for which a 48-hour temporary registration was not purchased shall be billed for such 48-hour temporary registration on an audit unless the vehicles have since been licensed during the current registration period under NRS 706.780 to 706.860, inclusive.
4. Every person electing to pay fees on a 48-hour temporary registration basis shall keep a written record of every trip made into or through this state and each 48-hour temporary registration so purchased, which record shall be open to inspection by any agent or employee of the commission or the department. The commission and the department may require any such person to submit such periodic reports and supporting data as they may deem necessary with respect to trips made into or through this state.
5. Upon request, the department shall allow credit for such licenses purchased provided the applicant applies to the department and prorates his vehicle registration within 60 days after the purchase of the first such license within a licensing year. Such application shall be considered received on the date shown by the post office cancellation mark stamped on the envelope containing such application properly addressed to the department.
κ1969 Statutes of Nevada, Page 1056 (CHAPTER 564, SB 462)κ
6. The provisions of this section do not apply to interchange trailers if such interchange trailers are entitled to operate without payment of additional fees according to the rules and regulations of the department.
Sec. 5. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Where credit is allowed against any subsequent fee or tax for a license or registration fee paid pursuant to NRS 706.560, 706.580 or 706.835 to a vendor appointed pursuant to NRS 481.051, the amount of any fee paid by the department to the vendor for issuing the license or registration shall be deducted from the credit.
Sec. 6. Chapter 366 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Where credit is allowed against any subsequent license fee or tax for a license fee paid pursuant to NRS 366.220 to a vendor appointed pursuant to NRS 481.051, the amount of any fee paid by the department to the vendor for issuing the license shall be deducted from the credit.
________
Senate Bill No. 523Committee on Legislative Functions
CHAPTER 565
AN ACT relating to officers and employees of the legislature; increasing rates of daily compensation of such officers and employees; and providing other matters properly relating thereto.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.230 is hereby amended to read as follows:
218.230 There shall be paid to the several officers and employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each days employment and no more:
Senate
Assistant secretary.................................................................... [$25] $30
Clerks........................................................................................... [12] 15
Committee stenographer........................................................... [22] 25
History clerk................................................................................ [22] 25
Journal clerk................................................................................ [22] 25
Minute clerk................................................................................ [22] 25
Page.............................................................................................. [12] 15
Secretary...................................................................................... ....... 40
Sergeant-at-arms........................................................................ [20] 25
Stenographers............................................................................ [18] 22
Supervisor................................................................................... [16] 20 Assembly
κ1969 Statutes of Nevada, Page 1057 (CHAPTER 565, SB 523)κ
Assembly
Assistant chief clerk.................................................................. [$25] $30
Assistant sergeant-at-arms...................................................... ....... 18
Chief clerk.................................................................................... ....... 40
Clerks........................................................................................... [12] 15
Committee stenographer........................................................... [22] 25
History clerk................................................................................ [22] 25
Journal clerk................................................................................ [22] 25
Minute clerk................................................................................ [22] 25
Pages............................................................................................ [12] 15
Sergeant-at-arms........................................................................ [20] 25
Stenographers............................................................................ [18] 22
Supervisor................................................................................... ....... 22
Supply clerk................................................................................ [14] 17
Typists......................................................................................... [14] 17
Sec. 2. This act shall become effective on the day following adjournment sine die of the 55th session of the Nevada legislature.
________
Assembly Bill No. 128Committee on Transportation
CHAPTER 566
AN ACT relating to government contracts; permitting the state and local governments to let contracts to carriers without advertising or requesting bids; and providing other matters properly relating thereto.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 332 of NRS is hereby amended by adding the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Nothing in this chapter prohibits a governing body from contracting for interstate or intrastate carriage of persons or property with a certificated common or contract carrier at the rates set forth in the officially approved tariff of such carrier.
2. Nothing in this section prohibits a governing body from soliciting informal rate quotations.
Sec. 3. 1. Nothing in this chapter prohibits the chief or a using agency from contracting for interstate or intrastate carriage of persons or property with a certificated common or contract carrier at the rates set forth in the officially approved tariff of such carrier.
2. Nothing in this section prohibits the chief or a using agency from soliciting informal rate quotations.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 1058κ
Assembly Bill No. 138Messrs. Smith, Swallow, Lowman, Espinoza and Reid
CHAPTER 567
AN ACT relating to library purchases; permitting certain purchases without advertising; permitting term subscriptions; and providing other matters properly relating thereto.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 332 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The purchase of books and library materials for public libraries and school districts in an amount exceeding $1,000 may be let on a contract, by subscription or otherwise, without advertising if requests for informal bids have been submitted to and such bids have been received from at least three persons who are capable of performing the contract.
2. The contract price for the purchase of such books or library materials by subscription may be paid in advance of the receipt of such books or materials.
Sec. 2. NRS 333.280 is hereby amended to read as follows:
333.280 1. The chief shall have power to let contracts, by advertising therefor in the manner provided for by law, for the furnishing of supplies, materials and equipment for a period of not more than 1 year, on a standard form of contract [.] , except that contracts may be let for more than 1 year for the purchase of books or library materials for the Nevada state library, or public libraries or school districts electing to use the facilities of the purchasing division, on a subscription basis without advertising if requests for informal bids have been submitted to and such bids have been received from at least two persons who are capable of performing the contract or if such books or library materials may only be purchased from a single source.
2. The contract price for the purchase of such books or library materials by subscription may be paid in advance of the receipt of such books or materials.
Sec. 3. Chapter 380 is hereby amended by adding thereto a new section which shall read as follows:
The price for the purchase of books or library materials by subscription may be paid in advance of the receipt of such books or materials.
________
κ1969 Statutes of Nevada, Page 1059κ
Assembly Bill No. 404Mr. Reid
CHAPTER 568
AN ACT relating to motor vehicle liability insurance; providing procedures and definitions with respect to uninsured motorist coverage; and providing other matters properly relating thereto.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 693.115 is hereby amended to read as follows:
693.115 1. No automobile liability or motor vehicle liability policy insuring against loss resulting from liability imposed for bodily injury or death may be delivered or issued for delivery in this state unless coverage is provided or supplemental to such policy for the protection of persons insured under such policy who are legally entitled to recover damages from owners or operators of uninsured motor vehicles.
2. Such coverage shall be in limits for bodily injury or death as set forth in NRS 485.210.
3. The named insured may, in writing, reject such coverage, and such coverage need not be provided in or supplemental to a renewal policy where the named insured has rejected such coverage in connection with a policy previously issued to him by the same insurer, unless the named insured makes written request therefor.
4. No provision for arbitration contained in an automobile liability or motor vehicle liability policy delivered, issued for delivery or renewed in this state after August 18, 1967, is binding upon the named insured or any person claiming under him.
5. No judgment in any action between the named insured or any person claiming under him and the owner or operator of an uninsured motor vehicle is binding upon the insurer with respect to the existence or amount of any liability under the coverage required by this section.
6. As used in this section, uninsured motor vehicle means a motor vehicle:
(a) With respect to the ownership, maintenance or use of which there is no bodily injury liability insurance or bond applicable at the time of the accident, or, to the extent of such deficiency, any bodily injury liability insurance or bond in force is less than the amount required by NRS 485.210;
(b) With respect to the ownership, maintenance or use of which the company writing any applicable bodily injury liability insurance or bond denies coverage or is insolvent;
(c) Used without the permission of its owner if there is no bodily injury liability insurance or bond applicable to the operator; or
(d) The owner or operator of which is unknown if:
(1) The bodily injury or death has resulted from physical contact of such automobile with the named insured or the person claiming under him or with an automobile which the named insured or such person is occupying;
(2) The named insured or someone on his behalf has reported the accident within the time required by NRS 484.010 to 484.025, inclusive, to the police department of the city where it occurred, or if it occurred in an unincorporated area, to the sheriff of the county or to the Nevada highway patrol; and
κ1969 Statutes of Nevada, Page 1060 (CHAPTER 568, AB 404)κ
to the police department of the city where it occurred, or if it occurred in an unincorporated area, to the sheriff of the county or to the Nevada highway patrol; and
(3) The claim is reported to the insurer within 30 days.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 466Committee on Health and Welfare
CHAPTER 569
AN ACT relating to the mentally ill; providing administrative procedures for the Southern Nevada comprehensive mental health center; including the mental health center in established commitment procedures; placing the chief administrative officer of the mental health center in the classified service of the state; and providing other matters properly relating thereto.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.
Sec. 2. As used in NRS 433.015 to 433.640, inclusive, and sections 2 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 3. Chief means the chief administrative officer of the Southern Nevada comprehensive mental health center.
Sec. 4. Director means the medical director of the Southern Nevada comprehensive mental health center.
Sec. 4.5. Division means the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation.
Sec. 5. Hospital means the Nevada state hospital.
Sec. 6. Mental health center means the Southern Nevada comprehensive mental health center.
Sec. 7. Superintendent means the superintendent and medical director of the Nevada state hospital.
Sec. 8. 1. The chief shall be selected on the basis of his training, experience, capacity and interest in the care of mentally ill persons, and in the administration of mental facilities.
2. The chief shall be in the classified service of the state pursuant to the provisions of chapter 284 of NRS.
3. The chief shall receive the per diem expense allowance and travel expenses fixed by law.
Sec. 9. The chief shall devote his entire time to the duties of his position and shall follow no other gainful employment, but he may attend seminars, act as a consultant and give lectures relating to his profession and accept appropriate stipends for such seminars, consultations and lectures.
κ1969 Statutes of Nevada, Page 1061 (CHAPTER 569, AB 466)κ
Sec. 10. Before entering upon the duties of his office, the chief shall execute and deliver a surety bond, in such form as may be prescribed by law, payable to the State of Nevada, in the sum of $10,000, and conditioned for the faithful performance of all duties which may be required of him.
Sec. 11. The chief is the executive and administrative head of the mental health center, and shall:
1. Exercise general supervision of, and make and revise rules and regulations for, the government of the mental health center.
2. Be responsible for and supervise the fiscal affairs and responsibilities of the mental health center.
3. Make reports to the administrator of the division, and supply the administrator with material on which to base proposed legislation.
4. 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. Inform the public in regard to the activities and operation of the mental health center.
6. Invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 433.015 to 433.640, inclusive, and sections 2 to 16, inclusive, of this act.
7. Submit a biennial report to the administrator of the division on the condition, operation and functioning of the mental health center, and anticipated needs of the mental health center.
Sec. 12. The director is the medical and clinical head of the mental health center and:
1. Shall be a physician licensed to practice medicine as provided by law.
2. Shall be compensated by an annual salary in the amount specified in NRS 281.115, and shall receive the per diem expense allowance and travel expenses fixed by law.
3. Shall cause to be kept a fair and full account of all medical affairs.
4. Shall have standard medical histories currently maintained on all patients, and administer or have administered the accepted and appropriate treatments to all patients under his care.
5. Shall undertake any diagnostic, medical or surgical procedure in the interest of the patient, and 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 physicians and surgeons licensed to practice in this state.
6. May be a physician in private practice under contract to the division.
Sec. 13. The chief shall appoint such medical, technical, clerical and operational staff as the execution of his duties, the care of the patients and the operation and maintenance of the hospital may require. Such appointments shall be made in accordance with the provisions of chapter 284 of NRS.
Sec. 14. The mental health center revolving fund in the sum of $5,000 is hereby created, and may be used for the payment of mental health center bills requiring immediate payment, and for no other purposes.
κ1969 Statutes of Nevada, Page 1062 (CHAPTER 569, AB 466)κ
health center bills requiring immediate payment, and for no other purposes. The chief shall deposit the revolving fund in one or more banks of reputable standing. Payments made from the mental health center revolving fund shall be promptly reimbursed from appropriate funds of the mental health center on claims as other claims against the state are paid.
Sec. 15. 1. The chief is authorized to accept gifts or bequests of money or property to the mental health center.
2. Monetary gifts or bequests shall be deposited in the state treasury in a fund to be known as the mental health center 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 mental health center 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 chief before they are paid.
Sec. 16. 1. When it appears to the director that a patient committed to the mental health center cannot be benefited by further treatment and maintenance at the mental health center but for the benefit and protection of the patient additional hospitalization is necessary, such patient may be transferred to the hospital.
2. The administrator of the division shall establish regulations under which a person who has been committed to any facility within the division may be transferred to other facilities, either public or private.
Sec. 17. NRS 433.015 is hereby amended to read as follows:
433.015 The provisions of NRS [433.010] 433.015 to 433.640, inclusive, and sections 2 to 16, inclusive, of this act, when related to the hospital, shall be administered by the superintendent [,] or, when related to the mental health center, shall be administered by the chief, subject to administrative supervision by the administrator of the division.
Sec. 18. NRS 433.020 is hereby amended to read as follows:
433.020 1. That certain institution heretofore established and maintained for the care of the mentally ill of the state shall be known [and called] as the Nevada state hospital. [, and the]
2. That public institution constructed in Clark County and maintained for the care of the mentally ill shall be known as the Southern Nevada comprehensive mental health center.
3. 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 [,] or the Southern Nevada comprehensive mental health center, and all processes and proceedings relating to the mentally ill of the state shall be conducted in [that name.] either of those names.
4. Nothing in this section precludes the commitment of a mentally ill person to a private institution where such commitment is authorized by law.
Sec. 19. NRS 433.030 is hereby amended to read as follows:
433.030 In determining residence for the purpose of NRS [433.010] 433.015 to 433.640, inclusive, and sections 2 to 16, inclusive, of this act, a person who has lived continuously in this state for a period of 1 year, and who has not thereafter acquired a residence in another state, or abandoned his residence in this state or has not been absent from this state after acquiring such residence in this state for more than 1 year, shall be deemed to be a resident of this state.
κ1969 Statutes of Nevada, Page 1063 (CHAPTER 569, AB 466)κ
a person who has lived continuously in this state for a period of 1 year, and who has not thereafter acquired a residence in another state, or abandoned his residence in this state or has not been absent from this state after acquiring such residence in this state for more than 1 year, shall be deemed to be a resident of this state. Time spent in a public institution or on parole therefrom, or as a parolee from an institution in another state, shall not be counted in determining the matter of residence in this state.
Sec. 20. NRS 433.040 is hereby amended to read as follows:
433.040 Nothing in NRS [433.010] 433.015 to 433.640, inclusive, and sections 2 to 16, inclusive, of this act shall limit the right of any person admitted to the hospital or the mental health center pursuant to NRS [433.010] 433.015 to 433.640, inclusive, and sections 2 to 16, inclusive of this act to a writ of habeas corpus upon a proper application made at any time by such person or a relative or friend on his behalf.
Sec. 21. 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 administrator of the 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] 433.015 to 433.640, inclusive [.] and sections 2 to 16, inclusive, of this act.
7. To cause to be kept a fair and full account of all medical affairs.
8. To perform neurological and psychiatric examinations 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 division on the condition, operation and functioning of the hospital, and anticipated needs of the hospital.
κ1969 Statutes of Nevada, Page 1064 (CHAPTER 569, AB 466)κ
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.
13. To lease, with the consent of the administrator of the 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. 22. NRS 433.123 is hereby amended to read as follows:
433.123 For the purpose of restricting the use or disclosure of any information concerning patients in the mental health center or the hospital, the superintendent or chief, as the case may be, shall establish and enforce reasonable regulations governing the custody, use and preservation of all records, files and communications on file at the mental health center or the hospital.
Sec. 23. NRS 433.125 is hereby amended to read as follows:
433.125 The superintendent may designate an employee or employees of the hospital and the chief may designate an employee or employees of the mental health center to act as his deputy or deputies. In case of the absence of the superintendent or chief or [his] the inability of the superintendent or chief for any cause to discharge the duties of his office in payment of claims, such duties shall devolve upon his deputy or deputies.
Sec. 24. NRS 433.135 is hereby amended to read as follows:
433.135 1. If the superintendent finds that it is necessary or desirable that any employee reside at the hospital [,] or the chief finds that such is necessary or desirable at the mental health center, perquisites granted to such persons or charges for services rendered to such persons shall be at the discretion of the governor.
2. The governor shall notify each regular session of the legislature of the existing charges and perquisites.
Sec. 25. NRS 433.140 is hereby amended to read as follows:
433.140 1. One or more physicians shall be employed [.] for the hospital and for the mental health center. They shall hold degrees of doctor of medicine from accredited 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 physicians shall perform such duties pertaining to the care and treatment of patients [at the hospital] as may be required by the superintendent [.] if the physicians are employed at the hospital, or the director, if they are employed at the mental health center.
κ1969 Statutes of Nevada, Page 1065 (CHAPTER 569, AB 466)κ
Sec. 26. 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:
(a) Hospital, excluding the superintendent, shall not exceed six.
(b) Mental health center, excluding the director, shall not exceed five.
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. 27. (Deleted by amendment.)
Sec. 28. NRS 433.170 is hereby amended to read as follows:
433.170 No employee of the hospital or the mental health center shall be required to work and labor more than 8 hours in 1 day, or more than 48 hours in 1 week.
Sec. 29. NRS 433.180 is hereby amended to read as follows:
433.180 Funds to carry out the provisions of NRS [433.010] 433.015 to 433.640, inclusive, and sections 2 to 16, inclusive, of this act shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid. All claims relating to the hospital shall be approved by the superintendent and all claims relating to the mental health center shall be approved by the chief before they are paid.
Sec. 30. NRS 433.230 is hereby amended to read as follows:
433.230 1. Committed persons receiving income aggregating $500 or more annually shall have guardians appointed either by the committing court or by the district court of the county wherein the hospital or mental health center is located, on the application of any interested person, or, in the case of indigents, on the application of the district attorney of the county wherein the hospital or mental health center is located.
2. In approving guardians, preference shall be given to responsible relatives in the first and second degrees of consanguinity, provided that they are residents of the State of Nevada.
Sec. 31. 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] 433.015 to 433.640, inclusive, and sections 2 to 16, inclusive, of this act 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 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.
κ1969 Statutes of Nevada, Page 1066 (CHAPTER 569, AB 466)κ
witnesses in the courts of the State of Nevada, and such fees and mileage shall be paid out of county funds.
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. 32. 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 or the mental health center, whichever is geographically convenient, 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 or the mental health center unless there has been first filed with the court a written report of the superintendent, if such person was committed to the hospital, or of the director, if such person was committed to the mental health center, 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, if such person is ordered committed to the hospital, or with the director, if such person is ordered committed to the mental health center, 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 or director may discharge any patient committed under subsection 1 of this section at any time if, in the opinion of the superintendent [:] or director:
(a) Discharge would be in the best interest of the patient; or
(b) The patient has achieved maximum benefit from hospitalization.
Sec. 33. 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, who shall convey such person to the hospital [.] or mental health center.
2. No female mentally ill person may be conveyed to the hospital or mental health center without at least one female attendant or a relative in the first degree being in attendance.
Sec. 34. 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, if such persons are committed to the hospital, or the chief, if such persons are committed to the mental health center, and shall be payable monthly in advance.
κ1969 Statutes of Nevada, Page 1067 (CHAPTER 569, AB 466)κ
advance. In determining the rate to be charged the superintendent or the chief 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 or mental health center 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 or chief 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 or chief may be appealed to and reviewed by the administrator of the division. After review, the administrator may modify the determination of the superintendent [.] or chief.
6. Costs of clothing, personal needs, medical, surgical and related services which have to be purchased outside of the hospital or mental health center 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 [.] or mental health center.
Sec. 35. NRS 433.420 is hereby amended to read as follows:
433.420 1. The superintendent or chief, as the case may be, may enter into special agreements secured by properly executed bonds with the relatives, guardians or friends of committed persons for subsistence, care or other expenses [at the hospital.] of such committed persons. Each agreement and bond shall be to the State of Nevada and any action to enforce the same may be brought by the superintendent [.] or chief.
2. Financially responsible relatives and the guardian of the estate of a committed person may, from time to time, pay moneys to the hospital or mental health center for the future personal needs of the committed person and for his burial expenses. Sums so paid shall be credited to the patients personal deposit fund.
Sec. 36. NRS 433.430 is hereby amended to read as follows:
433.430 Moneys received by the superintendent or chief for the care, maintenance and treatment of committed persons shall be paid to the state treasurer to be credited to the general fund for the use of the hospital [.] or mental health center, as the case may be. The superintendent may include in the budget for the hospital and the chief may include in the budget for the mental health center the amounts expected to be received under this section.
Sec. 37. NRS 433.435 is hereby amended to read as follows:
433.435 1. The superintendent may establish at the hospital and the chief may establish at the mental health center a patients commissary or store, which shall exist for the benefit and use of the patients. So far as practicable, sales of supplies and materials shall be at cost. The superintendent shall keep, or cause to be kept, a record of all transactions of the commissary [.]
κ1969 Statutes of Nevada, Page 1068 (CHAPTER 569, AB 466)κ
the commissary [.] at the hospital, and the chief shall do the same for the commissary at the mental health center.
2. The hospital commissary fund [is] and the mental health center commissary fund are hereby created, and shall be used to purchase supplies and materials for resale to the patients, to provide money for needy patients, and for such other incidentals as may be deemed necessary by the superintendent [.] for the hospital, or by the chief, for the mental health center. All money drawn from the [fund] funds shall be repaid wherever possible.
3. The superintendent is directed to deposit the hospital commissary fund and the chief shall deposit the mental health center commissary fund in one or more banks of reputable standing, and [to] the superintendent and chief shall maintain a small sum as petty cash at [the] each commissary.
Sec. 38. NRS 433.440 is hereby amended to read as follows:
433.440 1. There shall be maintained at the hospital and at the mental health center a fund to be known as the patients personal deposit fund.
2. Moneys coming into the possession of the superintendent or chief 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 or chief 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 for the hospital and the chief shall deposit the fund for the mental health center in a commercial account with a bank of reputable standing. When deposits in the commercial account exceed $15,000, the superintendent or the chief, as the case may be, 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.]
(a) At the hospital, if the interest has accrued on the fund deposited by the superintendent; or
(b) At the mental health center, if the interest has accrued on the fund deposited by the chief.
7. The superintendent may maintain at the hospital and the chief may maintain at the mental health center a petty cash fund of not more than $400 of the moneys in the patients personal deposit fund to enable patients to withdraw small sums from their accounts.
κ1969 Statutes of Nevada, Page 1069 (CHAPTER 569, AB 466)κ
Sec. 39. NRS 433.450 is hereby amended to read as follows:
433.450 1. When the total value of personal property of a committed person does not exceed $300 and requires safekeeping, the superintendent or chief, as the case may be, is authorized to receive it. [He] The superintendent or chief may remove or cause to be removed such personal property from wherever located to a place of safekeeping for the benefit of the committed person, and the expense of removal and safekeeping shall be paid from funds to the credit of the committed person or from funds appropriated for the support of the hospital [.] or the mental health center, as the case may be.
2. Such property may be sold at any time after 1 year of safekeeping when it is determined that the committed person is incurably ill or that he will be required to remain at the hospital or the mental health center for an extended period of time. The sale price shall be not less than 10 percent below the value determined by a qualified appraiser appointed by the [board.] administrator of the division. Where relatives of the kinship mentioned in NRS [433.010] 433.015 to 433.640, inclusive, and sections 2 to 16, inclusive, of this act are known, they shall be advised of a pending sale of the property and shall be given the first opportunity to purchase the property. Moneys realized from sales shall be deposited at the hospital or mental health center in the same manner as other personal credits of committed persons are made.
Sec. 40. NRS 433.460 is hereby amended to read as follows:
433.460 1. When a committed person has money due or owing to him, the total of which does not exceed $300, the superintendent, if such person is committed to the hospital, or the chief, if such person is committed to the mental health center, may collect the money from the debtor upon executing and delivering to him an affidavit containing:
(a) The name of the hospital [.] or the mental health center, as the case may be.
(b) The name of the committed person.
(c) A statement that the total amount known to be due to the committed person does not exceed $300.
2. Moneys paid to the superintendent or chief shall be deposited by him in the patients personal deposit fund to be credited to the committed person.
3. A receipt delivered by the superintendent or chief to the debtor shall constitute a good and sufficient release for the payment of the money made by a debtor pursuant to the provisions of this section and shall fully discharge the debtor from any further liability in reference to the amount so paid.
Sec. 41. NRS 433.470 is hereby amended to read as follows:
433.470 Annually, at the end of each fiscal year, the superintendent shall account to the state treasurer on the status of the personal account of each person committed [person.] to the hospital and the chief shall do the same for such accounts of persons committed to the mental health center. The account shall be confirmed by a certificate of balance from the bank where funds are on deposit in commercial and savings accounts.
Sec. 42. NRS 433.480 is hereby amended to read as follows:
433.480 1. Claims by the hospital or mental health center against the estates of deceased persons may be presented to the executor or administrator in the manner required by law, and shall be paid as a preferred claim, ranking with claims for expenses of last illness.
κ1969 Statutes of Nevada, Page 1070 (CHAPTER 569, AB 466)κ
administrator in the manner required by law, and shall be paid as a preferred claim, ranking with claims for expenses of last illness. When a deceased person has been maintained at the hospital or mental health center at a rate of pay less than the maximum usually charged, or the hospital or mental health center has incurred other expenses for the benefit of the person for which full payment has not been made, the estate of the person shall be liable, if the estate is discovered within 5 years after the persons death.
2. Any personal credit funds in possession of the hospital or mental health center during the life of the person shall be immediately applicable and transferred to the account for subsistence and care to the extent of the unpaid portion up to the maximum which would have been charged if funds had been available.
Sec. 43. NRS 433.500 is hereby amended to read as follows:
433.500 When the guardian or responsible relative shall become unable to provide any longer for a committed person, upon a proper showing to the district court where the appointment of the guardian was made or where the person was committed, the court shall certify such fact to the superintendent [.] , if the person is committed to the hospital, or to the chief if such person is committed to the mental health center. From the date of certification by the court, the superintendent or chief, as the case may be, shall release the guardian or responsible relative, as the case may be, from any further liability on account of his bond and further payments to the hospital [,] or mental health center, and shall immediately transfer the committed person to the status of an indigent.
Sec. 44. NRS 433.530 is hereby amended to read as follows:
433.530 The superintendent or director, as the case may be, may authorize the transfer of a committed person to a general hospital for necessary diagnostic, medical or surgical services not available at the Nevada state hospital [.] or mental health center. Such services shall be performed at a hospital designated by the superintendent [,] or director, and in no case shall the patient be transported to the county charged with the costs of such patients hospitalization unless the superintendent or director, as the case may be, deems it convenient to the hospital or mental health center and in the best interests of the patient. The expense of diagnostic, medical and surgical services furnished by persons not on the hospital staff [,] nor on the staff of the mental health center, whether rendered while the committed person is a patient in a general hospital, an outpatient of a general hospital or treated outside any hospital, and hospitalization incidental and necessary thereto, shall be paid by those made responsible for such patients care under the order of commitment, or, in the case of an indigent patient, shall be a charge upon the county from which the commitment was made, if the indigent prior to commitment had been a resident of that county for more than 1 year.
Sec. 45. NRS 433.535 is hereby amended to read as follows:
433.535 The superintendent or director, as the case may be, may authorize the transfer to a United States Veterans Administration hospital or facility of any committed patient eligible for treatment therein.
Sec. 46. NRS 433.537 is hereby amended to read as follows:
433.537 1. Whenever the warden of the Nevada state prison and the [superintendent] administrator of the division determine that the facilities of the state prison, mental health center and hospital are inadequate for the detention and care of any mentally ill person confined at such prison, mental health center or hospital, the warden or [superintendent] administrator of the division may request the state health officer to designate two physicians licensed under the provisions of chapter 630 of NRS, and familiar with the field of psychiatry, to examine such person.
κ1969 Statutes of Nevada, Page 1071 (CHAPTER 569, AB 466)κ
[superintendent] administrator of the division determine that the facilities of the state prison, mental health center and hospital are inadequate for the detention and care of any mentally ill person confined at such prison, mental health center or hospital, the warden or [superintendent] administrator of the division may request the state health officer to designate two physicians licensed under the provisions of chapter 630 of NRS, and familiar with the field of psychiatry, to examine such person. If the two physicians concur in the opinion of the warden and the [superintendent,] administrator, the warden or [superintendent] administrator may contract with appropriate corresponding authorities in any other state of the United States, having adequate facilities for such purposes, for the reception, detention, care or treatment of such person. The two physicians designated by the state health officer shall receive a reasonable fee for their services based upon rates set by the Nevada industrial commission for similar services, which fee shall be paid by the institution in which the mentally ill person was originally confined.
2. Moneys to carry out the provisions of this section shall be provided by direct legislative appropriation.
Sec. 47. NRS 433.540 is hereby amended to read as follows:
433.540 The [superintendent] administrator of the division may contract with appropriate agencies of other states for the institutional care of patients found to be affected with active tuberculosis, and who have been committed to the hospital or mental health center under the provisions of this chapter. The cost of such care in another state shall be paid by those made responsible for such patients care under the order of commitment. The out-of-state institutional care of such patients who are indigent and have no relatives responsible for their care shall be paid by the state out of funds appropriated for the general support of the hospital [.] if such person was a patient at the hospital, or of the mental health center if such person was a patient there.
Sec. 48. NRS 433.550 is hereby amended to read as follows:
433.550 1. 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, if such person was committed to the hospital, or the director, if such person was committed to the mental health center, 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 indigent resident defined in subsection 2 shall be made to an individual or agency 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 or the director, as the case may be, 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.
κ1969 Statutes of Nevada, Page 1072 (CHAPTER 569, AB 466)κ
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. 49. NRS 433.560 is hereby amended to read as follows:
433.560 An indigent patient discharged by the superintendent or the director, as the case may be, because he is a dotard, and not mentally ill, shall be received by the authorities of the county having charge of the poor in the county where such patient last resided, or, in the case of nonresidents of the state, in the county from which he was committed, and the cost of returning him to the county shall be a charge upon that county.
Sec. 50. NRS 433.570 is hereby amended to read as follows:
433.570 1. The superintendent, if the patient is committed to the hospital, or the director if the patient is committed to the mental health center, may conditionally release any patient when, in the judgment of the superintendent [,] or director, such convalescent status is in the best interest of the patient and will not be detrimental to the public welfare.
2. When a committed person 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. 51. NRS 433.580 is hereby amended to read as follows:
433.580 1. For the purpose of facilitating the return of nonresident patients to the state in which they have legal residence, the [superintendent] administrator of the division may enter into reciprocal agreements, consistent with the provisions of this chapter, with the proper boards, commissioners or officers of other states for the mutual exchange of such patients confined in, admitted or committed to a state hospital in one state whose legal residence is in the other, and may give written permission for the return and admission to the Nevada state hospital or the mental health center of any resident of this state when such permission is conformable to the provisions of this chapter governing admissions to the hospital [.] or mental health center.
2. The county clerk and board of county commissioners of each county, upon receiving notice from the [superintendent] administrator of the division that an application for the return of an alleged resident of this state has been received, shall promptly investigate and report to the [superintendent] administrator their findings as to the legal residence of the patient.
Sec. 52. NRS 433.590 is hereby amended to read as follows:
433.590 All expenses incurred for the purpose of returning a patient to the state in which he has legal residence shall be paid from the funds of such patient or by the relatives or persons responsible for his care and treatment under his commitment or admission. The expense of the return of patients committed or admitted as indigents may be paid by the state. The expense of returning residents of this state to the Nevada state hospital or mental health center shall not in any case be a charge against or paid by the State of Nevada.
κ1969 Statutes of Nevada, Page 1073 (CHAPTER 569, AB 466)κ
Sec. 53. NRS 433.600 is hereby amended to read as follows:
433.600 The costs and expenses of returning such patients to the state in which they have residence, when assumed by the state, shall be advanced from funds appropriated for the general support of the hospital [,] if such patient was committed to the hospital at the time of such transfer, or the mental health center, if such patient was committed to such institution at the time of such transfer, and shall be paid out on claims as other claims against the state are paid.
Sec. 54. NRS 433.610 is hereby amended to read as follows:
433.610 1. Upon the death of a patient, any known relatives or friends of such patient shall be notified immediately of the fact of death.
2. The superintendent, if a deceased patient was committed to the hospital, or the chief if such deceased patient was committed to the mental health center, shall provide a decent burial for any deceased patient at any cemetery without the hospital or mental health center grounds. [He] The superintendent or chief, as the case may be, is authorized to enter into a contract with any person or persons, including governmental agencies or other instrumentalities, as he deems proper, for such a decent burial. Where there are no known relatives, the cost of such burial shall be a charge against the State of Nevada, but the cost thereof shall not exceed the amount charged for the burial of indigents in the county in which the burial takes place.
3. When a committed person has income from a pension payable through the hospital or mental health center providing for funeral expenses, and has no guardian, the hospital or mental health center may obligate operating funds for funeral expenses in the amount due under the pension benefits.
Sec. 55. NRS 433.620 is hereby amended to read as follows:
433.620 Any public officer or employee who transports or delivers or assists in transporting or delivering or detains or assists in detaining any person pursuant to [NRS 433.010 to 433.640, inclusive,] this chapter shall not be rendered civilly or criminally liable thereby unless it shall be shown that such officer or employee acted maliciously or in bad faith or that his negligence resulted in bodily injury to such person.
Sec. 56. NRS 433.630 is hereby amended to read as follows:
433.630 1. Any person or employee of the hospital or mental health center is guilty of a misdemeanor who:
(a) Willfully abuses a patient of the hospital [;] or mental health center; 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, chief 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
κ1969 Statutes of Nevada, Page 1074 (CHAPTER 569, AB 466)κ
(e) Contrives the escape, elopement, or absence of a patient.
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. 57. NRS 433.640 is hereby amended to read as follows:
433.640 1. Any person who shall sell, barter, exchange or in any manner dispose of any spirituous or malt liquor or beverage to any person lawfully confined in the hospital or mental health center is guilty of a gross misdemeanor.
2. This section shall not apply to any physician prescribing or furnishing any such liquor to any such person, when the liquor is prescribed or furnished for medicinal purposes only.
Sec. 58. NRS 433.647 is hereby amended to read as follows:
433.647 Unless the context otherwise requires, the words and terms defined in NRS 433.649 to 433.661, inclusive, and sections 60 to 63, inclusive, of this act, shall have the meanings ascribed to them in NRS 433.649 to 433.661, inclusive [.] , and sections 60 to 63, inclusive, of this act.
Sec. 59. Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 60 to 63, inclusive, of this act.
Sec. 60. Chief means the chief administrative officer of the Southern Nevada comprehensive mental health center.
Sec. 61. Director means the medical director of the Southern Nevada comprehensive mental health center.
Sec. 62. Hospital includes both public and private hospitals.
Sec. 63. Superintendent means the superintendent and medical director of the Nevada state hospital.
Sec. 64. NRS 433.667 is hereby amended to read as follows:
433.667 1. Any voluntary patient admitted to any hospital pursuant to NRS 433.665 who is 18 years of age or over is entitled at any time to obtain his release from such hospital by filing a written request with the chief of service. The chief of service shall, within a period of 48 hours after the receipt of any such request, release the voluntary patient making such request. In the case of any voluntary patient under the age of 18 years, the chief of service shall release such patient, according to the provisions of this section, upon the written request of his spouse, parent or legal guardian.
2. The chief of service may release any voluntary patient hospitalized pursuant to NRS 433.665 whenever he determines that such patient has recovered or that his continued hospitalization is no longer beneficial to him or advisable. [In the case of a state-operated hospital, release] Release pursuant to this subsection is subject to the prior approval of the superintendent [.] , if such person is hospitalized at the Nevada state hospital, or the director if such person is hospitalized at the Southern Nevada comprehensive mental health center.
Sec. 65. NRS 433.687 is hereby amended to read as follows:
433.687 Immediately after he receives any petition filed under NRS 433.685, the clerk of the district court shall transmit such petition to the appropriate district judge, who shall set a time and place for its hearing. The clerk shall thereupon cause a copy of the petition and a notice of the time and place of hearing to be served personally upon the person with respect to whom the petition was filed.
κ1969 Statutes of Nevada, Page 1075 (CHAPTER 569, AB 466)κ
time and place of hearing to be served personally upon the person with respect to whom the petition was filed. When the person is being detained at the Nevada state hospital, the Southern Nevada comprehensive mental health center or any other mental health facility of the State of Nevada, the hearing shall be held at such facility if at all possible.
Sec. 66. NRS 433.697 is hereby amended to read as follows:
433.697 1. If a person ordered committed to the Nevada state hospital, the Southern Nevada comprehensive mental health center or other facility operated by the division by the court pursuant to NRS 433.695 is found by the court not to be a resident of the State of Nevada and to be a resident of another place, he shall be transferred to the state of his residence if an appropriate institution of that state is willing to accept him.
2. The approval of the [superintendent] administrator of the division shall be obtained before any transfer is made pursuant to subsection 1.
Sec. 67. NRS 433.699 is hereby amended to read as follows:
433.699 When a person is committed to a hospital under one of the various forms of commitment prescribed by law, the parent or parents of a mentally ill person who is a minor or the husband or wife or adult child of a mentally ill person, if of sufficient ability, and the estate of such mentally ill person, if such estate is sufficient for the purpose, shall pay the cost of such mentally ill persons maintenance, including treatment and surgical operations, in any hospital in which such person is hospitalized under NRS 433.645 to 433.739, inclusive:
1. To the superintendent, if such [hospital is owned or operated by the State of Nevada.] person is committed to the Nevada state hospital;
2. To the chief, if such person is committed to the Southern Nevada comprehensive mental health center; or
[2. To] 3. In all other cases, to the hospital rendering the service. [, if such hospital is not owned or operated by the State of Nevada.]
Sec. 68. NRS 433.701 is hereby amended to read as follows:
433.701 1. If any person, made liable to the superintendent or chief for the maintenance of a mentally ill person under NRS 433.700, fails to provide or pay for such maintenance, the administrator of the division shall petition the district court of the county in which such patient is hospitalized for a citation to show cause why such person should not be adjudged to pay a portion or all of the expenses of maintenance of such patient. The citation shall be served at least 10 days before the hearing thereon.
2. If, upon the hearing as authorized under subsection 1, it appears to the court that the mentally ill person or the relative determined to be responsible has sufficient estate out of which some or all of the determined amount may be met, the court shall make an order requiring payment by such patient or relative of such sum or sums as it may find he is reasonably able to pay and as may be necessary to provide for the maintenance and treatment of such mentally ill person.
Sec. 69. NRS 433.703 is hereby amended to read as follows:
433.703 1. Any order issued pursuant to NRS 433.701:
(a) Shall require the payment of such sums to the superintendent or the chief, as the case may be, annually, semiannually, quarterly or monthly as the court may direct.
(b) May be enforced, as provided in chapter 31 of NRS, against any property of the mentally ill person or the person liable or undertaking to maintain him.
κ1969 Statutes of Nevada, Page 1076 (CHAPTER 569, AB 466)κ
property of the mentally ill person or the person liable or undertaking to maintain him.
2. All sums received by the superintendent or chief pursuant to subsection 1 shall be deposited in the state treasury and may be expended by the division for the support of the Nevada state hospital or the Southern Nevada comprehensive mental health center in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 70. NRS 433.713 is hereby amended to read as follows:
433.713 1. Any patient hospitalized pursuant to a court order obtained under NRS 433.695, or his attorney, legal guardian, spouse, parent or other nearest adult relative, is entitled, upon the expiration of 90 days following such order and not more frequently than every 6 months thereafter, to request, in writing, the chief of service of the hospital in which the patient is hospitalized to have a current examination of his mental condition made by one or more physicians. If the request is timely it shall be granted. The patient is entitled, at his own expense, to have any duly qualified physician participate in such examination. In the case of any such patient who is indigent, the department of health, welfare and rehabilitation shall, upon the written request of such patient, assist him in obtaining a duly qualified physician to participate in such examination in the patients behalf. Any such physician so obtained by such indigent patient shall be compensated for his services out of any unobligated funds of such department in an amount determined by it to be fair and reasonable.
2. If the chief of service, after considering the reports of the physicians conducting such examination, determines that the patient is no longer mentally ill to the extent that he is likely to injure himself or others if not hospitalized, the chief of service shall order the immediate release of the patient. However, if the chief of service, after considering such reports, or another physician examining the patient, determines that such patient continues to be mentally ill to the extent that he is likely to injure himself or others if not hospitalized, but one or more of the physicians participating in such examination reports that the patient is not mentally ill to such extent, the patient may petition the court for an order directing his release. Such petition shall be accompanied by the reports of the physicians who conducted the examination of the patient.
3. [In the case of a state-operated hospital, release] Release pursuant to subsection 2 is subject to the prior approval of the superintendent [.] , if the patient is committed to the Nevada state hospital, or of the director if such patient is committed to the Southern Nevada comprehensive mental health center.
Sec. 71. NRS 433.717 is hereby amended to read as follows:
433.717 1. The chief of service of a public or private hospital shall as often as practicable, but not less often than every 6 months, examine or cause to be examined each patient admitted to any such hospital pursuant to NRS 433.695, and if he determines on the basis of such examination that the conditions which justified the involuntary hospitalization of such patient no longer exist, the chief of service shall immediately release such patient.
κ1969 Statutes of Nevada, Page 1077 (CHAPTER 569, AB 466)κ
2. [In the case of a state-operated hospital, release] Release pursuant to subsection 1 shall be subject to the approval of the superintendent [.] if such patient is committed to the Nevada state hospital, or of the director if such patient is committed to the Southern Nevada comprehensive mental health center.
3. Nothing in subsections 1 and 2 shall be construed to prohibit any person from exercising any right presently available to him for obtaining release from confinement, including the right to petition for a writ of habeas corpus.
Sec. 72. NRS 436.011 is hereby amended to read as follows:
436.011 The division shall consist of:
1. The Nevada state hospital.
2. The Southern Nevada comprehensive mental health center.
3. Such other subdivisions as the administrator may, with the approval of the director of the department, from time to time establish.
Sec. 73. NRS 436.013 is hereby amended to read as follows:
436.013 The administrator shall have the following powers and duties:
1. To serve as the executive officer of the division.
2. To make a biennial report to the director of the department on the condition and operation of the division, and such other reports as the director may prescribe.
3. To appoint a superintendent of the Nevada state hospital, who shall possess the qualifications prescribed in NRS 433.090.
4. To appoint a director and chief of the Southern Nevada comprehensive mental health center, who shall be selected pursuant to sections 8 and 12, respectively, of this act.
5. To employ, within the limits of available funds in accordance with the provisions of chapter 284 of NRS [:
(a) A senior psychiatrist at an annual salary not to exceed $21,000.
(b) Such other] , such assistants and employees as may be necessary to the efficient operation of the division.
Sec. 74. (Deleted by amendment.)
Sec. 75. NRS 433.010 is hereby repealed.
Sec. 76. This act shall become effective at 12:02 a.m. on July 1, 1969.
________
κ1969 Statutes of Nevada, Page 1078κ
Assembly Bill No. 477Committee on Health and Welfare
CHAPTER 570
AN ACT relating to aid to dependent children; deleting the age requirement for a dependent child attending school; including an incapacitated parent in the determination of the amount of award; clarifying the requirement of notice to the district attorney; and providing other matters properly relating thereto.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 425.030 is hereby amended to read as follows:
425.030 As used in this chapter:
1. Applicant means any person who has applied for assistance under this chapter.
2. Assistance means money payments with respect to, or medical care in behalf of, or any type of remedial care recognized under state law in behalf of, a dependent child or dependent children, and includes money payments or medical care or any type of remedial care recognized under state law for any month to meet the needs of the relative with whom any dependent child is living if money payments have been made with respect to such child for such month.
3. Board means the state welfare board.
4. Department means the department of health, welfare and rehabilitation.
5. Dependent child means a needy child under the age of 16 years, or under the age of [18] 21 years if found by the department to be regularly attending school, and obtaining a passing grade in his studies, until completion of high school or vocational school, who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece, in a place of residence maintained by one or more of such relatives as his or their own home or in a foster home, group care facility or other care center or institution.
6. Director means the director of the department of health, welfare and rehabilitation.
7. Recipient means any person who has received or is receiving assistance.
8. Welfare division means the welfare division of the department of health, welfare and rehabilitation.
Sec. 2. NRS 425.100 is hereby amended to read as follows:
425.100 1. If, after investigation, the child is determined to be eligible, the welfare division shall determine the amount of assistance, and assistance shall be furnished the child without delay. Written notice of the decision and of the applicants right of appeal therefrom shall be mailed promptly to the applicant.
2. The amount of assistance granted for any dependent child shall be determined by the welfare division with due regard to the resources and necessary expenditures of the family and the conditions existing in each case and in accordance with the rules and regulations made by the welfare division, and shall be sufficient, when added to all other income and support available to the child, to provide the child with a reasonable subsistence compatible with decency and health.
κ1969 Statutes of Nevada, Page 1079 (CHAPTER 570, AB 477)κ
each case and in accordance with the rules and regulations made by the welfare division, and shall be sufficient, when added to all other income and support available to the child, to provide the child with a reasonable subsistence compatible with decency and health. Taking into account all other available income and resources, the amount of income reasonably necessary for an eligible adult relative or relatives providing care for a dependent child is hereby determined and designated as not less than $30 a month; for the first child, not less than $30 a month, and for each additional child, not less than $21 a month.
Sec. 3. NRS 425.150 is hereby amended to read as follows:
425.150 1. Whenever a person applies for assistance pursuant to this chapter, on behalf of a child whose parent has deserted or is not supporting such child, the welfare division shall immediately notify the district attorney of the county, or, if the district attorney is not the appropriate official, the [Superintendent of the Nevada Indian Agency or the Indian Service Special Officer,] proper Indian tribal official, that such application has been made.
2. At the time of such application the welfare division shall inform the applicant of his duties pursuant to NRS 425.145 and request that such applicant comply therewith.
3. The notice provided for in subsection 1 shall include a statement that such applicant has been informed of his duties and requested to comply therewith pursuant to subsection 2.
________
Assembly Bill No. 641Committee on Judiciary
CHAPTER 571
AN ACT relating to criminal procedure; permitting the state to appeal from justices court orders granting motions of defendants to suppress evidence; and providing other matters properly relating thereto.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 189 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state may appeal to the district court from an order of a justices court granting the motion of a defendant to suppress evidence.
2. Such an appeal shall be taken:
(a) Within 2 days after the rendition of such an order during a trial or preliminary examination.
(b) Within 5 days after the rendition of such an order before a trial or preliminary examination.
3. Upon perfecting such an appeal:
(a) After the commencement of a trial or preliminary examination, further proceedings in the trial shall be stayed pending the final determination of the appeal.
κ1969 Statutes of Nevada, Page 1080 (CHAPTER 571, AB 641)κ
(b) Before trial or preliminary examination, the time limitation within which a defendant shall be brought to trial shall be extended for the period necessary for the final determination of the appeal.
________
Assembly Bill No. 646Messrs. Close and Bowler
CHAPTER 572
AN ACT relating to fluoridation of water; exempting certain suppliers of water from the requirement to fluoridate water; and providing other matters properly relating thereto.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 445.038 is hereby amended to read as follows:
445.038 The provisions of NRS 445.033 to 445.037 do not apply: [to]
1. To purveyors of bottled water who label their containers to inform the purchaser that the naturally occurring fluoride concentration of the water has been adjusted to recommended levels.
2. To any supplier of water who supplies water to less than 500 users.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 769Committee on Commerce
CHAPTER 573
AN ACT relating to the regulation of public utilities; requiring compliance with specified rules; imposing a penalty; and requiring district attorneys to prosecute criminal violations.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Any person who fails to comply with the provisions of the safety rules for the installation and maintenance of electric supply and communication lines of the National Bureau of Standards as such rules are adopted or amended by the commission is liable to a penalty of not less than $300 nor more than $500. Each days refusal or failure to comply with such rules shall be deemed a separate offense.
2. The penalty provided in subsection 1 shall be recovered upon the complaint of the commission in a civil action in any court of competent jurisdiction.
κ1969 Statutes of Nevada, Page 1081 (CHAPTER 573, AB 769)κ
Sec. 3. The district attorney of any county in this state shall prosecute all violations of this chapter for which a criminal penalty is provided which occur in his county.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 780Committee on Taxation
CHAPTER 574
AN ACT relating to the property (ad valorem) tax; revising certain budget procedures for local governments; providing a method for the adjustment of property tax rates to meet constitutional limits; and providing other matters properly relating thereto.
[Approved April 23, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.596 is hereby amended to read as follows:
354.596 [1. On or before March 15 of each year, the officer charged by law shall prepare, or the governing body shall cause to be prepared, a tentative budget for the ensuing fiscal year, and this budget shall be filed for public record and inspection in the office of the clerk or secretary of the governing body, in the office of the county clerk, in the office of the Nevada tax commission, and, in the case of school districts, in the office of the state department of education. The governing body shall, at the time of filing the tentative budget, give notice of the time and place of a public hearing on the tentative budget and shall cause a notice of such hearing to be published once at least 7 days prior to the date set for such hearing, setting forth:
(a) The time and place of the public hearing.
(b) A tentative budget prepared in such detail and on appropriate forms as prescribed by the Nevada tax commission, whose duty it shall be to prescribe such forms for the use of local governments.
(c) A statement indicating where copies of the tentative budget are on file and available for public inspection.
2. Budget hearings for county budgets shall be held on the 3rd Monday in April; budget hearings for cities shall be held on the 3rd Tuesday in April; budget hearings for school districts shall be held on the 3rd Wednesday in April; budget hearings for all other local governments shall be held on the 3rd Thursday in April, except that county commissioners may consolidate the hearing on all local government budgets administered by them with the county budget hearing to be held on the 3rd Monday in April.
3. A copy of the tentative budget and notice of public hearing shall be submitted to the Nevada tax commission, and in the case of school districts also to the superintendent of public instruction, on or before March 16.
κ1969 Statutes of Nevada, Page 1082 (CHAPTER 574, AB 780)κ
4. The Nevada tax commission shall examine the submitted documents for compliance with law and with appropriate regulations and shall submit to the governing body at least 3 days prior to the public hearing a written certificate of compliance or a written notice of lack of compliance. The written notice shall indicate the manner in which the submitted documents fail to comply with law or appropriate regulations. The notice or certificate shall be read at the public hearing.
5. Whenever the governing body receives from the Nevada tax commission a notice of lack of compliance, the governing body shall forthwith proceed to amend the tentative budget to effect compliance with the law and with the appropriate regulation.]
1. On or before February 20 of each year, the officer charged by law shall prepare, or the governing body shall cause to be prepared, on appropriate forms prescribed by the Nevada tax commission for the use of local governments, a tentative budget for the ensuing fiscal year. The tentative budget shall be filed for public record and inspection in the office of:
(a) The clerk or secretary of the governing body; and
(b) The county clerk.
2. At the time of filing the tentative budget, the governing body shall give notice of the time and place of a public hearing on the tentative budget and shall cause a notice of such hearing to be published once in a newspaper of general circulation within the area of the local government at least 7 days prior to the date set for such hearing. The notice of public hearing shall state:
(a) The time and place of the public hearing.
(b) That a tentative budget has been prepared in such detail and on appropriate forms as prescribed by the Nevada tax commission.
(c) The places where copies of the tentative budget are on file and available for public inspection.
3. Budget hearings shall be held:
(a) For county budgets, on the 4th Monday in March;
(b) For cities, on the 4th Tuesday in March;
(c) For school districts, on the 4th Wednesday in March; and
(d) For all other local governments, on the 4th Thursday in March, except that the board of county commissioners may consolidate the hearing on all local government budgets administered by the board of county commissioners with the county budget hearing.
4. On or before February 20, a copy of the tentative budget and notice of public hearing shall be submitted:
(a) To the Nevada tax commission; and also
(b) In the case of school districts, to the state department of education; and
(c) In the case of general improvement districts subject to the jurisdiction of the public service commission of Nevada pursuant to NRS 318.140 and 318.144, to the public service commission of Nevada.
5. The Nevada tax commission shall examine the submitted documents for compliance with law and with appropriate regulations and shall submit to the governing body at least 3 days prior to the public hearing a written certificate of compliance or a written notice of lack of compliance.
κ1969 Statutes of Nevada, Page 1083 (CHAPTER 574, AB 780)κ
a written certificate of compliance or a written notice of lack of compliance. The written notice shall indicate the manner in which the submitted documents fail to comply with law or appropriate regulations. The notice or certificate shall be read at the public hearing.
6. Whenever the governing body receives from the Nevada tax commission a notice of lack of compliance, the governing body shall forthwith proceed to amend the tentative budget to effect compliance with the law and with the appropriate regulation.
Sec. 2. NRS 354.598 is hereby amended to read as follows:
354.598 1. At the time and place advertised for public hearing, or at any time and place to which such public hearing is from time to time adjourned, the governing body shall hold a public hearing on the tentative budget, at which time interested persons shall be given an opportunity to be heard.
2. At the public hearing, the governing body shall [first amend the budget to conform to the requirement of the Nevada tax commission and shall indicate other] indicate changes, if any, to be made in the tentative budget, and shall adopt a final budget by the favorable votes of a majority of all members of the governing body. The final budget shall be adopted on or before April [30] 10 of each year. Should the governing body fail to adopt a final budget that complies with the requirements of [subsection 5 of NRS 354.596] law and the regulations of the Nevada tax commission on or before the required date, the budget adopted and approved by the Nevada tax commission for the current year, adjusted as to content and rate in such manner as the Nevada tax commission may consider necessary, shall automatically become the budget for the ensuing fiscal year. When a budget has been so adopted by default, the governing body may not reconsider such budget without the express approval of the Nevada tax commission. If such a default budget creates a combined ad valorem tax rate in excess of the constitutional limit, the Nevada tax commission shall adjust such budget as provided in [subsection 2 of] NRS 361.455.
3. The final budget shall be certified by a majority of all members of the governing body. [In the event] If a tentative budget is adopted by default as provided in subsection 2, the clerk of the governing body shall certify the budget. Certified copies shall be distributed as determined by the Nevada tax commission.
4. Upon the adoption of the final budget or the amendment of the budget in accordance with NRS 354.606, the several amounts stated therein as proposed expenditures shall be and become appropriated for the purposes indicated in the budget.
5. No governing body shall adopt any budget which appropriates for any fund any amount in excess of the budget resources of that fund.
Sec. 3. NRS 360.220 is hereby amended to read as follows:
360.220 The Nevada tax commission shall have the power [:
1. To] to require governing bodies of local governments, as defined in NRS 354.474, to submit a budget estimate of the local government expenses and income for the current year, and for the budget year, and a compilation of the actual local government expenses and income for the last completed year, in such detail and form as may be required by the Nevada tax commission [.]
κ1969 Statutes of Nevada, Page 1084 (CHAPTER 574, AB 780)κ
the Nevada tax commission [.] upon the recommendations of the advisory committee.
[2. To require such governing bodies to increase or decrease the tax rate of their respective local governments to produce the net revenue estimated as necessary for the conduct of the local government, as appears from the budget.]
Sec. 4. NRS 361.455 is hereby amended to read as follows:
361.455 1. Subsequent to the approval of the final budgets for the various local governments as defined in NRS 354.474 and their submission to the Nevada tax commission, for [auditing] examination and approval, [as required by law,] the Nevada tax commission shall certify to the board of county commissioners of each of the several counties the combined tax rate necessary to produce the amount of revenue required by the approved budgets, and shall certify such combined rate, broken down as to the budgetary funds, to each of the boards of county commissioners.
2. [If the combined rate, together with the state tax rate theretofore approved, shall exceed the constitutional tax rate limit, the Nevada tax commission is authorized and directed to call together the governing bodies of the respective local governments concerned, and to hold the governing bodies in session until such time as the budgeted requirements have been reduced to such amount as may be produced by a combined tax rate which will not exceed the constitutional limitation. After the budgeted requirements have been so reduced, the Nevada tax commission shall proceed as provided in subsection 1 to certify the combined tax rate. If the governing body of any local government shall refuse or neglect to participate in the meeting of all governing bodies, the Nevada tax commission is authorized and directed to adjust the budget of the local government as the exigencies of the situation may require.
3.] Immediately upon adoption of the final budgets, if the combined tax rate together with the established state tax rate exceeds the constitutional tax rate limit, the chairman of the board of county commissioners in each county concerned shall call a meeting of the governing boards of each of the local governments within such county for the purpose of establishing a combined tax rate that conforms to the constitutional limitations. The chairman shall convene the meeting on April 14 or, if April 14 falls on a Saturday or Sunday, on the Monday next following.
3. The governing boards of the local governments shall meet in public session and the county clerk shall keep appropriate records of all proceedings. The chairman of the board of county commissioners or his designee shall preside at such meeting. The governing boards shall explore areas of mutual concern so as to agree upon a combined tax rate that does not exceed the constitutional limit. That portion of the proposed tax rate of the county or joint school district for the operation and maintenance of public schools composed of the mandatory tax levy specified in paragraph (a) of subsection 2 of NRS 387.195 and in paragraph (a) of subsection 2 of NRS 387.250 and the recommended tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195 and paragraph (b) of subsection 2 of NRS 387.250 may not be reduced by action of the governing boards in order to establish a combined tax rate conforming to constitutional limitations; but that portion of the proposed tax rate of the county or joint school district specified for debt service requirements pursuant to paragraph (c) of subsection 2 of NRS 387.195 and paragraph (c) of subsection 2 of NRS 387.250 is subject to a rate adjustment by action of the governing boards pursuant to this section.
κ1969 Statutes of Nevada, Page 1085 (CHAPTER 574, AB 780)κ
of the governing boards in order to establish a combined tax rate conforming to constitutional limitations; but that portion of the proposed tax rate of the county or joint school district specified for debt service requirements pursuant to paragraph (c) of subsection 2 of NRS 387.195 and paragraph (c) of subsection 2 of NRS 387.250 is subject to a rate adjustment by action of the governing boards pursuant to this section.
4. The governing boards shall determine final decisions by a unanimous vote of all entities present and qualified to vote, as defined in this subsection. No ballot may be cast on behalf of any governing board unless a majority of such individual board is present. A majority vote of all members of each governing board is necessary to determine the ballot cast for that entity. All ballots must be cast not later than the day following the day the meeting is convened. The district attorney shall be the legal advisor for such proceedings.
5. The county clerk shall immediately thereafter advise the Nevada tax commission of the results of the ballots cast and the tax rates set for local governments concerned and shall submit a written summary of the discussions to the commission. If the ballots for the entities present at the meeting in such county are not unanimous, the county clerk shall notify the Nevada tax commission of the ballots cast indicating that a unanimous vote could not be obtained.
6. If a unanimous vote is not obtained and the combined rate in any county together with the established state tax rate exceeds the constitutional tax rate limit, the Nevada tax commission shall examine the summary of the discussions and the budgets of all local governments concerned. On May 1 or if May 1 falls on a Saturday or Sunday, on the Monday next following, the Nevada tax commission shall meet to set the tax rates for the next succeeding year for all local governments so examined. In setting such tax rates for the next succeeding year the Nevada tax commission shall not reduce that portion of the proposed tax rate of the county or joint school district for the operation and maintenance of public schools composed of the mandatory tax levy specified in paragraph (a) of subsection 2 of NRS 387.195 and in paragraph (a) of subsection 2 of NRS 387.250 and the recommended tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195 and paragraph (b) of subsection 2 of NRS 387.250.
7. Any local government affected by a rate adjustment, made in accordance with the provisions of this section, which necessitates a budget revision shall file a copy of its revised budget [within 20 days] by June 30 next after the approval and certification of the rate by the Nevada tax commission.
[4.] 8. A copy of the certificate of the Nevada tax commission sent to the board of county commissioners shall be forwarded to the county auditor.
________
κ1969 Statutes of Nevada, Page 1086κ
Senate Bill No. 348Committee on Taxation
CHAPTER 575
AN ACT deleting an obsolete reference to the compensation of certain employees of the department of motor vehicles.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 366.120 is hereby amended to read as follows:
366.120 The department may employ such accountants, auditors, investigators, assistants and clerks, pursuant to the provisions of chapter 284 of NRS, as it may deem necessary for the efficient administration of this chapter. [, and may fix their compensation and provide for their necessary expenses.]
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1969.
________
Senate Bill No. 77Committee on Transportation
CHAPTER 576
AN ACT relating to automobile wreckers; providing additional grounds for the suspension, revocation or denial of automobile wreckers licenses; providing penalties; and providing other matters properly related thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 487.050 is hereby amended to read as follows:
487.050 1. It is unlawful for any person to dismantle, scrap, process or wreck any vehicle [subject to registration under the laws of this state] without first obtaining a license for such operation from the department.
2. Applications for such licenses shall be made on forms provided by the department and accompanied by such proof as the department may require that the applicant is a bona fide automobile wrecker.
Sec. 2. NRS 487.160 is hereby amended to read as follows:
487.160 1. The department, after notice and hearing, may suspend, revoke or refuse to renew a license of an automobile wrecker upon determining that the automobile wrecker is not lawfully entitled thereto, or has made, or knowingly or negligently permitted, any illegal use of such license, [or has committed fraud in the registration of vehicles,] or has failed to return a certificate of dismantling to the department when and as required of him by NRS 487.040 to 487.190, inclusive, or has failed to surrender to the department certificates of ownership [and registration last issued] for vehicles before beginning to dismantle or wreck the vehicles.
2. [The department may, pending a hearing, temporarily suspend or refuse to renew the license issued to an automobile wrecker for a period not to exceed 30 days, if the department finds that such action is required in the public interest.
κ1969 Statutes of Nevada, Page 1087 (CHAPTER 576, SB 77)κ
refuse to renew the license issued to an automobile wrecker for a period not to exceed 30 days, if the department finds that such action is required in the public interest.
3. The department may suspend, revoke or refuse to renew the license issued to an automobile wrecker for any determined period of time or permanently, if the department finds that such action is required in the public interest.
4.] The applicant or licensee may, within 30 days after receipt of the notice of temporary denial or suspension, or within 60 days after receipt of the notice of absolute denial or revocation, petition the department in writing for a hearing.
[5.] 3. Hearings under this section and appeals therefrom shall be conducted in the manner prescribed in NRS 482.353 and 482.354.
4. The department may suspend, revoke or refuse to renew a license of an automobile wrecker, or deny such a license to an applicant therefor, if the licensee or applicant:
(a) Does not have or maintain an established place of business in this state.
(b) Made a material misstatement in the application.
(c) Willfully fails to comply with any provision of NRS 487.040 to 487.190, inclusive.
(d) Voluntarily fails for any length of time, or fails for any reason and for 60 days or more, to furnish and keep in force any bond required by NRS 487.040 to 487.190, inclusive.
(e) Fails to discharge any final judgment entered against him when such judgment arises out of any misrepresentation of a vehicle, trailer or semitrailer.
(f) Fails to maintain any license or bond required by a political subdivision of this state.
________
Assembly Bill No. 782Committee on Government Affairs
CHAPTER 577
AN ACT relating to local government securities; limiting the kinds of investments by local governments; providing a penalty for violating bond covenants; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 355 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No governing body of any local government or agency, as defined in NRS 354.474, may invest any of its moneys, or any part thereof, in:
1. Its own securities of any kind.
2. Interim warrants from any source.
Sec. 2. NRS 355.170 is hereby amended to read as follows:
355.170 1. A board of county commissioners or the governing body of an incorporated city may purchase [:] for investment the following securities and no others:
κ1969 Statutes of Nevada, Page 1088 (CHAPTER 577, AB 782)κ
of an incorporated city may purchase [:] for investment the following securities and no others:
(a) Bonds and debentures of the United States, the maturity dates of which shall not extend more than 10 years from the date of purchase;
(b) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended;
(c) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years from date of purchase,
when, in the opinion of the board of county commissioners or the governing body of the city, there are sufficient moneys in any fund or funds in such county or city, the use of which for the purpose of purchasing the type of bonds herein referred to will not result in the impairment of such fund or funds for the purposes for which the same were created.
(d) Securities which have been expressly authorized as investments for local governments or agencies, as defined in NRS 354.474, by any provision of Nevada Revised Statutes or by any special law.
2. When the board of county commissioners or governing body of the city has determined that there are available moneys in any fund or funds for the purchase of bonds as set out in subsection 1, such purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds shall be credited to the funds in the amounts purchased, and the moneys received from the redemption of such bonds, as and when redeemed, shall go back into the fund or funds from which the purchase money was taken originally.
3. Any interest earned on funds invested pursuant to subsection 2 of this section, may, at the discretion of the board of county commissioners or governing body of the city, be credited either to the fund from which the principal was taken or to the general fund of the county or incorporated city.
4. The board of county commissioners or governing body of an incorporated city may invest any moneys apportioned into funds and not invested pursuant to subsection 2 of this section and any moneys not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which shall not be more than 1 year from the date of investment. Such investments shall be considered as cash for accounting purposes, and all the interest earned thereon shall be credited to the general fund of the county or incorporated city.
5. This section does not authorize the investment of moneys administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of such contract, agreement or grant.
Sec. 3. Chapter 350 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any member of the governing body and any officer or other agent of a municipality which has issued any bonds or municipal securities who willfully violates any covenant or provision contained in any such indentures or other instruments or proceedings appertaining thereto is guilty of a misdemeanor.
κ1969 Statutes of Nevada, Page 1089 (CHAPTER 577, AB 782)κ
willfully violates any covenant or provision contained in any such indentures or other instruments or proceedings appertaining thereto is guilty of a misdemeanor.
2. A violation of a covenant existing on the effective date of this act is not willful for the purpose of this section if compliance is impractical because of competition from a private enterprise or enterpriser offering a comparable service.
________
Senate Bill No. 411Senator Fransway
CHAPTER 578
AN ACT relating to the incorporation of cities by general law; providing for election and terms of office of the mayor and councilmen of third-class cities; providing for the number and terms of office of councilmen for second-class cities; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 266.220 is hereby amended to read as follows:
266.220 1. Except as provided in subsection 3, councilmen shall be chosen by the qualified electors of their respective wards.
2. In cities of the first class, the city council shall be composed of nine councilmen, one from each ward and one elected by the electors of the city at large. In cities of the second class, the city council shall be composed of three or five councilmen [, one] as the city council shall provide by ordinance, but there shall be one councilman from each ward. In cities of the third class, the city council shall be composed of three councilmen, one from each ward.
3. In cities of the second and third classes, the council may by ordinance provide that councilmen shall be voted upon by the electors of the city at large, but shall reside in the ward to be represented by them. If the council adopts such an ordinance, the ordinance shall not be amended or repealed until at least two consecutive elections have been conducted pursuant to such ordinance.
Sec. 2. NRS 266.626 is hereby amended to read as follows:
266.626 1. A general city election shall be held in each city of the first and second classes on the 1st Tuesday after the 1st Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 or 4 years thereafter as determined by law, ordinance or resolution, at which time there shall be elected such elective city officers, the offices of which are required next to be filled by election. All candidates, except as provided in NRS 266.220, at the general municipal election shall be voted upon by the electors of the city at large.
2. The city council of each city of the second class shall determine by ordinance passed after incorporation or after the effective date of this act whether the terms of office of councilmen shall be 2 or 4 years and if it is determined to have terms of 4 years, whether such terms shall be staggered.
κ1969 Statutes of Nevada, Page 1090 (CHAPTER 578, SB 411)κ
staggered. If it is determined by ordinance that the terms of office shall be staggered, the councilmen holding office on the date of the ordinance shall decide by lot among themselves which of their offices shall expire at the general election which next follows the date of the ordinance; and thereafter the terms of office shall be 4 years.
Sec. 3. NRS 266.629 is hereby amended to read as follows:
266.629 1. A general city election shall be held in each city of the third class on the 1st Tuesday after the 1st Monday in June of the first odd-numbered year after incorporation, and on the same day either every 2 years or every 4 years thereafter as determined by ordinance. [, at which shall be elected one mayor and three councilmen.]
2. There shall be one mayor and three councilmen for each city of the third class, and it shall be determined by ordinance passed after incorporation or after the effective date of this act whether the terms of office of the mayor and the councilmen shall be 2 or 4 years and if it is determined to have terms of 4 years, whether such terms of office shall be staggered. If it is determined by ordinance that the terms of office shall be staggered, the mayor and the three councilmen holding office on the date of the ordinance shall decide by lot among themselves which two of their offices shall expire at the general election which next follows the date of the ordinance, and thereafter the terms of office shall be 4 years.
3. A candidate for any office to be voted for at the general city election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of the general city election. 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 in an amount fixed by the city council by ordinance.
[3.] 4. Candidates for mayor shall be voted upon by the electors of the city at large. Candidates for councilmen shall be voted upon by the electors of their respective wards to represent the wards in which they reside, or by the electors of the city at large to represent the wards in which they reside, in accordance with the provisions of this chapter.
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Senate Bill No. 416Committee on Health and Welfare
CHAPTER 579
AN ACT relating to services for crippled children; authorizing the state health officer to recover costs for treatment for crippled children; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 442 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state health officer may recover costs of corrective treatment for crippled children from the parents of the child who receives the treatment.
κ1969 Statutes of Nevada, Page 1091 (CHAPTER 579, SB 416)κ
for crippled children from the parents of the child who receives the treatment.
2. The state health officer shall investigate the financial circumstances of any parent who applies for corrective treatment to determine whether part or all of the expenses for treatment should be paid for by such parent.
3. The state health officer may authorize corrective treatment for a crippled child at state expense when it is determined that the parents of the child are indigent.
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Senate Bill No. 427Senator Farr
CHAPTER 580
AN ACT to amend an act entitled An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949, as amended.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3.04 of article III of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 376, is hereby amended to read as follows:
Section 3.04. The city council shall hold regular meetings on the second and fourth Mondays of each month and shall continue in session from day to day until the unfinished business of each regular meeting shall have been fully and finally disposed of, so far as practicable. If the second or fourth Monday of a month falls on a holiday or other day of national importance commonly recognized as a holiday, the city council may, at the meeting which immediately precedes the regular meeting, provide for another regular meeting time on a day as soon after the regular meeting day as is practicable. Special meetings may also be held on a call of the mayor, or by a majority of the council; provided, that no contract involving the expenditure of money shall be made or any ordinance passed, except an emergency ordinance as hereinafter provided, or claim allowed at any such special meeting; and provided further, that no business shall be transacted at such special meeting except such as shall be stated in the call therefor.
Sec. 2. Section 4 of article IV of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 469, Statutes of Nevada 1965, at page 1259, is hereby amended to read as follows:
Section 4. There shall be a city clerk who [may be ex officio treasurer and tax receiver and license collector of the city. He] shall be elected by the qualified electors of the city at each general municipal election. He shall be a bona fide resident of the city of Sparks for at least 3 years prior to his election and a taxpayer therein. [As city clerk he] He shall have the custody of all books and records, the corporate seal, and all documents not otherwise provided for. He shall be clerk of the council [,] and shall attend all its proceedings.
κ1969 Statutes of Nevada, Page 1092 (CHAPTER 580, SB 427)κ
the council [,] and shall attend all its proceedings. [, and shall audit all claims against the city.] He shall record in a journal all ordinances, bylaws, rules, and resolutions passed or adopted by the council, which journal, after approval at each regular meeting shall be signed by the mayor and attested under the hand of the clerk. [He shall countersign all licenses and permits issued to any officer for the use of the city, and shall charge such officer with the same. He shall collect all license fees imposed by any ordinance. He shall countersign all warrants drawn upon the treasurer by the mayor.] The city clerk may use a facsimile signature in place of his handwritten signature whenever necessary or convenient. He shall, when required, make and certify, under the seal of the city, copies of any and all papers, documents or records in his custody, and such copies shall be prima facie evidence of the matters therein contained, and he shall have the power to administer oaths and affirmations. All claims against the city shall be filed with the clerk, who shall report upon the same and all matters pertaining to his office at least once each month, or oftener as the council shall prescribe, which report shall be in writing and under oath. The city clerk shall receive for his services [as such, as well as for services performed by him ex officio, such annual] such salary as may be prescribed from time to time by ordinance. [, payable semi-monthly.]
Sec. 3. Section 5 of article V of the above-entitled act, being chapter 180, Statutes of Nevada, 1949 as amended by chapter 136, Statutes of Nevada 1967, at page 214, is hereby amended to read as follows:
Section 5. [As ex officio treasurer of the city, the clerk] There shall be a city treasurer, who may also be the tax receiver and shall be the license collector of the city. He shall be appointed by the mayor with the approval of the city council, subject to the provisions of chapter XIX of this charter. He shall receive for his services such annual salary as may be prescribed from time to time by the city council. He shall collect all license fees imposed by any ordinance. The city treasurer shall receive and safely keep and deposit in a depository, or depositories, designated by the city council all moneys that shall come to the city by taxation or otherwise, and pay the same out only on claims duly allowed by the council, except the interest or principal of any municipal bonded indebtedness, and shall perform such other and further duties as may be required of him or prescribed by the council. [As] The city treasurer [, the city clerk] shall before entering upon the duties of his office execute a good and sufficient official bond with approved sureties, in such sum and conditioned as may be required by the council. [The city clerk shall not be entitled to any additional compensation by reason of any services performed by him as ex officio treasurer of the city; provided, the city council may, in the exercise of its sound discretion, segregate the office of city clerk from that of treasurer of the city, in which case, the manner of selection or election of the city treasurer, salary and duties shall be fully defined, fixed and determined by ordinance.] The city treasurer shall countersign all checks and warrants drawn upon the treasury of the city of Sparks. The city treasurer is authorized to use a facsimile signature in place of his handwritten signature whenever necessary or convenient.
Sec. 4. Section 8 of article VIII of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 523, Statutes of Nevada 1967, at page 1479, is hereby amended to read as follows:
κ1969 Statutes of Nevada, Page 1093 (CHAPTER 580, SB 427)κ
Statutes of Nevada 1967, at page 1479, is hereby amended to read as follows:
Section 8. There shall be a police judge, who shall be elected by the qualified electors of the city at each general municipal election and he shall hold office for the term of 4 years and until his successor shall be duly elected and qualified. He shall be a bona fide resident of the city of Sparks for at least 3 years prior to his election and a taxpayer on real property therein. He shall execute and file such bond as the council by ordinance shall prescribe. The police judge shall have the jurisdiction and powers in the city, as are now provided by law for justices of the peace, wherein any person or persons are charged with a breach of violation of the provisions of any ordinance of the city or of this charter, of a police nature; provided, that the trial and proceedings in such cases shall be summary and without a jury. The police judge shall have jurisdiction to try, hear, and determine all cases, whether civil or criminal, for a breach or violation of any city ordinance or any provisions of this charter of a police nature and shall hear, try, determine, acquit, convict, commit, fine, or hold to bail in accordance with the provisions of such ordinance. The practice and proceedings in the court shall conform as nearly as practicable to the practice and proceedings of justices courts in similar cases. Fines imposed by the police judge may be recovered by execution against the property of the defendant, or the payment thereof may be enforced by imprisonment in the city jail of the city at the rate of one day for each $4 of such fine, or the police judge may at his discretion adjudge and enter upon his docket a supplemental order that such offender shall work on the streets or public works of the city at a rate of [$4] $6 for each day of sentence, which shall apply on such sentence or fine until the same be exhausted or otherwise satisfied. If a sentence of imprisonment is imposed, the police judge may order intermittent periods of incarceration so long as the entire sentence will be completed within 6 months from the date of sentence. The periods of incarceration may be varied from time to time with consent of the defendant, but the total time of incarceration may not be increased.
Sec. 5. Section 15.01 of article XV of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 140, Statutes of Nevada 1967, at age 261, is hereby amended to read as follows:
Section 15.01. 1. The city council shall have the power to borrow money from time to time to defray, wholly or in part, the cost of acquiring the facilities, or for any other public purpose as determined by the city council, notwithstanding that such purpose is not otherwise enumerated in this charter or any other general or special act, and to issue debentures, warrants, bonds, interim receipts, temporary certificates, temporary bonds and notes (hereafter sometimes collectively referred to in this article as securities) to evidence such borrowing.
2. The council may pledge the full faith and credit of the city for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the general obligations of the city payable from the proceeds of general (ad valorem) taxes (hereafter sometimes referred to in this section as tax proceeds) levied without limitation of rate or amount, except for constitutional limitations, and from any other revenues of the city other than tax proceeds available therefor (hereafter sometimes referred to in this section as other revenues of the city).
κ1969 Statutes of Nevada, Page 1094 (CHAPTER 580, SB 427)κ
amount, except for constitutional limitations, and from any other revenues of the city other than tax proceeds available therefor (hereafter sometimes referred to in this section as other revenues of the city). Their payment may be additionally secured by a specific pledge of other revenues of the city, or part thereof (subject to any prior pledges), and the council may cause to be deposited such other revenues of the city so pledged in any fund or funds created to pay the securities or created additionally to secure their payment.
3. The council may directly pledge other revenues of the city, or any part thereof (subject to the prior payment of the operation and maintenance expenses, if any, incurred by the city or its instrumentalities in producing such revenues and to any other prior pledges) for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the special obligations of the city payable directly from the other revenues of the city so pledged, and their payment may be additionally secured by a specific pledge of tax proceeds to be utilized in such amounts and in such manner as the council may determine. Securities issued pursuant to this subsection 3 or the next-preceding subsection 2 of this section 15.01 shall not be construed to be a debt within the meaning of any statutory or charter limitation.
4. (a) Each series of securities shall be authorized by ordinance and shall bear such date or dates, shall be in such convenient denomination or denominations, shall mature at any time or times from and after such date or dates, but in no event exceeding 35 years thereafter, and shall bear interest at a rate or rates not exceeding 7 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons appertaining to any securities may represent interest for any period not in excess of 1 year, as may be prescribed by the authorizing ordinance; and such securities and any coupons shall be payable in such medium of payment at any banking institution, the office of the city [clerk] treasurer or at such other place or places within or without the state as determined by the council; and such securities, at the option of the council, may be in one or more series, may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding [6] 7 percent of the principal amount of such securities so redeemed as determined by the council.
(b) Each series of securities issued pursuant to subsection 2 of this section 15.01 shall mature, insofar as practicable, in substantially equal annual installments of principal, or upon an amortization plan for such securities so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on such securities, or upon an amortization plan for all general obligation securities of the city so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all such outstanding securities of the city; but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or at the option of the council without limitation as to the manner in which they mature.
κ1969 Statutes of Nevada, Page 1095 (CHAPTER 580, SB 427)κ
(c) Each series of securities issued pursuant to subsection 3 of this section 15.01 may mature without imitation as to time, manner or amount but not exceeding the maximum term heretofore specified.
(d) Securities may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the securities is not represented by interest coupons, the securities may provide for the endorsing of payments of interest thereon; and the securities generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into securities of other denominations, and with such other details, as may be provided by the council in the ordinance or ordinances authorizing the securities, except as herein otherwise provided.
(e) Pending preparation of the definitive securities, interim or temporary securities, in such form and with such provisions as the council may determine, may be issued.
(f) Except for payment provisions herein expressly provided, the securities, any interest coupons thereto attached, and such interim or temporary securities shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law and the Uniform Commercial Code-Investment Securities.
(g) Notwithstanding any other provision of law, the council, in any proceedings authorizing securities hereunder:
(1) May provide for the initial issuance of one or more securities (in this paragraph (g) called bond) aggregating the amount of the entire issue or any portion thereof.
(2) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(3) May 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.
(4) May 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 securities of smaller denominations, which securities of smaller denominations may in turn be either coupon securities or securities registrable as to principal, or both principal and interest, at the option of the holder.
(h) If lost or completely destroyed, any security may be reissued in the form and tenor of the lost or destroyed security upon the owners furnishing, to the satisfaction of the council:
(1) Proof of ownership.
(2) Proof of loss or destruction.
(3) A surety bond in twice the face amount of the security and coupons.
(4) Payment of the cost of preparing and issuing the new security.
(i) Any security shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the treasurer, with the seal of the city affixed thereto and arrested by the clerk.
(j) Except for such securities which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the securities and shall bear the original or facsimile signature of the treasurer.
κ1969 Statutes of Nevada, Page 1096 (CHAPTER 580, SB 427)κ
(k) 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 security or coupon herein authorized, provided that such a filing is not a condition of the valid execution with a facsimile signature of any interest coupon, and provided that at least one signature required or permitted to be placed on each security (excluding any interest coupon) shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
(l) The clerk may cause the seal of the municipality to be printed, engraved, stamped or otherwise placed in facsimile on any security. The facsimile seal has the same legal effect as the impression of the seal.
(m) The securities and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the city, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
(n) Any officer herein authorized or permitted to sign any security, 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 security or coupons pertaining thereto, or upon both the security and such coupons.
(o) The securities shall otherwise be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details as may be determined by the ordinance and shall be printed at such place or places, within or without the State of Nevada, as the council may determine.
5. Any ordinance authorizing the issuance of securities pursuant to subsection 2 or 3 of this section 15.01 or any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred hereby), in order to secure the payment of such securities, in agreement with the holders and owners of such securities, as to any one or more of the following:
(a) The service charges, and any taxes to be fixed, charged or levied, and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or commodities, or use of any revenue-producing project, prohibition against free service, the collection of penalties and collection costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the city, derived or to be derived, from any source.
(b) The acquisition, improvement or equipment of all or any part of any revenue-producing project.
(c) The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any securities or of operation and maintenance expenses of any revenue-producing project, or part thereof, and the source, custody, security, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto.
κ1969 Statutes of Nevada, Page 1097 (CHAPTER 580, SB 427)κ
(d) A fair and reasonable payment by the city from its general fund or other available moneys to the account of a designated project for any facilities or commodities furnished or services rendered thereby to the city or any of its departments, boards or agencies.
(e) The purpose or purposes to which the proceeds of the sale of securities may be applied, and the custody, security, use, expenditure, application and disposition thereof.
(f) The payment of the principal of and interest on any securities, and the sources and methods thereof, the rank or priority of any securities as to any lien or security for payment, or the acceleration of any maturity of any securities, or the issuance of other or additional securities payable from or constituting a charge against or lien upon any revenues pledged for the payment of securities and the creation of future liens and encumbrances thereagainst, and limitations thereon.
(g) The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of any revenues of the city.
(h) The determination or definition of revenues from any revenue-producing project or of the expenses of operation and maintenance of such, the use and disposition of such revenues and the manner of and limitations upon paying such expenses.
(i) The insurance to be carried by the city and use and disposition of insurance moneys, the acquisition of completion or surety bonds, appertaining to any project or funds, or both, and the use and disposition of any proceeds of such securities.
(j) Books of account, the inspection and audit thereof, and other records appertaining to a revenue-producing project herein authorized.
(k) The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of a revenue-producing project or any securities having or which may have a lien on any part of any revenues of the project.
(l) Limitations on the powers of the city to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with any revenue-producing project.
(m) The vesting in a corporate or other trustee or trustees of such property rights, powers and duties in trust as the city may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the holders of securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.
(n) The payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities.
(o) The procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of securities may be amended or abrogated, the amount of securities the holders of which must consent thereto, and the manner in which such consent may be given or evidenced.
(p) Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the city of any covenants, conditions or obligations.
κ1969 Statutes of Nevada, Page 1098 (CHAPTER 580, SB 427)κ
(q) The terms and conditions upon which the holders of the securities or any portion, percentage or amount of them may enforce any covenants or provisions made hereunder or duties imposed thereby.
(r) The terms and conditions upon which the holders of the securities or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of the revenue-producing project, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the city itself might do.
(s) A procedure by which the terms of any ordinance authorizing securities, or any other contract with any holders of securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of securities the holders of which must consent thereto and the manner in which such consent may be given.
(t) The terms and conditions upon which any or all of the securities shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.
(u) All such acts and things as may be necessary or convenient or desirable in order to secure the citys securities, or in the discretion of the council tend to make the securities more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the city power to do all things in the issuance of securities and for their security except as herein specifically limited.
6. The council is hereby authorized to sell securities at one time, or from time to time, as the council may determine, at public sale in accordance with NRS 350.616 to 350.626, inclusive, or at private sale. The council may employ legal, fiscal, engineering and other expert services in connection with the authorization, issuance and sale of such securities.
7. Except as hereinafter provided, the question of the issuance of such securities shall be submitted to, and carried by a majority vote of, both the real property owners and their spouses and also the other qualified electors of the city voting thereon at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.020 to 350.070, inclusive, and the general laws of the state; but the council may dispense with the requirement for an election by the unanimous vote of all members of the council (excluding the mayor) and submit a resolution authorizing the securities to the referendum procedure hereafter provided. In that event, and in the case of every franchise (no election being required on franchises except as hereafter provided), the council shall first pass a resolution which shall set forth fully, and in detail, the purpose or purposes of the proposed securities, the terms, amount, maximum rate of interest, and time within which redeemable and on what fund; or the applicant for, the purpose and character of, terms, time, and conditions of the proposed franchise, as the case may be. Such resolution shall be published in full in some newspaper published in the city or county, for at least two publications in the 2 weeks succeeding its passage. On the first regular meeting of the council, after the expiration of the period of such publication, the council shall, unless a petition shall be received by it as in the next section provided, proceed to pass an ordinance for the issuing of the securities, or the granting of the franchise, as the case may be; provided, that such securities shall be issued or franchise granted, as the case may be, only on substantially the same terms and conditions as expressed in the resolution as published; otherwise such ordinance shall be null and void.
κ1969 Statutes of Nevada, Page 1099 (CHAPTER 580, SB 427)κ
expiration of the period of such publication, the council shall, unless a petition shall be received by it as in the next section provided, proceed to pass an ordinance for the issuing of the securities, or the granting of the franchise, as the case may be; provided, that such securities shall be issued or franchise granted, as the case may be, only on substantially the same terms and conditions as expressed in the resolution as published; otherwise such ordinance shall be null and void.
Sec. 6. Section 15.02 of article XV of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 356, Statutes of Nevada 1963, at page 781, is hereby amended to read as follows:
Section 15.02. The ordinance passed, as in the next preceding section provided for, shall be valid to all intents and purposes as other ordinances fully and legally passed by the council, and any securities issued, or franchise granted thereby, shall be in all respects valid and legal; provided, that if at any time within 12 days from the date of the first publication of the resolution mentioned in the preceding section, a petition signed by not less than 100 residents [of the city over the age of 21 years] and taxpayers in the city, according to the next preceding assessment roll, shall be presented to the council, praying for a special election in the city upon the question of whether or not the proposed ordinance shall be passed, then it shall be the duty of the council to call a special election as soon as practicable; and notice shall be given in some newspaper published in the city or county, which notice shall refer to the resolution hereinbefore mentioned; and the notice shall be published at least three times during the period of the 2 weeks preceding such election. The council shall in due time make provision for holding such special election, and the city clerk shall prepare, at the expense of the city, suitably printed stationery for use as ballots. All elections to determine the issuance or nonissuance of bonds shall conform to the requirements of NRS 350.020 to 350.070, inclusive, and the general laws of the state insofar as the same may be applicable.
Sec. 7. This act shall become effective upon passage and approval.
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Senate Bill No. 431Committee on Judiciary
CHAPTER 581
AN ACT relating to mechanics liens; defining the term record owner.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.227 is hereby amended to read as follows:
108.227 1. In addition to the requirements of NRS 108.226, a copy of the claim shall be served upon the record owner of the property within 30 days, in one of the following ways:
[1.] (a) By delivering a copy to the owner personally; or
κ1969 Statutes of Nevada, Page 1100 (CHAPTER 581, SB 431)κ
[2.] (b) If he is absent from his place of residence, or from his usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the owner at his place of residence or place of business; or
[3.] (c) If such place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, then by fixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found, and also sending a copy through the mail addressed to the owner at the place where the property is situated.
2. As used in this section, record owner means any person who or any corporation or association which holds an interest in real estate or the improvements thereon evidenced by a conveyance or other instrument which is recorded in the office of the county recorder of the county in which such property is located. Failure to serve a copy of the claim upon any person who or corporation or association which holds an interest in the real estate or improvements does not invalidate a claim based upon a valid service upon any other person who or corporation or association which holds an interest in the real estate or improvements.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 459Committee on Labor
CHAPTER 582
AN ACT relating to industrial insurance; amending the Nevada Industrial Insurance Act to extend coverage to supporting bands and orchestras; authorizing enforcement of the Nevada Industrial Insurance Act by the use of extraordinary writs; providing additional procedures for the consideration and determination of claims; providing additional factors for the determination of residual physical disability; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.060 is hereby amended to read as follows:
616.060 Employee excludes:
1. Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his employer.
2. Any person engaged as a theatrical or stage performer [but not including employees of bona fide producers of motion pictures.] or in an exhibition except members of local supporting bands and orchestras commonly known as house bands.
3. Any person engaged in household domestic service, farm, dairy, agricultural or horticultural labor, or in stock or poultry raising, except as otherwise provided in this chapter.
4. All stockholders in corporations whose business is exclusively that of ranching, agriculture or farming, who receive compensation for services rendered the corporation; provided, that the stock of the corporation is not dealt in on the market or is not sold for the purpose of financing the corporation.
κ1969 Statutes of Nevada, Page 1101 (CHAPTER 582, SB 459)κ
is not dealt in on the market or is not sold for the purpose of financing the corporation.
Sec. 2. NRS 616.205 is hereby amended to read as follows:
616.205 1. The commission is authorized and empowered to prosecute, defend and maintain actions in the name of the commission for the enforcement of the provisions of this chapter [.] and shall have the right to all extraordinary writs provided by the constitution of the State of Nevada, the statutes of this state and the Nevada Rules of Civil Procedure in connection therewith for the enforcement thereof.
2. Verification of any pleading, affidavit or other paper required may be made by any commissioner or by the secretary.
3. In any action or proceeding or in the prosecution of any appeal by the commission, no bond or undertaking shall ever be required to be furnished by the commission.
Sec. 3. NRS 616.220 is hereby amended to read as follows:
616.220 The commission shall:
1. Adopt reasonable and proper rules to govern its procedure.
2. Prescribe the time within which adjudications and awards shall be made.
3. Prepare, provide and regulate forms of notices, claims and other blank forms deemed proper and advisable.
4. Furnish blank forms upon request.
5. Regulate the nature and extent of the proofs and evidence, and the method of taking and furnishing the same, to establish the rights to compensation from the state insurance fund and the accident benefit fund.
6. Provide the method of making investigations, physical examinations, and inspections.
7. Prescribe the methods by which the staff of the commission may approve or reject claims, and may determine the amount and nature of benefits payable in connection therewith. Every such approval, rejection and determination shall be subject to review by the commission.
8. Provide for adequate notice to each claimant of his right:
(a) To review by the commission of any determination or rejection by the staff.
(b) To judicial review of any final decision by the commission.
Sec. 4. NRS 616.435 is hereby amended to read as follows:
616.435 1. All disbursements from the compensation payment fund shall be paid by the state treasurer upon warrants or vouchers of the commission authorized and executed by [a majority of] the commission [and signed by one commissioner and countersigned by the auditor or other bonded employee of the commission. The auditor or such other employee of the commission so countersigning shall be required to furnish a good and sufficient bond in an amount determined by the commission, which bond shall be approved by the governor and the attorney general.] pursuant to chapter 351 of NRS (Uniform Fascimile Signatures of Public Officials Act). The state treasurer shall be liable on his official bond for the faithful performance of his duty as custodian of the compensation payment fund. The State of Nevada shall not be liable for the payment of any compensation or any salaries or expenses in the administration of this chapter, except from the compensation payment fund, but shall be responsible for the safety and preservation of the state insurance fund.
κ1969 Statutes of Nevada, Page 1102 (CHAPTER 582, SB 459)κ
but shall be responsible for the safety and preservation of the state insurance fund.
2. A sum of $200,000 in the aggregate may be regularly maintained on deposit by the commission in all the collection depositary banks. Such fund kept currently on deposit shall be used for the transaction of the ordinary business and functions of the commission, including compensation. Such fund shall be a trust fund, and shall not be removed or drawn upon except on checks or drafts of the commission authorized and executed by [a majority of] the commission [and signed by at least one commissioner and countersigned by the auditor of the commission, or other bonded employee designated by the commission,] pursuant to chapter 351 of NRS (Uniform Facsimile Signatures of Public Officials Act), and shall be made payable to the state treasurer for the compensation payment fund.
3. Anything to the contrary in this chapter notwithstanding, the commission shall authorize disbursements from the accident benefit fund and the compensation payment fund to provide all benefits provided for in this chapter.
Sec. 5. NRS 616.590 is hereby amended to read as follows:
616.590 1. In case of any of the following specified injuries, the disability caused thereby shall be deemed a permanent partial disability, and, in addition to the compensation paid for temporary total disability, compensation of 50 percent of the average monthly wage, subject to a minimum of $60 per month and a maximum of $200 per month, shall be paid for the period named in the following schedule:
Arms.
Amputation at shoulder or between shoulder and elbow, major arm ..................................................................................... 60 months
Amputation at shoulder or between shoulder and elbow, minor arm ..................................................................................... 50 months
Amputation at elbow, major arm...................................... 56 2/3..................................................................................... months
Amputation at elbow, minor arm...................................... 46 2/3..................................................................................... months
Amputation between elbow and wrist joint, major arm 53 1/3..................................................................................... months
Amputation between elbow and wrist joint, minor arm 43 1/3..................................................................................... months
The permanent and complete loss of the use of an arm may be deemed the same as the loss of an arm by separation.
For the partial loss of use of an arm, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of an arm, which the partial loss of use thereof bears to the total loss of use of an arm.
Eyes and loss of sight.
For the loss of an eye by enucleation............................. 50 months For the permanent and complete loss of sight in one eye without enucleation................. 40 months
κ1969 Statutes of Nevada, Page 1103 (CHAPTER 582, SB 459)κ
For the permanent and complete loss of sight in one eye without enucleation................................................................ 40 months
For partial loss of sight, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for complete loss of sight, which the partial loss thereof bears to the total loss of sight.
Feet.
For the loss of a foot......................................................... 40 months
The permanent and complete loss of the use of a foot may be deemed the same as the loss of a foot by separation.
For the partial loss of a foot, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a foot, which the partial loss of use thereof bears to the total loss of use of a foot.
Fingers and thumbs.
For the loss of a thumb..................................................... 15 months
For the loss of one-half of the distal phalange of a thumb 4..................................................................................... months
For the loss of a first finger, commonly called the index finger ..................................................................................... 9 months
For the loss of one-half of the distal phalange of a first finger ..................................................................................... 2 1/2 months
For the loss of a second finger........................................ 7 months
For the loss of one-half of a distal phalange of a second finger ..................................................................................... 1 1/2 months
For the loss of a third finger............................................. 5 months
For the loss of a fourth finger, commonly called the little finger ..................................................................................... 4 months
The permanent and complete loss of the use of a finger or thumb may be deemed the same as the loss of a finger or thumb by separation.
The loss of more than one phalange of the thumb or finger shall be considered as the loss of the entire finger or thumb, but in no case shall the amount received for more than one thumb or finger exceed the amount provided in this section for the loss of a hand.
The loss of a distal or second phalange of the thumb, or the distal or third phalange of the first, second, third or fourth finger shall be considered a permanent partial disability and equal to the loss of one-half of such thumb or finger, and compensation shall be one-half of the amount specified for the loss of the entire thumb or finger.
κ1969 Statutes of Nevada, Page 1104 (CHAPTER 582, SB 459)κ
For the partial loss of use of a finger or thumb, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a finger or thumb, which the partial loss of use thereof bears to the total loss of use of a finger or thumb.
Hands.
Amputation of major hand at wrist.................................. 50 months
Amputation of minor hand at wrist................................. 40 months
The permanent and complete loss of the use of a hand may be deemed the same as the loss of a hand by separation.
For the partial loss of use of a hand, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a hand, which the partial loss of use thereof bears to the total loss of use of a hand.
Head and facial disfigurement.
For permanent disfigurement about the head or face the commission may allow such sum for compensation thereof as it may deem just in accordance with the proof submitted, for a period not to exceed 12 months.
Hearing.
For permanent and complete loss of hearing in both ears ..................................................................................... 60 months
For permanent and complete loss of hearing in one ear 20..................................................................................... months
For partial loss of hearing, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for complete loss of hearing, which the partial loss thereof bears to the total loss of hearing.
Legs.
For the loss of a leg........................................................... 50 months
The permanent and complete loss of the use of a leg may be deemed the same as the loss of a leg by separation.
For the partial loss of use of a leg, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a leg, which the partial loss of use thereof bears to the total loss of use of a leg.
Toes.
For the loss of a great toe................................................. 7 months
For the loss of one of the other toes, other than the great toes ..................................................................................... 2 1/2 months The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe and compensation shall be one-half of the amount specified.
κ1969 Statutes of Nevada, Page 1105 (CHAPTER 582, SB 459)κ
The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe and compensation shall be one-half of the amount specified.
The loss of more than one phalange shall be considered as the loss of the entire toe.
The permanent and complete loss of the use of a toe may be deemed the same as the loss of a toe by separation.
For the partial loss of use of a toe, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a toe, which the partial loss of use thereof bears to the total loss of use of a toe.
2. Anything in this section to the contrary notwithstanding, in such cases in which the specific injuries designated in subsection 1 result in a residual physical disability to parts of the body other than the members affected, the commission may consider and award additional compensation taking into consideration, among other things:
(a) Any previous disability;
(b) The occupation of the injured employee;
(c) The nature of the physical injury;
(d) The age of the employee; and
(e) Such other factors as may be compatible with the injury incurred.
Sec. 6. This act shall become effective at 12:01 a.m. on July 1, 1969.
________
Senate Bill No. 497Committee on Labor
CHAPTER 583
AN ACT relating to the labor commissioner; enabling the labor commissioner to employ a chief assistant and contract for certain legal services; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 607 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The labor commissioner may provide for contract services by legal counsel for assistance in administering the labor and industrial relations laws of this state.
Sec. 2. NRS 607.060 is hereby amended to read as follows:
607.060 The labor commissioner may employ one chief assistant, who shall be in the unclassified service of the state, stenographic and clerical help and statistical assistance.
κ1969 Statutes of Nevada, Page 1106 (CHAPTER 583, SB 497)κ
clerical help and statistical assistance. Compensation of such employees shall be fixed in accordance with the provisions of chapter 284 of NRS.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 498Committee on Finance
CHAPTER 584
AN ACT making an appropriation from the general fund in the state treasury for the special support of the Nevada State High School Rodeo Association, Inc.
[Approved April 24, 1969]
Whereas, The Nevada State High School Rodeo Association, Inc., is a corporation created by and existing under the laws of the State of Nevada; and
Whereas, The purpose of the association is to promote the interests of the young people of this state; and
Whereas, The association needs financial assistance to sponsor the attendance of high school students as Nevada representatives to the annual finals of the National High School Rodeo Association; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. There is hereby appropriated from the general fund in the state treasury to the directors of the Nevada State High School Rodeo Association, Inc., for the sponsoring of representatives to the annual finals of the National High School Rodeo Association:
(a) For the fiscal year commencing July 1, 1969, and ending June 30, 1970, the sum of $2,500.
(b) For the fiscal year commencing July 1, 1970, and ending June 30, 1971, the sum of $2,500.
2. Any moneys remaining of the sum appropriated by paragraph (a) of subsection 1 on September 1, 1970, shall revert to the general fund in the state treasury. Any moneys remaining of the sum appropriated by paragraph (b) of subsection 1 on September 1, 1971, shall revert to the general fund in the state treasury.
________
κ1969 Statutes of Nevada, Page 1107κ
Senate Bill No. 507Senator Christensen
CHAPTER 585
AN ACT relating to dentistry; authorizing practice under a nonprofit professional service corporation arrangement.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 631.050 is hereby amended to read as follows:
631.050 1. As used in this chapter, dishonorable or unprofessional conduct is declared to include:
(a) Conviction of a felony or misdemeanor involving moral turpitude, or conviction of any criminal violation of this chapter; or
(b) Employing, directly or indirectly, any student or any suspended or unlicensed dentist to perform operations of any kind in treating or correction of the teeth or jaws, except as provided in this chapter; or
(c) The publication or circulation, directly or indirectly, of any fraudulent, false or misleading statement as to the skill or method of practice of any dentists; or
(d) The use of advertising in which reference is made to any anesthetic, drug, formula, material, medicine, method or system used or to be used; or the advertising of the performance of any dental operation without causing pain; or the advertising of any free dental service or examination as an inducement to secure dental patronage; or the advertising of price, cost, charge, fee or terms of credit for the services performed or to be performed, or for material used or to be used, by any person engaged as principal or agent in the practice of dentistry; or the advertising of a guarantee for any dental services; or the advertising of artificial teeth or dentures with or without the use of any representation of a tooth, teeth, bridgework or denture, or of any portion of the human head, or the exhibition or use of specimens of dental work, large display signs, glaring light signs, electric or neon, or any signs, posters or other media calling attention of the public to any person engaged in the practice of dentistry. Any person taking up or retiring from the practice of dentistry, changing his place of business or business telephone, or who intends to absent himself from, or return to, his place of business may advertise such fact in a newspaper for not more than 3 successive publications, which advertisement shall not exceed 2 column inches; or
(e) The claiming or inferring of professional superiority over neighboring practitioners; or
(f) The giving of a public demonstration of skill or methods of practicing upon or along the streets or highways or any place other than the office where the licensee is known to be regularly engaged in his practice; or
(g) Fraud or misrepresentation in connection with the securing of a license; or
(h) Willful or repeated violations of the rules of the board of health; or
(i) Division of fees or agreeing to split or divide the fees received for services with any person for bringing or referring a patient, without the knowledge of the patient or his legal representative, but this shall not be construed to forbid licensed dentists from practicing in a partnership and sharing professional fees, [or] to forbid a licensed dentist from employing another licensed dentist or dental hygienist [;] , or to forbid a licensed dentist from rendering services as a member of a nonprofit professional service corporation which has been formed pursuant to chapters 81 and 696 of NRS; or
κ1969 Statutes of Nevada, Page 1108 (CHAPTER 585, SB 507)κ
construed to forbid licensed dentists from practicing in a partnership and sharing professional fees, [or] to forbid a licensed dentist from employing another licensed dentist or dental hygienist [;] , or to forbid a licensed dentist from rendering services as a member of a nonprofit professional service corporation which has been formed pursuant to chapters 81 and 696 of NRS; or
(j) Employing, procuring, inducing, aiding or abetting a person not licensed or registered as a dentist to engage in the practice of dentistry; but the patient practiced upon shall not be deemed an accomplice, employer, procurer, inducer, aider, or abettor within the meaning of this chapter; or
(k) Professional connection or association with, or lending his name to, anyone who is engaged in the illegal practice of dentistry; professional connection or association with any person, firm or corporation holding himself, themselves, or itself out in any manner contrary to this chapter; or
(l) Use of the name clinic, institute, or other title or designation that may suggest a public or semipublic activity; or
(m) Failure to pay license fees; or
(n) Chronic or persistent inebriety, or addiction to drugs, to such an extent as to render him unsafe or unreliable as a practitioner, or such gross immorality as tends to being reproach upon the dental profession; or
(o) Willful negligence in the practice of dentistry or dental hygiene; or
(p) Practice by a dental hygienist in any place not authorized by this chapter; or
(q) Practicing while his license is suspended or without a renewal certificate; or
(r) Practicing under a false or assumed name.
2. The enumeration of the acts in subsection 1 shall not be construed as a complete definition of dishonorable or unprofessional conduct, or as authorizing or permitting the performance of other and similar acts, or as limiting or restricting the board from holding that other or similar acts constitute unprofessional or dishonorable conduct.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 528Committee on Finance
CHAPTER 586
AN ACT relating to state finances; providing for the payment of stale claims; making an appropriation; and providing other matters properly relating thereto.
[Approved April 24, 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 the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. As used in this section stale claim means a claim which is presented by a state agency to the state board of examiners after the date on which it is provided by law that funds appropriated to that state agency for the previous fiscal year shall revert to the fund from which appropriated.
κ1969 Statutes of Nevada, Page 1109 (CHAPTER 586, SB 528)κ
is presented by a state agency to the state board of examiners after the date on which it is provided by law that funds appropriated to that state agency for the previous fiscal year shall revert to the fund from which appropriated.
2. There is hereby created in the state treasury a stale claims fund account. Moneys for such fund account shall be provided by direct legislative appropriation. The stale claims fund account is a continuing account and any moneys in such account shall not revert to the general fund.
3. Upon the approval of a stale claim by the state board of examiners, such claim shall be paid from the stale claims fund account. Payments of stale claims for a state agency shall not exceed the amount of money reverted to the fund from which appropriated by such state agency for the fiscal year in which the obligations represented by the stale claims were incurred.
Sec. 3. A stale claim may be approved and paid at any time, despite the age of the claim, if payable from available federal grants or from a permanent fund in the state treasury other than the general fund.
Sec. 4. There is hereby appropriated from the general fund in the state treasury to the stale claims fund account in the state treasury the sum of $50,000.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 522Senator Gibson
CHAPTER 587
AN ACT relating to counties; providing that certain counties may appoint a county officer to perform the duties of a county auditor; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 251 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of county commissioners of each county having a population of 80,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall appoint a county comptroller, who shall perform all of the duties required of county auditors under this chapter or any other applicable law of this state, including county ordinances.
2. The board may fix the compensation of the county comptroller and may specify the procedures which he shall follow in performing the duties of his office.
3. The county comptroller shall be the chief fiscal officer of his county under the direction of the board of county commissioners.
4. The county comptroller, as directed by the board of county commissioners, shall audit all books and records of any fund or department of the county and report the findings to the board.
κ1969 Statutes of Nevada, Page 1110 (CHAPTER 587, SB 522)κ
5. The county comptroller shall keep an office at the county seat of his county, which shall be kept open in accordance with the provisions of NRS 245.040.
Sec. 2. NRS 251.010 is hereby amended to read as follows:
251.010 1. The county recorder shall be ex officio county auditor [.] in counties having a population of less than 80,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
2. County auditors shall keep an office at the county seat of their county, which shall be kept open in accordance with the provisions of NRS 245.040.
Sec. 3. 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.
(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 [.] in counties having a population of less than 80,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
(10) Justices of the peace.
(11) Constables, except where otherwise provided by law.
2. The following officers shall be appointed:
(a) Notaries public.
κ1969 Statutes of Nevada, Page 1111 (CHAPTER 587, SB 522)κ
(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. 4. This act shall become effective at 12:02 a.m. on July 1, 1969.
________
Senate Bill No. 524Senator Swobe
CHAPTER 588
AN ACT relating to cigarette taxes; changing the date on which remittances of excise taxes on metered stamping machines are due; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 370.265 is hereby amended to read as follows:
370.265 Remittances due the tax commission by any licensed wholesale cigarette dealer for the amount of excise tax set by a supervisor on any metered stamping machine between [July 1 and July 25, 1961,] June 26 and July 10, 1969, shall be payable to the tax commission on [July 25, 1961,] July 10, 1969, and thereafter all such remittances shall be due and payable to the tax commission on the [25th day] 10th day of the month.
________
Senate Bill No. 525Senator Swobe
CHAPTER 589
AN ACT relating to taxation; exempting Nature Conservancy from ad valorem taxes under certain circumstances; and providing other matters properly relating thereto.
[Approved April 24, 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. All real property and improvements thereon acquired by the Nature Conservancy and held for ultimate acquisition by the state or other governmental unit is exempt from taxation except as provided in subsection 2.
2. If the Nature Conservancy transfers such property to any person, partnership, association, corporation or entity other than the state or another governmental unit, the tax imposed by this chapter shall be assessed against such property for each year it was exempt pursuant to subsection 1 and shall be collected as other taxes under this chapter are collected.
κ1969 Statutes of Nevada, Page 1112 (CHAPTER 589, SB 525)κ
assessed against such property for each year it was exempt pursuant to subsection 1 and shall be collected as other taxes under this chapter are collected.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 531Senator Dodge
CHAPTER 590
AN ACT relating to counties; establishing the boundary line between Churchill and Lyon counties; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 243 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The boundary line between Churchill and Lyon counties is hereby defined and established as follows:
Commencing at the intersection of the east line of section 17, T. 14 N., R. 29 E., with the county boundary line between Lyon County and Mineral County, the true point of beginning of the following described line; thence along the line as follows:
Northerly along the east line of sections 17, 8 and 5 to the northeast corner of section 5, T. 14 N., R. 29 E.; thence westerly along the north lines of sections 5 and 6 to the northwest corner of section 6, T. 14 N., R. 29 E.; thence northerly along the east line of sections 36 and 25, T. 15 N., R. 28 E., to the northeast corner of section 25; thence westerly along the north line of section 25 to the northwest corner of section 25; thence northerly along the east line of section 23 to the northeast corner of section 23; thence westerly along the north line of section 23 to the northwest corner of section 23; thence northerly along the east line of section 15 to the northeast corner of section 15; thence westerly along the north line of section 15 to the northwest corner of section 15; thence northerly along the east line of section 9 to the northeast corner of section 9; thence westerly along the north line of section 9 to the northwest corner of section 9; thence northerly along the east line of section 5 to the northeast corner of section 5, T. 15 N., R. 28 E.; thence westerly along the north line of sections 5 and 6 to the southeast corner of section 36, T. 16 N., R. 27 E.; thence northerly along the east line of sections 36 and 25 to the northeast corner of section 25; thence westerly along the north line of section 25 to the northwest corner of section 25; thence northerly along the east line of section 23 to the northeast corner of section 23; thence westerly along the north line of section 23 to the northwest corner of section 23; thence northerly along the east line of section 15 to the northeast corner of section 15; thence westerly along the north line of section 15 to the northwest corner of section 15; thence northerly along the east line of section 9 to the northeast corner of section 9; thence westerly along the north line of section 9 to the northwest corner of section 9; thence northerly along the east line of section 5 to the northeast corner of section 5, T.
κ1969 Statutes of Nevada, Page 1113 (CHAPTER 590, SB 531)κ
westerly along the north line of section 15 to the northwest corner of section 15; thence northerly along the east line of section 9 to the northeast corner of section 9; thence westerly along the north line of section 9 to the northwest corner of section 9; thence northerly along the east line of section 5 to the northeast corner of section 5, T. 16 N., R. 27 E.; thence westerly along the township line between T. 16 N. and T. 17 N. to the southeast corner of section 31, T. 17 N., R. 27 E.; thence northerly along the east line of section 31 to the northeast corner of section 31; thence westerly along the north line of section 31 to the northwest corner of section 31, T. 17 N., R. 27 E.; thence northerly along the range line between R. 26 E. and R. 27 E. to the northeast corner of section 25; thence westerly along the north line of section 25 to the northwest corner of section 25; thence northerly along the east line of section 23 to the northeast corner of section 23; thence westerly along the north line of section 23 to the northwest corner of section 23; thence northerly along the east line of section 15 to the northeast corner of section 15; thence westerly along the north line of section 15 to the northwest corner of section 15; thence northerly along the east line of section 9 to the northeast corner of section 9; thence westerly along the north line of section 9 to the northwest corner of section 9; thence northerly along the east line of section 5 to the northeast corner of section 5, T. 17 N., R. 26 E.; thence westerly along the north line of section 5 to the northwest corner of section 5, T. 17 N., R. 26 E.; thence northerly along the east line of section 31 to the northeast corner of section 31, T. 18 N., R. 26 E.; thence westerly along the north line of section 31 to the northwest corner of section 31; thence northerly along the range line between R. 25 E. and R. 26 E. to the northeast corner of section 1, T. 18 N., R. 25 E.; thence continuing northerly along the range line to the northeast corner of section 13, T. 19 N., R. 25 E.; thence easterly along the south lines of sections 7 and 8 to the south 1/4 corner of section 8, T. 19 N., R. 26 E.; thence northerly along the quarter section line of sections 8 and 5 to the north 1/4 corner of section 5, T. 19 N., R. 26 E.; thence continuing northerly along the quarter section lines of sections 32, 29, 20, 17, 8 and 5, T. 20 N., R. 26 E.; thence easterly along the township line between T. 20 N. and T. 21 N. to the southeast corner of section 32, T. 21 N., R. 26 E.; thence northerly along the east lines of sections 32, 29, 20, 17, 8 and 5, T. 21 N., R. 26 E.; thence easterly along the township line between T. 21 N. and T. 22 N. to the south 1/4 corner of section 33, T. 22 N., R. 26 E.; thence northerly along the quarter section line to the center quarter corner of section 33, T. 22 N., R. 26 E.; thence easterly to the east 1/4 corner of section 33; thence northerly to the northeast corner of section 33, T. 22 N., R. 26 E.; thence westerly along the north line of section 33 to the present county line between Churchill County and Lyon County, the termination of the line.
Sec. 2. NRS 243.235 is hereby amended to read as follows:
243.235 1. The eastern boundary line of Lyon County is hereby changed from the present boundary as established by law to the line of longitude 41°40′ west from Washington, as laid down on DeGroots map of Nevada Territory, published in 1863.
κ1969 Statutes of Nevada, Page 1114 (CHAPTER 590, SB 531)κ
longitude 41°40′ west from Washington, as laid down on DeGroots map of Nevada Territory, published in 1863.
2. All other boundaries of Lyon County, affected by the change of the eastern boundary, shall follow the lines of that portion of Churchill County ceded to Lyon, as established by law.
3. Notwithstanding anything to the contrary in subsections 1 and 2, the boundary line between Lyon and Washoe counties in the vicinity of Fernley and Wadsworth is hereby established as provided in NRS 243.340.
4. Notwithstanding anything to the contrary in this section or NRS 243.230, the boundary line between Lyon and Douglas counties is hereby established as provided in NRS 243.045.
5. Notwithstanding anything to the contrary in this section or NRS 243.230, the boundary line between Lyon and Churchill counties is hereby established as provided in section 1 of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 535Committee on Finance
CHAPTER 591
AN ACT fixing the state ad valorem tax levies for the 2 fiscal years commencing July 1, 1969, and ending June 30, 1970, and commencing July 1, 1970, and ending June 30, 1971; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year commencing July 1, 1969, and ending June 30, 1970, an ad valorem tax of 25 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation.
Sec. 2. For the fiscal year commencing July 1, 1970, and ending June 30, 1971, an ad valorem tax of 25 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 1115κ
Senate Bill No. 302Senator Manning
CHAPTER 592
AN ACT relating to state personnel; relaxing the limitation for accumulating sick leave; providing for forfeiture; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 284.355 is hereby amended to read as follows:
284.355 1. Except as provided in subsections 2 and 3, all employees in the public service, whether in the classified or unclassified service, shall be entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year. [not to exceed 90 working days.] After an employee has accumulated 90 working days of sick leave, the amount of additional unused sick leave which he is entitled to carry forward from one year to the next is limited to one-half of the unused sick leave accrued during that year. The personnel division may by regulation provide for additional sick and disability leave for long term employees, and for prorated sick and disability leave for part-time employees.
2. Officers and members of the faculty of the University of Nevada shall be entitled to sick and disability leave as provided by the rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.
3. The personnel division may by regulation provide policies concerning employees with mental or emotional disorders which will:
(a) Utilize a liberal approach to the granting of sick leave or leave without pay when it is necessary for them to be absent for treatment or temporary hospitalization.
(b) Retain their jobs for reasonable periods of absence, and where extended absence necessitates separation or retirement, reemploy them if at all possible after recovery.
(c) Protect employee benefits such as retirement, life insurance and health benefits.
4. The personnel division may investigate any instance in which it believes that an employee has taken sick or disability leave to which he was not entitled. If, after notice to the employee and a hearing, the commission determines that an employee has in fact taken sick or disability leave to which he was not entitled, the commission may order the forfeiture of all or part of the accrued sick leave of such employee.
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κ1969 Statutes of Nevada, Page 1116κ
Senate Bill No. 178Senator Titlow
CHAPTER 593
AN ACT relating to unincorporated towns; providing an additional method of electing town board members; increasing the powers of the town board; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 269 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If the establishment of a town board form of government is proposed by initiative petition, and the proposal is submitted to the electors, prospective members of the town board shall be elected at the same election in which such proposal is submitted to the electors.
2. Any person who is a resident, is a qualified elector and desires to become a candidate for the position of town board member shall, at least 30 days before the date of such election, file in the office of the county clerk a notice of his intention to become such a candidate. Such notice of intention shall show that such person possesses the qualifications required by this section. Each person filing the notice of intention as required by this section is entitled to have his name placed on the official ballot.
3. If the proposal to establish a town board form of government is approved at the election, members of the town board elected pursuant to this section shall serve as such members until the next general election.
Sec. 2. NRS 269.0165 is hereby amended to read as follows:
269.0165 1. A town board form of government may be adopted by means of initiative petition of the residents of such town.
2. The procedures established by NRS 295.085 to 295.125, inclusive, for the adoption of county ordinances by initiative petition shall be followed by such residents and each document of the petition shall set forth briefly the proposal to establish a town board form of government. The election required to be held if the proposal is not adopted by the board of county commissioners shall be held not less than 30 days nor more than 60 days after the date of the final board vote thereon.
3. [If a town board form of government is so adopted, members] Members of the town board shall be appointed and elected as provided in:
(a) NRS 269.017 [.] , if the proposal to adopt the town board form of government is approved by the board of county commissioners; or
(b) Section 1 of this act, if such proposal is submitted to the electors for their approval.
4. This section does not apply to any county having a population of 50,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 3. NRS 269.021 is hereby amended to read as follows:
269.021 Any ordinance adopted or action taken by a town board shall not take effect or become final until the expiration of 30 days after [the clerk of the board of county commissioners has received a copy of the record of the meeting at which such ordinance was adopted or action taken.
κ1969 Statutes of Nevada, Page 1117 (CHAPTER 593, SB 178)κ
taken. During this 30-day period the board of county commissioners may by resolution veto such ordinance or action, and if so vetoed, such ordinance or action shall be ineffective for all purposes.] its adoption.
Sec. 4. This act shall become effective upon passage and approval.
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Senate Bill No. 143Committee on Finance
CHAPTER 594
AN ACT relating to state financial administration; specifying the powers of the state board of examiners and other officers with respect to claims against the state; authorizing the commencement of actions in any courts having jurisdiction of the amounts claimed; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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] :
1. 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
2. For refund of an overpayment,
which claim the state board of examiners or the state controller has refused to audit and allow, in whole or in part, may commence an action in any court [in Ormsby County] having jurisdiction of the amount [, and not elsewhere,] for the recovery of such portion of the claim as shall have been rejected. In such action the State of Nevada shall be named as defendant, and the summons shall be served upon the state controller, and the action shall proceed as other civil actions to final judgment.
Sec. 2. NRS 41.020 is hereby amended to read as follows:
41.020 The attorney general shall defend all such actions on the part of the state. The state controller shall cause to be subpenaed and examined such witnesses and procure and cause to be introduced such documentary evidence as he shall deem necessary for the defense. Appeals may be taken in all such actions by the state controller or the attorney general in behalf of the state.
Sec. 3. NRS 41.036 is hereby amended to read as follows:
41.036 1. No action shall be brought under NRS 41.031 against a county without complying with the requirements of NRS 244.245 to 244.255, inclusive, or against a city without complying with the requirements of NRS 268.020, or against an unincorporated town without complying with the provisions of NRS 269.085, or against the state or any agency or other political subdivision of the state without complying with the requirements of subsection 2 or 3 of this section.
κ1969 Statutes of Nevada, Page 1118 (CHAPTER 594, SB 143)κ
2. Every claim against the state arising out of contract shall be presented in accordance with the provisions of NRS 353.085 [to 353.100, inclusive,] or 353.090, and every claim for refund in accordance with the provisions of NRS 353.110 to [353.125,] 353.120, inclusive. Every other claim against the state or any of its agencies shall be presented to the ex officio clerk of the state board of examiners within 6 months from the time the cause of action accrues. He shall within 10 days refer each such claim to the appropriate state agency, office or officer for investigation and report of findings to the board. No action may be brought unless the board refuses to approve or fails within 90 days to act upon the claim.
3. Every claim against any other political subdivision of the state shall be presented, within 6 months from the time the cause of action accrues, to the governing body of that political subdivision. No action may be brought unless the governing body refuses to approve or fails within 90 days to act upon the claim.
Sec. 4. NRS 227.160 is hereby amended to read as follows:
227.160 1. The state controller shall:
(a) Audit all claims against the state, for the payment of which an appropriation or authorization has been made but of which the amount has not been definitely fixed by law, which [shall] have been examined and passed upon by the state board of examiners, or which [shall] have been presented to the board and not examined and passed upon by it within 30 days from their presentation.
(b) Allow of those claims mentioned in paragraph (a) as not having been passed upon by the state board of examiners within 30 days after presentation the whole, or such portion thereof as he [shall deem] deems just and legal; and of claims examined and passed upon by the state board of examiners, such an amount as he [shall decree] decrees just and legal not exceeding the amount allowed by the board.
2. No claim for services rendered or advances made to the state or any officer thereof shall be audited or allowed unless such services or advancement [shall] have been specially authorized by law and an appropriation or authorization made for its payment.
3. For the purpose of satisfying himself of the justness and legality of any claim, he [shall be allowed to] may examine witnesses under oath and [to] receive and consider documentary evidence in addition to that furnished him by the state board of examiners. He shall draw warrants on the state treasurer for such amounts as he [shall allow] allows of claims of the character above described, and also for all claims of which the amount has been definitely fixed by law and for the payment of which an appropriation [shall have] or authorization has been made.
Sec. 5. NRS 227.170 is hereby amended to read as follows:
227.170 The state controller shall:
1. Draw all warrants upon the treasury for money, and each warrant shall express, in the body thereof, the particular fund out of which [the same] it is to be paid, the appropriation under which [the same] it is drawn, and the nature of the service to be paid, and except for the purpose of making inactive deposits no warrant shall be drawn on the treasury unless there is an unexhausted specific appropriation [,] or authorization, by law, to meet [the same.] it.
κ1969 Statutes of Nevada, Page 1119 (CHAPTER 594, SB 143)κ
2. Keep an account of all warrants by him drawn on the state treasury, which accounts shall be kept in such manner as to show monthly the amount of warrants drawn, the amount paid, and the amount outstanding.
3. Keep a record of all appropriations and authorizations in a book provided for that purpose, in which book he shall enter the nature of the appropriation [,] or authorization, referring to the statute authorizing the same, the amount appropriated [,] or authorized, amounts credited by law, accounting debits and credits, the amounts paid therefrom each month, showing assets and expenses, and posting [the same] them to proper ledger accounts, with a yearly total of all payments and the balance remaining, and the amount, if any, reverting.
Sec. 6. NRS 353.090 is hereby amended to read as follows:
353.090 1. [All claims against the state for services or advances, for payment of which an appropriation has been made by law and which have been authorized by law, but of which the amount has not been liquidated and fixed, may be presented to the state board of examiners by an account or petition. The form of the account or petition and the manner of its presentation shall be as prescribed by the rules of the board. No claim against the state for per diem and travel expenses incurred by any state officer or employee shall be notarized, but each such claim shall contain a statement, signed by the claimant, substantially as follows: I declare under the penalties of perjury that this claim (including any accompanying evidence) has been examined by me and to the best of my knowledge and belief is a true and correct claim. The claimant may present his evidence to sustain the demand, which evidence, if oral, shall be reduced to writing. The board shall either reject or allow the claim, in whole or in part, within 30 days from its presentation. If the claim is allowed in whole or in part, the members of the board shall endorse over their signatures: Approved for the sum of...........................dollars, and immediately shall transmit the same so endorsed, together with all the evidence received by the board relating thereto, to the state controller.
2. The state board of examiners may, by rule duly adopted, require the ex officio clerk of the board, after the clerk has checked and audited all claims as required by law, to prepare and submit to the board a complete statement in writing listing all the claims so checked and audited by him, setting forth therein:
(a) The number of the claim.
(b) The name of the claimant.
(c) The nature and substance of the claim.
(d) The amount thereof found due and owing thereon.
Upon the submission of the statement to the board, the board may approve the statement, in whole or in part, within 30 days from its presentation, and shall endorse upon the same, if allowed in its entirety, over the signatures of the members of the board: Each claim approved for the sum total thereof, or if any or all claims so listed are rejected or changed by the board, it shall so be endorsed over the signatures of the members of the board upon the statement. The statement when endorsed by the board shall constitute the action of the board upon the claims presented to the board, and approval of each individual claim shall not be necessary. The statement upon its endorsement, together with the individual claims audited by the clerk of the board and all evidence relating to the claims received by the board, shall be transmitted immediately to the state controller.
κ1969 Statutes of Nevada, Page 1120 (CHAPTER 594, SB 143)κ
to the claims received by the board, shall be transmitted immediately to the state controller.
3. The ex officio clerk of the board shall record all claims submitted to the board.
4.] Every claim for payment from the state treasury pursuant to an appropriation or authorization by the legislature shall be presented to the state board of examiners for a determination of its correctness and the availability of funds within the appropriation or authorization for its payment.
2. The state controller shall not allow or draw his warrant for any claim of the class described in this section which has not been approved by the state board of examiners, or for a greater amount than allowed by the board, except when the claim has not been acted upon by the board within 30 days after its presentation to the board.
Sec. 7. NRS 353.110 is hereby amended to read as follows:
353.110 [NRS 353.110 to 353.125, inclusive, shall apply in making applications for refund of moneys which have been paid into the state treasury in cases where:
1. Through mistake or inadvertence, a county and school district tax for any 1 tax year has, by reason of the assessment of the same piece or pieces of property to two or more persons, been paid two or more times.
2. An executor or administrator of an escheated estate has, by mistake, paid more money into the state treasury than he should have paid.
3. A remission of the assessed valuation on patented mining claims has been ordered by a board having jurisdiction of the matter on account of annual assessment work having been performed thereon, and such remission has not been made by the proper county officers, and taxes on the full valuation have been paid thereon by the owner of such patented mining claims under protest.
4. Where licenses or taxes have been twice paid on the same band of sheep.
5. In the opinion of the state board of examiners, the applicant for refund has a just cause for making such application and the granting of such a refund would be equitable.]
1. Whenever an amount has been paid into a county treasury for taxes which exceeds the amount required by law to be paid for the applicable tax year, and all or part of the amount so paid has been deposited in the state treasury, a claim for refund of that portion of the overpayment which has been deposited in the state treasury may be made only to the state board of examiners.
2. Whenever an overpayment of a license fee, tax or other charge has been made to any state agency or officer, except under the circumstances specified in subsection 1, the agency or officer may, subject to the provisions of any other applicable law, refund the amount of the overpayment after obtaining the approval of the state board of examiners.
Sec. 8. NRS 353.115 is hereby amended to read as follows:
353.115 [The claim for such refund of money must be presented to the state board of examiners within 1 year from the time such claim was incurred.] A claim for refund of money deposited in the state treasury or paid to a state agency or officer shall be made within 1 year from the date of such deposit or payment unless:
κ1969 Statutes of Nevada, Page 1121 (CHAPTER 594, SB 143)κ
1. Payment was made under protest; or
2. The statute applicable to claims against or refunds by a particular state agency or officer prescribes a different period.
Sec. 9. NRS 353.120 is hereby amended to read as follows:
353.120 1. [Whenever it shall appear to the state board of examiners by competent evidence that money has been paid into the state treasury under any of the circumstances mentioned in NRS 353.110, the state board of examiners, by its unanimous resolution, may direct the state treasurer to refund to the applicant the amount of money so paid into the state treasury in excess of the amount legally paid.
2. The states proportion of any refund of money which may be made to claimants under NRS 353.110 to 353.125, inclusive, shall be paid from the reserve for statutory contingency fund upon approval by the state board of examiners.] If the state board of examiners is satisfied of the correctness and justice of a claim for refund of money paid into a county treasury and deposited in the state treasury, it shall order the state controller to draw his warrant for the amount of the overpayment so deposited in favor of the person entitled to the refund.
2. Every refund ordered or approved by the state board of examiners shall be paid:
(a) From the fund into which the money refunded was originally paid, if there are unencumbered moneys in that fund.
(b) Otherwise, from the reserve for statutory contingency fund.
Sec. 10. NRS 353.190 is hereby amended to read as follows:
353.190 1. In addition to the other duties imposed by law on the chief, he shall be ex officio clerk of the state board of examiners. He shall:
(a) Assist the state board of examiners in the examination, classification and preparation for audit of all the claims required to be presented to the board.
(b) Conduct an effective check and preaudit of all such claims before they are submitted to the board.
[(c) Prepare a written statement listing all claims checked and audited by him prior to the expiration of 30 days from the checking and auditing thereof, which statement shall contain:
(1) The number of each claim.
(2) The name of the claimant.
(3) The nature and substance thereof.
(4) The amount found due and owing thereon.
He shall submit the statement, together with each individual claim listed therein, to the board.]
2. The [general] rules of procedure governing the duties of the chief under this section shall be promulgated by the state board of examiners. [, and shall be consistent with the provisions of this section.]
3. The chief may delegate the duties herein set forth to his duly appointed and qualified deputy.
Sec. 11. NRS 353.220 is hereby amended to read as follows:
353.220 1. The head of any department, institution or agency of the executive department of the state government, whenever he shall deem it necessary by reason of changed conditions, may [revise] request the revision of the work program of his department, institution or agency at [the beginning of any quarter] any time during the fiscal year, and submit such revised program to the governor through the chief with a request for revision of the allotments [of the remaining quarters] for the remainder of that fiscal year.
κ1969 Statutes of Nevada, Page 1122 (CHAPTER 594, SB 143)κ
the revision of the work program of his department, institution or agency at [the beginning of any quarter] any time during the fiscal year, and submit such revised program to the governor through the chief with a request for revision of the allotments [of the remaining quarters] for the remainder of that fiscal year.
2. Every such request for revision shall be submitted to the chief [at least 15 days prior to the commencement of the quarter when such revision, if approved, is to become effective. Within 10 days after submission to him the chief shall transmit the request for revision with his recommendations in writing to the governor. Within 5 days thereafter the governor shall approve or disapprove such request in writing.
3. The governor shall promptly transmit a copy of such approval or disapproval to the chief, the state controller and to the head of the department, institution or agency making the request.] on such form and with such supporting information as he may prescribe.
3. Prior to the encumbering of funds appropriated or authorized, every such request for revision shall be approved or disapproved in writing by:
(a) The governor; or
(b) The chief, if the governor has by written instrument delegated this authority to the chief. Any such delegation may be revoked by written instrument.
Sec. 12. NRS 353.225 is hereby amended to read as follows:
353.225 1. In order to provide some degree of flexibility to meet emergencies arising during each fiscal year in the expenditures for operation and maintenance of the various departments, institutions and agencies of the executive department of the state government, the chief, with the approval in writing of the governor, may require the head of each such department, institution or agency [, in making the original allotments,] to set aside a reserve in such amount as the chief may determine, out of the total amount appropriated or out of other funds available from any source whatever to the department, institution or agency.
2. At any time during the fiscal year this reserve or any portion of it may be returned to the appropriation or other fund to which it belongs and may be added to any one or more of the allotments, [provided the governor shall deem such action necessary and shall so certify in writing, delivering a copy of the certificate to the chief, the state treasurer and the state controller.] if the chief so orders in writing.
Sec. 13. NRS 353.230 is hereby amended to read as follows:
353.230 1. The chief shall review the estimates, altering, revising, increasing or decreasing the items of the estimates as he may deem necessary in view of the needs of the various departments, institutions and agencies in the executive department of the state government and the total anticipated income of the state government and of the various departments, institutions and agencies thereof during the next fiscal year.
2. The chief shall then prepare a budget, in accordance with NRS 353.150 to 353.246, inclusive, and shall deliver [the same] it to the governor. [prior to the fifth day of the regular legislative session.] The governor shall transmit such budget to the legislature not later than the 10th day of the regular legislative session.
3. During the consideration of the general appropriation bill, the special appropriation bills and the bills authorizing budgeted expenditures by the departments, institutions and agencies operating on funds designated for specific purposes by the constitution or otherwise, submitted by the governor with the budget, the governor or his representative shall have the right to appear before and be heard by the appropriation committees of the legislature in connection with the appropriation bill or bills, and to render any testimony, explanation or assistance required of him.
κ1969 Statutes of Nevada, Page 1123 (CHAPTER 594, SB 143)κ
by the departments, institutions and agencies operating on funds designated for specific purposes by the constitution or otherwise, submitted by the governor with the budget, the governor or his representative shall have the right to appear before and be heard by the appropriation committees of the legislature in connection with the appropriation bill or bills, and to render any testimony, explanation or assistance required of him.
Sec. 14. NRS 353.235 is hereby amended to read as follows:
353.235 1. Neither house shall consider any [other] appropriation, except an emergency appropriation for the immediate expense of the legislature, until [10 days] after the delivery of the budget to the presiding officer of each house.
2. Every appropriation in addition to that provided for in the budget shall be embodied in a separate act and shall be limited to some single work, object or purpose therein stated.
3. No supplementary appropriation shall be valid if it exceeds the amount in the state treasury available for such appropriation, unless the legislature making such appropriation shall provide the necessary revenue to pay such appropriation by a tax, direct or indirect, to be laid and collected as shall be directed by the legislature; but such tax shall not exceed the rates permitted under the constitution of the State of Nevada. This provision shall not apply to appropriations to suppress insurrections, defend the state, or assist in defending the United States in time of war.
Sec. 15. NRS 361.760 is hereby amended to read as follows:
361.760 Taxes may be refunded in the manner provided in NRS 353.110 to [353.125,] 353.120, inclusive, and 354.220 to 354.250, inclusive.
Sec. 16. NRS 353.100, 353.125 and 353.180 are hereby repealed.
Sec. 17. NRS 41.010 is hereby amended to read as follows:
41.010 An officer or person who has presented a claim against the state:
1. 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; or
2. For refund of an overpayment,
which claim the state board of examiners 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. 18. 1. Section 11 of chapter 213, Statutes of Nevada 1969, is hereby repealed.
2. Section 2 of chapter 291, Statutes of Nevada 1969, is hereby repealed.
Sec. 19. Sections 1 to 16, inclusive, 18 and 19 of this act shall become effective upon passage and approval. Section 17 of this act shall become effective at 12:01 a.m. on July 1, 1969.
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κ1969 Statutes of Nevada, Page 1124κ
Assembly Bill No. 508Committee on Transportation
CHAPTER 595
AN ACT relating to the regulation and licensing of motor vehicle carriers; making certain procedural changes in the administrative procedures; providing penalties; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.210 is hereby amended to read as follows:
706.210 1. The commission and its inspectors shall [:
(a) Enforce] have police power for the enforcement of all rules and regulations of the commission [and] or the department pertaining to [this chapter.
(b) Assist in the enforcement of all laws pertaining to the registration of motor vehicles.] chapters 704, 705 and 706 of NRS.
2. The commission and its inspectors shall have police power [for the enforcement of chapter 704 of NRS and this chapter, and laws pertaining to the registration of motor vehicles.] and full authority as peace officers, as defined in NRS 169.125, for the enforcement of chapters 704, 705 and 706 of NRS, and chapters 482, 483 and 484 of NRS insofar as such enforcement relates to common, contract or private motor carriers.
3. Inspectors may carry firearms in the performance of their duties.
Sec. 2. NRS 706.260 is hereby amended to read as follows:
706.260 1. It shall be unlawful for any common, contract [or] , or other motor carrier transporting property or passengers for compensation or private [motor] carrier [of property or passengers] to operate as a motor carrier of interstate or foreign commerce within or through this state, without first having furnished the commission: [full written information concerning:]
(a) Good and sufficient evidence satisfactory to the commission that it has complied with all provisions of the Federal Motor Carrier Act of 1935, as amended [.
(b) The complete route or routes over which the applicant desires to operate.] , and the motor carrier safety rules and regulations of the Department of Transportation, as amended.
(b) A current copy of its certificate, permits or exemptions which have been issued by the Interstate Commerce Commission.
(c) Such other information as the commission may request.
2. [Upon receipt of such information by the commission, and upon payment of the license fees to the department,] Upon being notified by the commission that all requirements have been complied with and upon receipt of an application and the payment of a license fee, the department shall issue such interstate or foreign [common] motor carrier of property or passengers a license.
3. The commission may, in its discretion, upon receipt of an application for license and payment of license fees to the department, waive the above requirements, knowing the above requirements have been complied with.
κ1969 Statutes of Nevada, Page 1125 (CHAPTER 595, AB 508)κ
Sec. 3. NRS 706.350 is hereby amended to read as follows:
706.350 1. All transportation charges made by any common or contract motor carrier of property or passengers shall be just and reasonable.
2. Every common or contract motor carrier of property or passengers shall file with the commission:
(a) Within a time to be fixed by the commission, schedules which shall be open to public inspection, showing all rates, fares and charges which such carrier has established and which are in force at the time for any service performed in connection therewith by any common or contract motor carrier of property or passengers controlled and operated by it.
(b) In connection with and as part of such schedule, all rules and regulations that in any manner affect the rates or fares charged or to be charged for any service.
3. No changes shall be made in any schedule, including schedules of joint rates, or in the rules and regulations affecting any and all rates or charges, except upon 30 days notice to the commission, and all such changes shall be plainly indicated on any new schedules filed in lieu thereof 30 days prior to the time the same are to take effect. The commission, upon application of any common or contract motor carrier of property or passengers, may prescribe a shorter time within which a change other than a rate increase may be made. The 30 days notice is not applicable when any common or contract motor carrier gives written notice to the commission 10 days prior to the effective date of its participation in a tariff bureaus rates and tariffs, provided such rates and tariffs have been previously filed with and approved by the commission.
4. Copies of all new or amended schedules shall be filed and posted in the stations and offices of such carriers as in the case of original schedules.
5. The commission may at any time, upon its own motion, investigate any of the rates, fares, charges, rules, regulations, practices and services, and, by order, make such changes as may be just and reasonable, the same as if a formal complaint had been made.
6. The commission, in its discretion, may dispense with the hearing on any change requested in rates, fares, charges, rules, regulations, practices or service if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the change requested in rates, fares, charges, rules, regulations, practices or service has been filed by or on behalf of any interested person.
7. All rates, fares, charges, classifications and joint rates, rules, regulations, practices and services fixed by the commission shall be in force, and shall be prima facie lawful, from the date of the order until changed or modified by the commission, or in pursuance of NRS 704.540 to 704.580, inclusive.
8. All regulations, practices and service prescribed by the commission shall be enforced and shall be prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, pursuant to the provisions of NRS 704.540 to 704.580, inclusive, or until changed or modified by the commission itself upon satisfactory showing made.
Sec. 4. NRS 706.360 is hereby amended to read as follows:
706.360 1. [Nothing contained in NRS 706.010 to 706.700, inclusive, shall be construed to prohibit the issuance by any carrier subject to NRS 706.010 to 706.700, inclusive, of free or reduced-rate transportation to:
κ1969 Statutes of Nevada, Page 1126 (CHAPTER 595, AB 508)κ
to NRS 706.010 to 706.700, inclusive, of free or reduced-rate transportation to:
(a) Its own officers, commission agents, employees, attorneys, physicians and surgeons, and members of their families.
(b) Ministers of religion, inmates of hospitals or charitable institutions, or persons engaged in charitable work.
(c) Persons or property engaged or employed in educational scientific or patriotic work, when permitted by the commission.
(d) Indigent, destitute or homeless persons, and to such persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportation.
(e) Witnesses attending any legal investigation in which such carrier is interested.
(f) Persons injured in accidents or wrecks and physicians and nurses attending such persons.
2. Employees, as used in this section, shall include furloughed, pensioned and superannuated employees, and persons who have become disabled or infirm in the service of any such carrier, and persons traveling for the purpose of entering the service of any such carrier.] It is unlawful for:
(a) Any person, firm or corporation which is engaged in business as a common carrier to furnish any pass, frank, free or reduced transportation to any state, city, district, county or municipal officer of this state or to any person other than those specifically enumerated in this section.
(b) Any person other than those specifically enumerated in this section to receive any such pass, frank, free or reduced transportation.
2. This section does not prevent the carriage, storage or hauling free or at reduced rates of property for charitable purposes for the United States, the State of Nevada or any political subdivision thereof.
3. This chapter does not prohibit common carriers from giving free or reduced rates for transportation of persons to:
(a) Its own officers, commission agents, employees, members of any profession licensed under Title 54 of NRS retained by it, and members of their families.
(b) Inmates of hospitals or charitable institutions.
(c) Persons injured in accidents or wrecks and physicians and nurses attending such persons.
(d) Persons providing relief in cases of common disaster.
(e) Contractors and their employees, in carrying out the provisions of any contract to which the carrier is a party.
(f) Peace officers when on official duty.
(g) Attendants of livestock or other property requiring the care of an attendant, who shall be given return passage to the place of shipment, provided there is no discrimination among shippers of a similar class.
(h) Officers, agents, employees, members of any profession licensed under Title 54 of NRS, together with members of their families, who are employed by or affiliated with other common carriers, provided there is an interchange of such free or reduced rate transportation.
(i) Indigent, destitute or homeless persons when under the care or responsibility of charitable societies, institutions or hospitals, together with the necessary agents employed in such transportation.
κ1969 Statutes of Nevada, Page 1127 (CHAPTER 595, AB 508)κ
(j) Students of institutions of learning.
4. This chapter does not prohibit common carriers from giving free or reduced rates for the transportation of property of:
(a) Their officers, commission agents, employees, members of any profession licensed under Title 54 of NRS retained by them, or pensioned or disabled former employees, together with that of their dependents.
(b) Witnesses attending any legal investigations in which such carriers are interested.
(c) Persons providing relief in cases of common disaster.
(d) Contractors and their employees in carrying out the provisions of any contract to which the carrier is a party.
5. Employees, as used in this section, includes:
(a) Furloughed, pensioned and superannuated employees.
(b) Persons who have become disabled or infirm in the service of such carriers.
(c) Persons who are traveling for the purpose of entering the service of any such carrier.
Sec. 5. NRS 706.430 is hereby amended to read as follows:
706.430 1. It shall be unlawful for [a taxicab or other passenger motor carrier operating motor vehicles] any person operating a taxicab or other motor vehicle to transport passengers, either with or without compensation, between any point or place in the State of Nevada to any other point or place in the state without having first applied for and received a certificate of public convenience and necessity as provided for in NRS 706.010 to 706.700, inclusive.
2. The provisions of this section shall not apply to any private motor vehicle owned and used for personal transportation only.
Sec. 6. NRS 706.650 is hereby amended to read as follows:
706.650 1. All motor carriers coming within the terms of NRS 706.010 to 706.700, inclusive, [except such carriers or persons as mentioned in NRS 706.670,] to whom [shall] have been issued the certificates, permits and licenses provided by NRS 706.010 to 706.700, inclusive, may transfer such certificates, permits and licenses to another qualified under NRS 706.010 to 706.700, inclusive, but no such transfer shall be valid for any purpose [unless and] until a joint application [for permit] to make such transfer [shall be] has been made to the commission by the transferor [, accompanied by an application of the transferee to be substituted for the transferor of such certificates, permits and licenses, the subject of such transfer.] and the transferee, and the commission has authorized the substitution of the transferee for the transferor. No transfer of stock of a corporate motor carrier under the jurisdiction of the commission shall be valid without prior commission approval if the effect of such transfer will be to change corporate control of the carrier [. In the event of transfer of 15 percent or more of the corporate stock of a corporation, notice shall be given the commission within 30 days.] or if a transfer of 15 percent or more of the common stock of the carrier is proposed.
2. The commission, in its discretion, may: [direct]
(a) Direct that a hearing be had in the matter of such transfer, which hearing may be noticed and conducted in like manner as other hearings before the commission [.
κ1969 Statutes of Nevada, Page 1128 (CHAPTER 595, AB 508)κ
3. If the commission shall determine that a transfer of any certificate, permit or license permitted herein to be transferred will not operate to defeat the purposes of NRS 706.010 to 706.700, inclusive, the commission may order such transfer to be made when it is satisfied that the purposes of NRS 706.010 to 706.700, inclusive, will not be defeated by the transfer of the certificate, permit or license.
4.] ; or
(b) Dispense with the hearing on the joint application to transfer if, upon the expiration of the time fixed in the notice thereof, no protest against the transfer of the certificate or permit has been filed by or in behalf of any interested person.
3. In determining whether or not the transfer of a certificate of public convenience and necessity or contract carrier permit to an applicant should be authorized, the commission shall consider:
(a) The service which has been performed by the transferor and that which may be performed by the transferee.
(b) Other authorized transportation facilities in the territory for which such transfer is sought.
(c) Whether or not the transferee is fit, willing and able to perform the services of a common or contract carrier by motor vehicle and whether or not the proposed operation will be consistent with the legislative policy set forth in NRS 706.130.
4. The commission may make such amendments, restrictions or modifications in a certificate or permit, upon such transfer, as the public interest may require.
5. No transfer shall be valid beyond the life of the certificate, permit or license transferred.
[5.] 6. The department may, under such rules and regulations as it may deem advisable, permit the transfer of a license from one motor vehicle to another by the owner thereof; but new license plates shall be secured from the department and a fee of $2 shall be paid for each set of plates so secured.
Sec. 7. 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.] after investigation and upon 5 days written notice to the grantee, suspend any certificate, permit or license for a period not to exceed 60 days.
3. Upon receipt of a written complaint or on its own motion, the commission may, after investigation and hearing, revoke any certificate, permit or license so suspended. If service of the notice provided in subsection 2 cannot be made or if the grantee relinquishes his interest in the certificate, permit or license by so notifying the commission in writing, the commission may revoke such certificate, permit or license without a hearing.
κ1969 Statutes of Nevada, Page 1129 (CHAPTER 595, AB 508)κ
4. Any person aggrieved by the order of the commission revoking such certificate, permit or license may within 30 days commence an action in the district court 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.] 5. The proceedings thereafter shall be governed by the provisions of NRS 704.540 to 704.580, inclusive.
Sec. 8. NRS 706.690 is hereby amended to read as follows:
706.690 Any person who:
1. Operates any carrier to which NRS 706.010 to 706.700, inclusive, applies without first obtaining a certificate, permit or license, or in violation of the terms thereof; or
2. Fails to make any return or report required by NRS 706.010 to 706.700, inclusive, or by the commission or the department under the terms of NRS 706.010 to 706.700, inclusive; or
3. Violates, or procures, aids or abets the violating of, any provision of NRS 706.010 to 706.700, inclusive; or
4. Fails to obey any order, decision or regulation of the commission or the department; or
5. Procures or aids or abets any person in his failure to obey such order, decision or regulation; or
6. Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.010 to 706.700, inclusive [,] ; or
7. Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of this chapter; or
8. Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter, shall be guilty of a misdemeanor [.] , and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 10 days nor more than 6 months, or by both fine and imprisonment.
Sec. 9. NRS 706.700 is hereby amended to read as follows:
706.700 The district attorney of any county in this state shall [prosecute all violations of NRS 706.010 to 706.700, inclusive,] seek the imposition of all criminal penalties pertaining to violations of this chapter, occurring in his county.
Sec. 10. NRS 706.710 is hereby amended to read as follows:
706.710 1. No owner or operator of a motor vehicle to which NRS 706.010 to 706.700, inclusive, applies carrying passengers or property on any road or highway in the State of Nevada shall require, suffer or permit any driver of such motor vehicle to drive any such motor vehicle in any one period longer than the time permitted for such period by the order of the public service commission of Nevada.
2. The public service commission of Nevada shall have authority to extend to private carriers of explosives and other dangerous articles, as defined by the rules and regulations of the [Interstate Commerce Commission,] Department of Transportation, the safety rules and regulations applying to for-hire carriers of such articles.
3. The labor commissioner, all traffic officers of the state and any subdivision thereof, all peace officers, and inspectors acting under the authority of the public service commission of Nevada or the department of motor vehicles shall enforce the provisions of this section.
κ1969 Statutes of Nevada, Page 1130 (CHAPTER 595, AB 508)κ
authority of the public service commission of Nevada or the department of motor vehicles shall enforce the provisions of this section.
4. Any violations of this section shall be a misdemeanor.
Sec. 11. NRS 169.125 is hereby amended to read as follows:
169.125 Peace officer includes:
1. The bailiff of the supreme court;
2. Sheriffs of counties and their deputies;
3. Constables;
4. Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;
5. The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;
6. Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;
7. Marshals and policemen of cities and towns;
[7.] 8. Parole and probation officers;
[8.] 9. Special investigators employed by the office of any district attorney or the attorney general;
[9.] 10. Arson investigators for fire departments specially designated by the appointing authority;
[10.] 11. Members of the University of Nevada police department; and
[11.] 12. The state fire marshal and his deputies.
Sec. 12. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Every kind of motor carrier defined in this chapter shall:
(a) Keep and render to the commission, in the manner, form and detail prescribed by the commission, uniform and detailed accounts of all business transacted; and
(b) Furnish the commission with an annual report in such form and detail as shall be prescribed by the commission.
2. The reports required by this section shall be prepared on a calendar year basis and shall be filed not later than April 15 following.
3. The commission may at any time call for desired information omitted from such reports or not provided for therein, when in the judgment of the commission such information is necessary.
4. Any commissioner or any person or persons authorized by the commission shall have the right to examine the books, accounts, records, minutes and papers of any motor carrier for the purpose of determining their correctness and whether they are being kept in accordance with the rules and regulations and form prescribed by the commission.
Sec. 13. NRS 706.370 is hereby repealed.
Sec. 14. This act shall become effective at 12:02 a.m. on July 1, 1969.
________
κ1969 Statutes of Nevada, Page 1131κ
Senate Bill No. 236Committee on Federal, State and Local Governments
CHAPTER 596
AN ACT relating to cigarette licenses and taxes; increasing the use tax on cigarettes; modifying the apportionment of tax proceeds; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 370.170 is hereby amended to read as follows:
370.170 Except as otherwise provided in this chapter, no person shall give, sell or offer to give or sell any cigarettes in the State of Nevada unless there is affixed to each of the packages, packets or containers an adhesive Nevada cigarette revenue stamp or a similar stamp affixed by a metered stamping machine approved by and registered with the tax commission in the following denominations: On packages containing 20 cigarettes or less, [7] 10 cents per package; and on packages containing over 20 cigarettes, [7] 10 cents additional for each 20 cigarettes or fraction thereof contained in any such package.
Sec. 2. 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) In counties having a population of 5,000 or more:
(1) If there are no incorporated cities within the county, the entire amount shall go into the county treasury.
[(b)] (2) 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.
[(c)] (3) 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.
κ1969 Statutes of Nevada, Page 1132 (CHAPTER 596, SB 236)κ
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)] (b) In counties having a population of less than 5,000:
(1) If there are no incorporated cities or unincorporated towns within the county, the entire amount shall go into the county treasury.
(2) If there is one incorporated city or one unincorporated town within the county the money shall be apportioned between the city or town and the county on the basis of the population of such city or town and the population of such county excluding the population of such city or town, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of the form of government of such city or town at the time such census was conducted.
(3) If there are two or more incorporated cities or unincorporated towns or an incorporated city or an unincorporated town within the county, the entire amount shall be apportioned among such cities or towns 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, regardless of the form of government of such city or town at the time such census was conducted.
(c) In Carson City the entire amount shall go into the city treasury.
4. For the purposes of this section, unincorporated town means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.
Sec. 3. NRS 370.350 is hereby amended to read as follows:
370.350 1. Except as provided in subsection 3, a tax is hereby levied and imposed upon the use of cigarettes in this state.
2. The amount of such use tax shall be as follows: On packages containing 20 cigarettes or less, [7] 10 cents per package; and on packages containing over 20 cigarettes, [7] 10 cents additional for each 20 cigarettes or fraction thereof contained in any such package.
3. The use tax shall not apply where:
(a) Nevada cigarette revenue stamps have been affixed to cigarette packages as required by law.
(b) Tax exemption is provided for in this chapter.
Sec. 4. This act shall become effective at 12:02 a.m. on July 1, 1969.
________
κ1969 Statutes of Nevada, Page 1133κ
Senate Bill No. 439Committee on Taxation
CHAPTER 597
AN ACT relating to intoxicating liquor; increasing excise taxes; providing for the apportionment of such taxes; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 369.170 is hereby amended to read as follows:
369.170 1. All revenues required to be paid to the state under this chapter shall be paid to the tax commission in the form of remittances payable to the Nevada tax commission. The tax commission shall transmit the payment to the state treasurer to be deposited in the state treasury to the credit of the liquor tax fund. The tax commission shall in transmitting each payment indicate the amount, if any, which is derived from the tax on liquor containing more than 22 percent of alcohol by volume.
2. Upon order of the state controller, the money in the liquor tax fund shall be drawn therefrom for refunds under this chapter, and except as otherwise provided in section 3 of this act, all money in the fund shall be transferred to the general fund of the state on or before the last day of the month following each quarterly period of 3 months.
Sec. 2. NRS 369.330 is hereby amended to read as follows:
369.330 Except as otherwise provided in this chapter, an excise tax is hereby levied and shall be collected respecting all liquor and upon the privilege of importing, possessing, storing or selling liquor, according to the following rates and classifications:
1. On liquor containing more than 22 percent of alcohol by volume, [$1.40] $1.90 per wine gallon or proportionate part thereof.
2. On liquor containing more than 14 percent up to and including 22 percent of alcohol by volume, 50 cents per wine gallon or proportionate part thereof.
3. On liquor containing more than one-half of 1 percent up to and including 14 percent of alcohol by volume, 30 cents per wine gallon or proportionate part thereof.
4. On all malt beverage liquor brewed or fermented and bottled in or outside this state, 6 cents per gallon.
Sec. 3. Chapter 369 of NRS is hereby amended by adding thereto a new section which shall read as follows:
At the times prescribed in NRS 369.170 for transfer of money from the liquor tax fund, the state controller shall distribute five-nineteenths of that portion of the moneys collected under NRS 369.330 which is derived from the tax on liquor containing more than 22 percent of alcohol by volume among Carson City and the counties of this state 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 shall apportion such moneys within the counties as follows:
1. If there are no incorporated cities within the county, the entire amount shall go into the county treasury.
2. 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 1134 (CHAPTER 597, SB 439)κ
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.
3. 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.
In Carson City the entire amount shall go into the city treasury.
________
Senate Bill No. 183Senator Pozzi
CHAPTER 598
AN ACT relating to the advisory personnel commission; granting such commission power to subpena witnesses, administer oaths and affirmations in certain proceedings conducted by such commission; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. The commission or any member thereof may, upon application of any party to a hearing on an appeal from a dismissal, demotion or suspension of an employee, issue subpenas requiring the attendance and testimony of witnesses at such proceeding.
2. Any member of the commission, or any agent or agency designated by the commission for such purposes, may administer oaths and affirmations and examine witnesses.
Sec. 3. The subpena issued pursuant to section 2 of this act shall extend to all parts of the state and shall be served in accordance with the provisions of N.R.C.P. 4(c). No witness shall be required to attend at a place out of the county in which he resides unless the distance is less than 100 miles from his place of residence, except, upon affidavit of any party showing that the testimony of such witness is material and necessary, the commission may endorse on the subpena an order requiring the attendance of such witness in response to such subpena.
Sec. 4. All witnesses appearing pursuant to subpena, other than parties or officers or employees of the state or any political subdivision thereof, shall receive fees and mileage in the same amounts and under the same circumstances as prescribed by law for witnesses in civil actions in the district courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to fees and mileage, to the per diem compensation for subsistence and transportation authorized by NRS 281.170 for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings.
κ1969 Statutes of Nevada, Page 1135 (CHAPTER 598, SB 183)κ
by NRS 281.170 for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings. Fees for subsistence and transportation expenses shall be paid by the party at whose request the witness is subpenaed. The commission may award as costs the amount of all such expenses to the prevailing party.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 365Senator Farr
CHAPTER 599
AN ACT relating to taxation; providing for a city-county relief tax; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 32 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. This chapter may be cited as the County-City Relief Tax Law.
Sec. 3. As used in this chapter, unless the context requires otherwise:
1. City means an incorporated city or incorporated town.
2. County includes Carson City.
3. Tax commission means the Nevada tax commission.
Sec. 4. 1. Upon petition by the majority of the governing body of each city within a county, the board of county commissioners shall enact an ordinance imposing a city-county relief tax. The board shall not enact such ordinance unless all cities within the county so petition.
2. The board of supervisors of Carson City may on its own motion enact an ordinance imposing a city-county relief tax.
3. Any ordinance enacted pursuant to this section shall provide that the city-county relief tax shall be imposed on the first day of the first calendar quarter following the effective date of the ordinance, or on July 1, 1969, whichever is later.
4. An ordinance so enacted shall not be repealed, except by the board of supervisors of Carson City, unless a majority of the governing body of each city within the county petitions for its repeal.
Sec. 5. Any city-county relief tax ordinance enacted under this chapter shall include provisions in substance as follows:
1. A provision imposing a tax upon retailers at the rate of one-half of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in a county.
2. Provisions substantially identical to those of the Local School Support Tax Law, insofar as applicable.
3. A provision that all amendments to the provisions of the Local School Support Tax Law subsequent to the date of enactment of the ordinance, not inconsistent with this chapter, shall automatically become a part of the city-county relief tax ordinance of the county.
κ1969 Statutes of Nevada, Page 1136 (CHAPTER 599, SB 365)κ
ordinance, not inconsistent with this chapter, shall automatically become a part of the city-county relief tax ordinance of the county.
4. A provision that the county shall contract prior to the effective date of the city-county relief tax ordinance with the tax commission to perform all functions incident to the administration or operation of the city-county relief tax.
Sec. 6. 1. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter shall be paid to the tax commission in the form of remittances made payable to the Nevada tax commission.
2. The tax commission shall transmit the payments to the state treasurer to be deposited in the state treasury to the credit of the city-county relief tax fund hereby created.
3. The state treasurer shall, quarterly, from the city-county relief tax fund:
(a) Transfer 1 percent of all fees, taxes, interests and penalties collected in each county to the general fund in the state treasury as compensation to the state for the cost of collecting the tax for the counties.
(b) Remit to each county treasurer an amount equal to the sum of:
(1) Any fees, taxes, interest and penalties collected in that county pursuant to this chapter, less the amount transferred to the general fund of the state pursuant to paragraph (a) of this subsection; and
(2) That proportion of the total amount of taxes collected pursuant to this chapter from out-of-state businesses not maintaining a fixed place of business within this state which the population of that county bears to the total population of all counties which have in effect a city-county relief tax ordinance.
4. Upon receipt of the moneys remitted pursuant to paragraph (b) of subsection 3, the county treasurer shall:
(a) If there is one incorporated city in the county, apportion such moneys between the city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.
(b) If there are two or more cities in the county, apportion all such moneys among the cities in proportion to their respective populations.
5. The provisions of subsection 4 do not apply to Carson City, where the treasurer shall deposit the entire amount received from the state treasurer in the general fund.
6. Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 7. The tax commission may redistribute any tax, penalty and interest distributed to a county entitled thereto, but no such redistribution may be made as to amounts originally distributed more than 6 months prior to the date on which the tax commission obtains knowledge of the improper distribution.
Sec. 8. In any proceeding under any ordinance enacted pursuant to this chapter, the tax commission may act for and on behalf of the county which has enacted that ordinance.
Sec. 9. This act shall become effective upon passage and approval.
________
κ1969 Statutes of Nevada, Page 1137κ
Assembly Bill No. 459Mrs. Brookman
CHAPTER 600
AN ACT relating to the Indian affairs commission; authorizing the appointment of an executive director; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 233A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The governor, upon recommendation of the commission, shall appoint an executive director of the commission who has had successful experience in the administration and promotion of a program comparable to that provided by this chapter.
2. The executive director of the commission shall be in the unclassified service of the state as provided in chapter 284 of NRS and shall receive the annual salary provided in NRS 281.115 in addition to the per diem expense allowance and travel expenses fixed by NRS 281.160.
3. The executive director of the commission shall devote his entire time to the duties of his office and shall follow no other gainful employment or occupation.
Sec. 3. The executive director of the commission shall:
1. Be jointly responsible to the governor and the commission.
2. Direct and supervise all the technical and administrative activities of the commission.
3. Attend all commission meetings and act as secretary, keeping minutes of the proceedings.
4. Report to the governor and the commission all matters concerning the administration of his office. He shall request the advice of the commission regarding matters of policy, but he is responsible, unless otherwise provided by law, for the conduct of the administrative functions of the commission office.
5. Compile, for commission approval and submission to the governor, a biennial report regarding the work of the commission and such other matters as he may consider desirable.
6. Serve as contracting officer to receive funds from the Federal Government or other sources for such studies as the commission deems necessary.
7. Attend all meetings of any special study committee appointed by the governor pursuant to this chapter and act as secretary, keeping minutes of the proceedings.
8. Perform any lawful act which he considers necessary or desirable to carry out the purposes and provisions of this chapter.
Sec. 4. NRS 233A.030 is hereby amended to read as follows:
233A.030 1. The commission shall consist of seven commissioners, of whom at least three shall be Indians. Any person who is an employee, member or in a policy-making position of any governmental agency which receives federal funds for the benefit of Indians is ineligible to be a commissioner.
2. The commissioners shall be appointed by and serve at the pleasure of the governor and may be reappointed by him.
κ1969 Statutes of Nevada, Page 1138 (CHAPTER 600, AB 459)κ
of the governor and may be reappointed by him. However, the tenure of office of each commissioner shall not extend beyond 3 years from the date of his original appointment.
3. The governor shall have authority to fill all vacancies created by death, resignation or inability of a commissioner to perform his duties.
Sec. 5. NRS 233A.050 is hereby amended to read as follows:
233A.050 [1.] The commissioners shall designate a chairman and secretary. The commissioners shall meet at least four times each year and at such places and times as shall be specified by a call of the chairman or majority of the commission. The commission shall prescribe regulations for its own management. Four members of the commission shall constitute a quorum which may exercise all the authority conferred upon the commission.
[2. The commission may employ:
(a) An executive director at an annual salary in the amount specified in NRS 281.115.
(b) Such other employees as it finds necessary to carry out its functions, within the limits of legislative appropriations.]
Sec. 6. NRS 233A.070 is hereby amended to read as follows:
233A.070 [All personnel of the commission shall be exempt from the provisions of chapter 284 of NRS, and shall be entitled to such leaves of absence as may be prescribed by the commission.] Subject to the provisions of chapter 284 of NRS, the executive director of the commission may appoint such professional, technical, clerical and operational staff as the execution of his duties and the operation of the commission may require.
Sec. 7. NRS 233A.060 is hereby repealed.
Sec. 8. This act shall become effective upon passage and approval.
________
Assembly Bill No. 31Mr. Frank Young
CHAPTER 601
AN ACT to amend chapter 459 of NRS, relating to state radiation control, by adding new sections adopting the Western Interstate Nuclear Compact; making an appropriation; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. The Western Interstate Nuclear Compact, denominated in sections 2 to 6, inclusive, as the compact, is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows:
κ1969 Statutes of Nevada, Page 1139 (CHAPTER 601, AB 31)κ
ARTICLE I. POLICY AND PURPOSE
The party states recognize that the proper employment of scientific and technological discoveries and advances in nuclear and related fields and direct and collateral application and adaptation of processes and techniques developed in connection therewith, properly correlated with the other resources of the region, can assist substantially in the industrial progress of the West and the further development of the economy of the region. They also recognize that optimum benefit from nuclear and related scientific or technological resources, facilities and skills requires systematic encouragement, guidance, assistance, and promotion from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis. It is the purpose of this compact to provide the instruments and framework for such a cooperative effort in nuclear and related fields, to enhance the economy of the West and contribute to the individual and community well-being of the regions people.
ARTICLE II. THE BOARD
(a) There is hereby created an agency of the party states to be known as the Western Interstate Nuclear Board (hereinafter called the Board). The Board shall be composed of one member from each party state designated or appointed in accordance with the law of the state which he represents and serving and subject to removal in accordance with such law. Any member of the Board may provide for the discharge of his duties and the performance of his functions thereon (either for the duration of his membership or for any lesser period of time) by a deputy or assistant, if the laws of his state make specific provisions therefor. The federal government may be represented without vote if provision is made by federal law for such representation.
(b) The Board members of the party states shall each be entitled to one vote on the Board. No action of the Board shall be binding unless taken at a meeting at which a majority of all members representing the party states are present and unless a majority of the total number of votes on the Board are cast in favor thereof.
(c) The Board shall have a seal.
(d) The Board shall elect annually, from among its members, a chairman, a vice chairman, and a treasurer. The Board shall appoint and fix the compensation of an Executive Director who shall serve at its pleasure and who shall also act as Secretary, and who, together with the Treasurer, and such other personnel as the Board may direct, shall be bonded in such amounts as the Board may require.
(e) The Executive Director, with the approval of the Board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the Boards functions irrespective of the civil service, personnel or other merit system laws of any of the party states.
(f) The Board may establish and maintain, independently or in conjunction with any one or more of the party states, or its institutions or subdivisions, a suitable retirement system for its full-time employees.
κ1969 Statutes of Nevada, Page 1140 (CHAPTER 601, AB 31)κ
subdivisions, a suitable retirement system for its full-time employees. Employees of the Board shall be eligible for social security coverage in respect of old age and survivors insurance provided that the Board takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The Board may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.
(g) The Board may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation.
(h) The Board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and may receive, utilize, and dispose of the same. The nature, amount and conditions, if any, attendant upon any donation or grant accepted pursuant to this paragraph or upon any borrowing pursuant to paragraph (g) of this Article, together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the Board.
(i) The Board may establish and maintain such facilities as may be necessary for the transacting of its business. The Board may acquire, hold, and convey real and personal property and any interest therein.
(j) The Board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations. The Board shall publish its bylaws, rules, and regulations in convenient form and shall file a copy thereof, and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.
(k) The Board annually shall make to the governor of each party state, a report covering the activities of the Board for the preceding year, and embodying such recommendations as may have been adopted by the Board, which report shall be transmitted to the legislature of said state. The Board may issue such additional reports as it may deem desirable.
ARTICLE III. FINANCES
(a) The Board shall submit to the governor or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof.
(b) Each of the Boards budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. Each of the Boards requests for appropriations pursuant to a budget of estimated expenditures shall be apportioned equally among the party states. Subject to appropriation by their respective legislatures, the Board shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the Board.
κ1969 Statutes of Nevada, Page 1141 (CHAPTER 601, AB 31)κ
activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the Board.
(c) The Board may meet any of its obligations in whole or in part with funds available to it under Article II (h) of this compact, provided that the Board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the Board makes use of funds available to it under Article II (h) hereof, the Board shall not incur any obligation prior to the allotment of funds by the party jurisdictions adequate to meet the same.
(d) Any expenses and any other costs for each member of the Board in attending Board meetings shall be met by the Board.
(e) The Board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Board shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become a part of the annual report of the Board.
(f) The Accounts of the Board shall be open at any reasonable time for inspection to persons authorized by the Board, and duly designated representatives of governments contributing to the Boards support.
ARTICLE IV. ADVISORY COMMITTEES
The Board may establish such advisory and technical committees as it may deem necessary, membership on which may include but not be limited to private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civic associations, medicine, education, voluntary health agencies, and officials of local, State and Federal Government, and may cooperate with and use the services of any such committees and the organizations which they represent in furthering any of its activities under this compact.
ARTICLE V. POWERS
The Board shall have power to-
(a) Encourage and promote cooperation among the party states in the development and utilization of nuclear and related technologies and their application to industry and other fields.
(b) Ascertain and analyze on a continuing basis the position of the West with respect to the employment in industry of nuclear and related scientific findings and technologies.
(c) Encourage the development and use of scientific advances and discoveries in nuclear facilities, energy, materials, products, by-products, and all other appropriate adaptations of scientific and technological advances and discoveries.
(d) Collect, correlate, and disseminate information relating to the peaceful uses of nuclear energy, materials, and products, and other products and processes resulting from the application of related science and technology.
κ1969 Statutes of Nevada, Page 1142 (CHAPTER 601, AB 31)κ
(e) Encourage the development and use of nuclear energy, facilities, installations, and products as part of a balanced economy.
(f) Conduct, or cooperate in conducting, programs of training for state and local personnel engaged in any aspects of:
1. Nuclear industry, medicine, or education, or the promotion or regulation thereof.
2. Applying nuclear scientific advances or discoveries, and any industrial commercial or other processes resulting therefrom.
3. The formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of nuclear energy, materials, products, by-products, installations, or wastes, or to safety in the production, use and disposal of any other substances peculiarly related thereto.
(g) Organize and conduct, or assist and cooperate in organizing and conducting, demonstrations or research in any of the scientific, technological or industrial fields to which this compact relates.
(h) Undertake such nonregulatory functions with respect to nonnuclear sources of radiation as may promote the economic development and general welfare of the West.
(i) Study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to nuclear fields.
(j) Recommend such changes in, or amendments or additions to the laws, codes, rules, regulations, administrative procedures and practices or local laws or ordinances of the party states of their subdivisions in nuclear and related fields, as in its judgment may be appropriate. Any such recommendations shall be made through the appropriate state agency, with due consideration of the desirability of uniformity but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions.
(k) Consider and make recommendations designed to facilitate the transportation of nuclear equipment, materials, products, by-products, wastes, and any other nuclear or related substances, in such manner and under such conditions as will make their availability or disposal practicable on an economic and efficient basis.
(l) Consider and make recommendations with respect to the assumption of and protection against liability actually or potentially incurred in any phase of operations in nuclear and related fields.
(m) Advise and consult with the federal government concerning the common position of the party states or assist party states with regard to individual problems where appropriate in respect to nuclear and related fields.
(n) Cooperate with the Atomic Energy Commission, the National Aeronautics and Space Administration, the Office of Science and Technology, or any agencies successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interest.
(o) Act as licensee, contractor or sub-contractor of the United States Government or any party state with respect to the conduct of any research activity requiring such license or contract and operate such research facility or undertake any program pursuant thereto, provided that this power shall be exercised only in connection with the implementation of one or more other powers conferred upon the Board by this compact.
κ1969 Statutes of Nevada, Page 1143 (CHAPTER 601, AB 31)κ
facility or undertake any program pursuant thereto, provided that this power shall be exercised only in connection with the implementation of one or more other powers conferred upon the Board by this compact.
(p) Prepare, publish and distribute (with or without charge) such reports, bulletins, newsletters or other materials as it deems appropriate.
(q) Ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of nuclear incidents in the area comprising the party states, to coordinate the nuclear incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states and to facilitate the rendering of aid by the party states to each other in coping with nuclear incidents.
The Board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with nuclear incidents within the territory of the party states as a whole or within any subregion or subregions of the geographic area covered by this compact.
Any nuclear incident plan in force pursuant to this paragraph shall designate the official or agency in each party state covered by the plan who shall coordinate requests for aid pursuant to Article VI of this compact and the furnishing of aid in response thereto.
Unless the party states concerned expressly otherwise agree, the Board shall not administer the summoning and dispatching of aid, but this function shall be undertaken directly by the designated agencies and officers of the party states.
However, the plan or plans of the Board in force pursuant to this paragraph shall provide for reports to the Board concerning the occurrence of nuclear incidents and the requests for aid on account thereof, together with summaries of the actual working and effectiveness of mutual aid in particular instances.
From time to time, the Board shall analyze the information gathered from reports of aid pursuant to Article VI and such other instances of mutual aid as may have come to its attention, so that experience in the rendering of such aid may be available.
(r) Prepare, maintain, and implement a regional plan or regional plans for carrying out the duties, powers, or functions conferred upon the Board by this compact.
(s) Undertake responsibilities imposed or necessarily involved with regional participation pursuant to such cooperative programs of the federal government as are useful in connection with the fields covered by this compact.
ARTICLE VI. MUTUAL AID
(a) Whenever a party state, or any state or local governmental authorities therein, request aid from any other party state pursuant to this compact in coping with a nuclear incident, it shall be the duty of the requested state to render all possible aid to the requesting state which is consonant with the maintenance of protection of its own people.
(b) Whenever the officers or employees of any party state are rendering outside aid pursuant to the request of another party state under this compact, the officers or employees of such state shall, under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges and immunities as comparable officers and employees of the state to which they are rendering aid.
κ1969 Statutes of Nevada, Page 1144 (CHAPTER 601, AB 31)κ
the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges and immunities as comparable officers and employees of the state to which they are rendering aid.
(c) No party state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on their part while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.
(d) All liability that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.
(e) Any party state rendering outside aid pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries and maintenance of officers, employees and equipment incurred in connection with such requests: provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost.
(f) Each party state shall provide for the payment of compensation and death benefits to injured officers and employees and the representatives of deceased officers and employees in case officers or employees sustain injuries or death while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state by or in which the officer or employee was regularly employed.
ARTICLE VII. SUPPLEMENTARY AGREEMENTS
(a) To the extent that the Board has not undertaken an activity or project which would be within its power under the provisions of Article V of this compact, any two or more of the party states (acting by their duly constituted administrative officials) may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify the purpose or purposes; its duration and the procedure for termination thereof or withdrawal therefrom; the method of financing and allocating the costs of the activity or project; and such other matters as may be necessary or appropriate.
No such supplementary agreement entered into pursuant to this article shall become effective prior to its submission to and approval by the Board. The Board shall give such approval unless it finds that the supplementary agreement or activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the Board.
(b) Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the states party thereto. However, the Board may administer or otherwise assist in the operation of any supplementary agreement.
(c) No party to a supplementary agreement entered into pursuant to this article shall be relieved thereby of any obligation or duty assumed by said party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.
κ1969 Statutes of Nevada, Page 1145 (CHAPTER 601, AB 31)κ
party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.
(d) The provisions of this Article shall apply to supplementary agreements and activities thereunder, but shall not be construed to repeal or impair any authority which officers or agencies of party states may have pursuant to other laws to undertake cooperative arrangements or projects.
ARTICLE VIII. OTHER LAWS AND RELATIONS
Nothing in this compact shall be construed to-
(a) Permit or require any person or other entity to avoid or refuse compliance with any law, rule, regulation, order or ordinance of a party state or subdivision thereof now or hereafter made, enacted or in force.
(b) Limit, diminish, or otherwise impair jurisdiction exercised by the Atomic Energy Commission, any agency successor thereto, or any other federal department, agency or officer pursuant to and in conformity with any valid and operative act of Congress; nor limit, diminish, affect, or otherwise impair jurisdiction exercised by any officer or agency of a party state, except to the extent that the provisions of this compact may provide therefor.
(c) Alter the relations between and respective internal responsibilities of the government of a party state and its subdivisions.
(d) Permit or authorize the Board to own or operate any facility, reactor, or installation for industrial or commercial purposes.
ARTICLE IX. ELIGIBLE PARTIES, ENTRY INTO FORCE AND WITHDRAWAL
(a) Any or all of the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming shall be eligible to become party to this compact.
(b) As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into law: Provided, that it shall not become initially effective until enacted into law by five states.
(c) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until two years after the Governor of the withdrawing state has given notice in writing of the withdrawal to the Governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
(d) Guam and American Samoa, or either of them may participate in the compact to such extent as may be mutually agreed by the Board and the duly constituted authorities of Guam or American Samoa, as the case may be. However, such participation shall not include the furnishing or receipt of mutual aid pursuant to Article VI, unless that Article has been enacted or otherwise adopted so as to have the full force and effect of law in the jurisdiction affected. Neither Guam nor American Samoa shall be entitled to voting participation on the Board, unless it has become a full party to the compact.
κ1969 Statutes of Nevada, Page 1146 (CHAPTER 601, AB 31)κ
ARTICLE X. SEVERABILITY AND CONSTRUCTION
The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact or such supplementary agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held contrary to the constitution of any state participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact and of any supplementary agreement entered into pursuant thereto shall be liberally construed to effectuate the purposes thereof.
Sec. 3. The governor shall appoint the member of the Western Interstate Nuclear Board to represent this state.
Sec. 4. The member representing this state on the Western Interstate Nuclear Board may be represented thereon by an alternate designated by him. Any such alternate may discharge the members duties and perform the members functions to the extent and during the time designated by the member, pursuant to Article II (a) of the compact.
Sec. 5. Pursuant to Article II (j) of the compact, the Western Interstate Nuclear Board shall file copies of its bylaws, rules and regulations, and of any amendments thereto, with the secretary of state.
Sec. 6. The provisions of the Nevada Industrial Insurance Act, chapter 616 of NRS, and any benefits payable thereunder shall apply and be payable to any persons dispatched to another state pursuant to Article VI of the compact. If the persons so dispatched are officers or employees of any political subdivision of this state, they are entitled to the same compensation or other benefits in case of injury or death to which they would have been entitled had such injury or death occurred while coping with a nuclear incident in their respective jurisdictions and in their regular employment.
Sec. 7. 1. For the biennium beginning July 1, 1969, and ending June 30, 1971, there is hereby appropriated from the general fund in the state treasury the sum of $10,000 for the support of the Western Interstate Nuclear Compact and the Western Interstate Nuclear Board. This appropriation shall not be effective until the compact has been enacted into law by four other states.
2. After June 30, 1971, any unexpended balance of the appropriation herein made shall not be encumbered or committed for expenditure and shall revert to the general fund on September 1, 1971.
________
κ1969 Statutes of Nevada, Page 1147κ
Assembly Bill No. 400Messrs. Getto and Dini
CHAPTER 602
AN ACT relating to public employees retirement; providing that volunteer firemen may join the system; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The volunteer members of a regularly organized and recognized fire department may, by the joint application of all such volunteer members addressed to the board, become members of the system. A volunteer fireman who joins a fire department whose members have become members of the system shall become a member of the system. The volunteer members of a participating fire department may withdraw from the system by the joint application of all such volunteer members addressed to the board.
2. The city, town, county or district which recognizes such firemen is the public employer of such firemen and shall collect and pay over the employees share and pay the employers share of the contribution to the public employees retirement fund and the public employees retirement administrative fund, in the manner prescribed in this chapter. The local government may, if so requested by the firemen, further contribute any amount by which the sum receivable by each fireman for any month is less than the amount of his required share of the contribution.
3. In determining the amount of contributions to be paid for such firemen, such firemen are assumed to be receiving a wage established by the local government which shall not be less than $150 nor more than $350 per month.
4. A volunteer fireman is eligible for retirement when he has reached the age of 60 years and, exclusive of time prior to entry into the system, has:
(a) Completed 20 years of continuous service as a volunteer fireman; and
(b) Been a member of the system for 10 years.
5. When any person applies for retirement whose total service includes service as a volunteer fireman, his average salary for retirement purposes shall be the weighted average of:
(a) His average salary as a volunteer fireman, which if his service as such exceeds 3 years shall be calculated upon the 3 highest consecutive years; and
(b) His average salary in other covered employment, which if his service in such employment exceeds 3 years shall be calculated upon the 3 highest consecutive years.
The weight given to the respective average salaries calculated pursuant to paragraphs (a) and (b) shall be proportionate to the length of service in each capacity.
6. Any dispute over the status of a person as a volunteer fireman under this section shall be finally decided by a committee comprising:
κ1969 Statutes of Nevada, Page 1148 (CHAPTER 602, AB 400)κ
(a) The state fire marshals advisory board; and
(b) Any five members of the board of directors of the Nevada State Firemens Association, selected by the board.
Sec. 2. This act shall become effective on July 1, 1970.
________
Assembly Bill No. 574Committee on Fish and Game
CHAPTER 603
AN ACT revising license, permit and tag fees associated with the administration of the fish and game laws.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 502.240 is hereby amended to read as follows:
502.240 Annual licenses for the term of 1 year from July 1 to June 30 and limited permits shall be issued at the following prices:
1. To any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months, upon the payment of [$1] $2 for an annual fishing and hunting license.
2. [Except as provided in subsection 3, to any citizen of the United States who has attained his 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months, upon the payment of:
For an annual fishing license........................................................... $5.00
For a 5-day permit to fish.................................................................. 3.50
For an annual hunting license.......................................................... 5.00
For an annual trappers license........................................................ 5.00
3.] To any citizen of the United States who has attained his [60th] 65th birthday and who has been a bona fide resident of the State of Nevada for [10] 20 years, upon the payment of [$1] $2 for an annual hunting and fishing license. Any such person shall be exempt from the payment of the fee for a resident deer tag for a regular season as required by the provisions of NRS 502.250.
3. Except as provided in subsection 2, to any alien or to any citizen of the United States who has attained his 16th birthday and who has been a resident of the State of Nevada for 6 months, upon the payment of:
For a fishing license......................................................................... $7.50
For a five-day permit to fish............................................................ 5.00
For a hunting license....................................................................... 5.00
For a combination license............................................................... 12.50
For a trapping license...................................................................... 5.00
For a fur dealers license................................................................. 1.00
For an annual master guides license........................................... 50.00
For an annual subguides license.................................................. 10.00
4. To any alien or to any citizen of the United States who has attained his 12th birthday but who has not attained his 16th birthday, not a bona fide resident of the State of Nevada, upon the payment of [$2] $5 for an annual fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which annual license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10).
κ1969 Statutes of Nevada, Page 1149 (CHAPTER 603, AB 574)κ
fide resident of the State of Nevada, upon the payment of [$2] $5 for an annual fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which annual license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10).
5. Except as provided in subsection 4, to any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, upon the payment of:
For [an annual] a fishing license (except for a fishing license to fish in the reciprocal waters of the Colorado River and Lake Mead, which [annual] license shall cost a sum agreed upon by the commission and the Arizona Game and Fish Commission, but not to exceed $10).... [$10.00]................................................................................... $15.00
For a 5-day permit to fish................................................ [3.50]................................................................................... 5.00
For a special hunting license to hunt deer by bow and arrow (and no other license shall be required)................................ ............................................................................................ 10.00
For a special license to hunt upland game birds (and no other license or permit shall be required) a fee not to exceed...... ............................................................................................ 25.00
For a permit to hunt upland game birds in conjunction with a regular hunting license, a fee not to exceed......................... ............................................................................................ 10.00
For [an annual] a hunting license.................................. [35.00]................................................................................... 50.00
For an annual trappers license........................................................ ............................................................................................ 10.00
For a special nonresident, 3-day, migratory waterfowl hunting license (which shall be in lieu of all other licenses or permits, except for the migratory bird hunting stamp)........ ............................................................................................ 10.00
For a fur dealers license................................................................. .......................................................................................... 25.00
For an annual master guides license........................................... ........................................................................................ 100.00
For an annual subguides license.................................................. .......................................................................................... 20.00
6. To any person, without regard to residence, upon the payment of:
For a noncommercial breeding ground........................................ $2.00
For a commercial or private shooting preserve.......................... 25.00
For a commercial breeding ground............................................... 25.00
For a commercial fish hatchery...................................................... 10.00
For a private noncommercial fish hatchery................................. 5.00
For a trained animal act license.................................................... 10.00
For a fur dealers agents license................................................... 10.00
For a live bait dealers permit........................................................ 25.00
For a competitive field trials permit.............................................. 1.00
Sec. 2. NRS 502.250 is hereby amended to read as follows:
502.250 1. The following fees shall be in effect:
Resident deer tag for regular season............................ [$3.50]................................................................................... $5.00
Nonresident and alien deer tag for regular season..... [25.00]................................................................................... 30.00 Resident deer tag for hunting deer by bow and arrow.................................................... $5.00
κ1969 Statutes of Nevada, Page 1150 (CHAPTER 603, AB 574)κ
Resident deer tag for hunting deer by bow and arrow.............. ........................................................................................... $5.00
Nonresident and alien deer tag for hunting deer by bow and arrow......................................................................... [25.00]................................................................................... 30.00
[Resident tags for special season, not to exceed.......................... ............................................................................................ 10.00
Nonresident and alien tags for special seasons, not to exceed.. ........................................................................................ 125.00]
Resident antelope tag....................................................................... 15.00
Resident elk tag................................................................................. 15.00
Resident bighorn tag........................................................................ 25.00
Resident mountain lion tag............................................................. 1.00
Nonresident bighorn tag................................................................. 125.00
Nonresident mountain lion tag...................................................... 50.00
2. Other resident big game tags for special seasons shall not exceed $25. Other nonresident big game tags for special seasons shall not exceed $125.
3. Tags for game birds or small game animals, for special seasons, shall not exceed 25 cents per bird or animal, but shall not exceed $1 for the tags for one species in a year.
Sec. 3. NRS 502.280 is hereby amended to read as follows:
502.280 1. All resident Indians of the State of Nevada are exempt from the payment of fees for fishing and hunting licenses.
2. When applying for free fishing and hunting licenses, resident Indians of the State of Nevada shall exhibit to the county clerk or license agent written identification signed by an officer of the Bureau of Indian Affairs of the United States Department of the Interior, or the chairman of a tribal council or chief of an Indian tribe, or an officer of a reservation, colony or educational institution, stating that the bearer is a resident Indian of the State of Nevada.
3. Before hunting for deer or big game off an Indian reservation in this state all resident Indians, otherwise exempt under subsection 1, shall secure resident deer tags or other resident big game tags and pay the fee provided therefor in NRS 502.250.
Sec. 4. NRS 502.290 is hereby amended to read as follows:
502.290 1. The commission is authorized to [give] issue to those persons serving in the Armed Forces of the United States who are bona fide residents of the State of Nevada fishing or hunting licenses [without charge,] , upon the payment of $2 for each such license, provided those persons requesting such licenses are at the time on active duty in the Armed Forces of the United States and are not stationed in the State of Nevada.
2. The commission may require whatever proof it deems necessary to determine whether or not such persons come within the provisions of this section.
3. Any person who is guilty of giving false information for the purpose of obtaining a license as provided in this section is guilty of a misdemeanor.
________
κ1969 Statutes of Nevada, Page 1151κ
Assembly Bill No. 683Messrs. Close and Frank Young
CHAPTER 604
AN ACT providing compensation for victims of criminal acts; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 16 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 27, inclusive, of this act.
Sec. 2. 1. It is the policy of this state to encourage the cooperation and assistance of the public in law enforcement and to promote the public welfare.
2. It is the purpose of this chapter to facilitate and permit the payment of compensation to victims injured and to dependents of victims killed as a result of certain serious crimes or in attempts to prevent the commission of crime or to arrest suspected criminals.
Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 4. Board means the state board of examiners.
Sec. 5. Dependents means the relatives of a deceased victim who were wholly or partially dependent upon his income at the time of his death and includes the child of such victim born after his death.
Sec. 6. Personal injury means actual bodily harm.
Sec. 7. Relative of any person includes a spouse, parent, grandparent, stepparent, natural born, step or adopted child, grandchild, brother, sister, half brother, half sister or parents of the spouse.
Sec. 8. Victim means a person who is physically injured or killed while attempting to prevent the commission of a crime or to arrest a suspected criminal or while aiding or attempting to aid a police officer to do so.
Sec. 9. Members of the board shall serve without additional compensation, but are entitled to subsistence allowances and travel expenses pursuant to the provisions of NRS 281.160 while engaged in the performance of official duties under this chapter.
Sec. 10. The board may appoint one or more hearing officers, who must be licensed to practice law in this state, to conduct hearings and take testimony in any proceeding pursuant to this chapter, but final determinations of any matter shall be only by the board. A hearing officer acting pursuant to this section shall report his findings of fact and conclusions of law to the board, together with the reasons therefor. The board shall act only after consideration of the report and such other evidence as it deems appropriate.
Sec. 11. 1. Any person eligible for compensation under the provisions of this chapter may apply to the board for such compensation. Where the person entitled to make application is:
(a) A minor, the application may be made on his behalf by a parent or guardian.
κ1969 Statutes of Nevada, Page 1152 (CHAPTER 604, AB 683)κ
(b) Mentally incompetent, the application may be made on his behalf by a parent, guardian or other person authorized to administer his estate.
2. Prior to a hearing on any application, the applicant shall submit reports, if reasonably available, from all physicians or surgeons who, at the time of or subsequent to the victims injury or death, treated or examined the victim in relation to the injury for which compensation is claimed. If, in the opinion of the board, reports on the previous medical history of the victim or an examination of the victim and report thereon or a report on the cause of death of the victim by an impartial medical expert would aid the board in its determination, the board may order such reports.
Sec. 12. 1. Upon receipt of an application for compensation, the board shall fix a time and place for a hearing and shall give notice thereof to the applicant.
2. The board or its hearing officer may hold such hearings, sit and act at such times and places, and take such testimony as it or he may deem advisable. The board or its hearing officer may administer oaths or affirmations to witnesses. The board has full powers of subpena and compulsion of attendance of witnesses and production of documents; but no subpena may be issued except under the signature of a member of the board. Application to any court for aid in enforcing such subpena may be made in the name of the board only by a member thereof. Subpenas may be served by any person designated by the board.
3. The applicant and any other person having a substantial interest in the outcome of a proceeding may appear and be heard, produce evidence and cross-examine witnesses in person or by his attorney. The board or its hearing officer also may hear other persons who may have relevant evidence to submit.
4. Any statement, document, information or matter may be received in evidence if, in the opinion of the board or its hearing officer, it contributes to a determination of the claim, whether or not such evidence would be admissible in a court of law.
5. Orders and decisions of the board are final.
Sec. 13. If any person has been convicted of any offense with respect to an act on which a claim under this chapter is based, proof of that conviction is conclusive evidence that the offense has been committed, unless an appeal or any proceeding with regard thereto is pending.
Sec. 14. In the performance of its functions, the board may adopt, rescind and amend rules and regulations prescribing the procedures to be followed in the filing of applications and proceedings under this chapter, and for such other matters as the board deems appropriate.
Sec. 15. The board may, as part of any order entered pursuant to the provisions of this chapter, allow reasonable attorney fees, but such fees shall not exceed 10 percent of the amount awarded as compensation and shall be paid to the attorney representing the applicant out of, not in addition to, the amount of such compensation. It is unlawful for any attorney to ask for, contract for or receive any larger sum that the amount so allowed.
Sec. 16. In determining the amount of any compensation payable under the provisions of this chapter, the board shall so far as practicable, formulate standards for uniform application of this chapter and shall take into consideration rates and amounts of compensation payable for injuries and death under other laws of this state and of the United States.
κ1969 Statutes of Nevada, Page 1153 (CHAPTER 604, AB 683)κ
into consideration rates and amounts of compensation payable for injuries and death under other laws of this state and of the United States.
Sec. 17. The board may order the payment of compensation:
1. To or for the benefit of the injured person;
2. Where the victim has suffered personal injury, to any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of such injury; or
3. Where the victim dies, to or for the benefit of any one or more of the dependents of the victim.
Sec. 18. Upon application made by an appropriate prosecuting authority, the board may suspend any proceedings being conducted pursuant to this chapter for such period as it deems appropriate on the ground that a prosecution for an offense arising from the act or omission to act on which the claim for compensation is based has been commenced or is imminent.
Sec. 19. 1. In determining whether to make an order for compensation, the board shall consider the provocation, consent or any other behavior of the victim which directly or indirectly contributed to his injury or death, the prior case or social history, if any, of the victim; need of the victim or his dependents for financial aid and other relevant matters.
2. In determining the amount of compensation to be allowed by order, the board shall consider amounts received or receivable from any other source by the victim or his dependents as a result of the incident or offense giving rise to the application.
3. An order for compensation may be made whether or not any person is prosecuted or convicted of any offense arising from the act on which the claim for compensation is based.
Sec. 20. The board may order the payment of compensation in accordance with the provisions of this chapter for physical injury to or death of the victim which resulted from an attempt to prevent the commission of crime or to arrest a suspected criminal or aiding or attempting to aid a police officer to do so. If physical injury to or death of a person results from aiding or attempting to aid a police officer as provided in this section, no compensation may be allowed by the board unless such police officer files with the board an affidavit in support of any claim which may be made.
Sec. 21. The board may order the payment of compensation and the award of a governors certificate for meritorious citizens service for:
1. Expenses actually and reasonably incurred as a result of the personal injury or death of the victim;
2. Loss of earning power as a result of the total or partial incapacity of the victim;
3. Pecuniary loss to the dependents of a deceased victim; and
4. Any other loss which results from the personal injury or death of the victim and which the board determines to be reasonable.
Sec. 22. No order for the payment of compensation may be made unless the application is made within 2 years after the date of the personal injury or death on which the claim is based, and the personal injury or death was the result of an incident or offense which was reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within such period, within 5 days of the time when a report could reasonably have been made.
κ1969 Statutes of Nevada, Page 1154 (CHAPTER 604, AB 683)κ
police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within such period, within 5 days of the time when a report could reasonably have been made.
Sec. 23. 1. Compensation shall not be awarded if the victim:
(a) Is a relative of the offender;
(b) Was, at the time of the personal injury or death of the victim, living with the offender as a member of his family or household or maintaining a sexual relationship, whether illicit or not, with such person or with any member of the family of such person;
(c) Violated a penal law of this state, which caused or contributed to his injuries or death; or
(d) Was injured as a result of the operation of a motor vehicle, boat or airplane unless such vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim.
2. No compensation may be awarded under this chapter in an amount in excess of $5,000, and all payments shall be made in a lump sum.
Sec. 24. Orders for payment of compensation pursuant to this chapter may be made only as to injuries or death resulting from incidents or offenses occurring on and after July 1, 1969.
Sec. 25. Whenever an order for the payment of compensation for personal injury or death is made pursuant to this chapter, the board is, upon payment of the order, subrogated to the cause of action of the applicant against the person or persons responsible for such injury or death and may bring an action against such person or persons for the amount of the damages sustained by the applicant. If an amount greater than that paid pursuant to the order is recovered and collected in any such action, the board shall pay the balance to the applicant.
Sec. 26. The board shall prepare and transmit annually to the governor and legislature a report of its activities under this chapter including the name of each applicant, a brief description of the facts in each case and the amount of any compensation awarded.
Sec. 27. Funds for payment of compensation as ordered by the board shall be paid from the state board of examiners emergency fund.
________
κ1969 Statutes of Nevada, Page 1155κ
Assembly Bill No. 720Committee on Commerce
CHAPTER 605
AN ACT relating to public utilities; providing a method of assessing a utility conveying its assets or certificate of public convenience and necessity; clarifying the provision on free or reduced transportation charges; permitting the public service commission of Nevada to make regulations; establishing procedures for the transfer of a certificate and giving notice of a revocation hearing; providing penalties; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 704.020 is hereby amended to read as follows:
704.020 1. As used in this chapter, public utility shall mean and embrace:
(a) Any person, partnership, corporation, company, association, their lessees, trustees or receivers (appointed by any court whatsoever) that now, or may hereafter, own, operate, manage, or control any railroad or part of a railroad as a common carrier in this state, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether owned by such railroads or otherwise.
(b) Any person, partnership, corporation, company or association owning or operating automobiles, auto trucks or other self-propelled vehicles engaged in transporting persons or property for hire over and along the highways of this state as common carriers.
(c) Express companies, telegraph and telephone companies.
(d) Any plant, property or facility furnishing facilities to the public for the transmission of intelligence via electricity. The provisions of this paragraph do not apply to interstate commerce.
(e) Radio or broadcasting instrumentalities providing common or contract service and [airship] aircraft common and contract carriers.
(f) All companies which may own cars of any kind or character, used and operated as a part of railroad trains, in or through this state.
All duties required of and penalties imposed upon any railroad or any officer or agent thereof shall, insofar as the same are applicable, be required of and imposed upon the owner or operator of such automobiles, auto trucks or other self-propelled vehicles transporting persons or property for hire over and along the highways of this state as common carriers, express companies, telegraph and telephone, radio, broadcasting, [airship] aircraft companies, and companies which may own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission shall have the power of supervision and control of all such companies and individuals to the same extent as of railroads.
(g) Community antenna television companies.
2. Public utility shall also embrace:
(a) Any person, partnership, corporation, company, association, their lessees, trustees or receivers (appointed by any court whatsoever) that now or hereafter may own, operate or control any ditch, flume, tunnel or tunnel and drainage system, charging rates, fares or tolls, directly or indirectly.
κ1969 Statutes of Nevada, Page 1156 (CHAPTER 605, AB 720)κ
tunnel and drainage system, charging rates, fares or tolls, directly or indirectly.
(b) Any plant or equipment, or any part of a plant or equipment, within the state for the production, delivery or furnishing for or to other persons, firms, associations, or corporations, private or municipal, heat, gas, coal slurry, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service, whether within the limits of municipalities, towns or villages, or elsewhere.
The commission is hereby invested with full power of supervision, regulation and control of all such utilities, subject to the provisions of this chapter and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law.
3. The provisions of this chapter and the term public utility shall apply to:
(a) The transportation of passengers and property and the transmission or receipt of messages, intelligence or entertainment, between points within the state.
(b) The receiving, switching, delivering, storing and hauling of such property, and receiving and delivering messages.
(c) All charges connected therewith, including icing charges and mileage charges.
(d) All railroads, [corporations, airships,] automobiles, auto trucks, or other self-propelled vehicles, express companies, car companies, freight and freight-line companies, and all associations of persons, whether incorporated or otherwise, that shall do any business as a common carrier upon or over any line of railroad or any public highway within this state.
(e) Any common carrier engaged in the transportation of passengers and property, wholly by rail, or partly by rail and partly by water, or by air, or property by pipeline.
Sec. 2. NRS 704.035 is hereby amended to read as follows:
704.035 1. The commission shall determine as soon as practicable after April 15 of each year the gross operating revenue of each public utility for the preceding calendar year.
2. Notice of the assessment and the amount thereof shall be given no later than July 1 of each year to each public utility assessed by registered or certified mail to the address of such public utility on file with the commission, but failure to notify any such utility shall not invalidate the assessment with respect thereto.
3. The assessment shall be due and payable on August 1 of each year but may, at the option of the public utility, be paid quarterly on August 1, November 1, February 1 and May 1.
4. When a public utility sells, transfers or conveys substantially all of its assets or certificate of public convenience and necessity, the commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after such sale, transfer or conveyance, unless the transferee has assumed liability for such assessment. For purposes of this subsection the jurisdiction of the commission over the selling, transferring or conveying public utility shall continue until it has paid such assessment.
κ1969 Statutes of Nevada, Page 1157 (CHAPTER 605, AB 720)κ
5. The commission may bring an appropriate action in its own name for the collection of any assessment which is not paid on the dates required in [subsection 3.] subsections 3 and 4.
Sec. 3. NRS 704.140 is hereby amended to read as follows:
704.140 1. It shall be unlawful for any person [, firm or corporation] engaged in business as a common carrier to give or furnish to any state, district, county or municipal officer of this state, or to any person other than those named herein, any pass, frank, free or reduced transportation, or for any state, district, county or municipal officer to accept any pass, frank, free or reduced transportation.
2. [Nothing herein shall prevent the carriage, storage or hauling of freight free or at reduced rates for the United States, the State of Nevada, or any political subdivision thereof, or for charitable purposes, or for fairs and expositions, or household goods and supplies, the property of employees, the equipment of a contractor under contract with a common carrier for use under such contract, and the issuance of mileage, commutation, excursion passenger tickets or party tickets, if the same shall be obtainable by any person applying therefor without discrimination.
3. This chapter shall not be construed:
(a) As preventing railroads from giving free transportation or reduced rates to contractors under a contract with such common carrier or to employees of contractors employed under such contract, ministers of the gospel, regularly employed secretaries of the Y.M.C.A. or Y.W.C.A., state officers of each recognized military ex-service organization, including ladies auxiliaries thereof, not exceeding three from each such organization, constables, college professors, school teachers, students of institutions of learning, students of public schools, disabled or homeless persons, railroad officers, attorneys, directors or employees, or the members of their families, or pensioned or disabled ex-employees, their minor children or dependents, or bona fide ex-employees in search of employment; or
(b) To prevent the exchange of passes with officers, attorneys or employees of other railroads, telegraph or express companies, and members of their families.
4. Upon shipment of livestock or other property requiring the care of an attendant, the railroad may furnish to the shipper or such person or persons designated by him free transportation, including return passage to the place of shipment, if there is no discrimination between such shippers.
5.] This section does not prevent the carriage, storage or hauling of property free or at reduced rates for the United States, the State of Nevada, or any political subdivision thereof, for charitable purposes.
3. This chapter does not prohibit a common carrier from giving free or reduced rates for transportation of:
(a) Its own officers, commission agents, employees, attorneys, physicians and surgeons and members of their families, and pensioned and disabled ex-employees, their minor children or dependents, or witnesses attending any legal investigation in which such carrier is interested.
(b) Inmates of hospitals or charitable institutions.
(c) Persons injured in accidents or wrecks and physicians and nurses attending such persons.
κ1969 Statutes of Nevada, Page 1158 (CHAPTER 605, AB 720)κ
(d) Persons providing relief in cases of common disaster, or for contractors and their employees, in carrying out their contract with such carrier.
(e) Peace officers when on official duty.
(f) Attendants of livestock or other property requiring the care of an attendant, including return passage to the place of shipment, if there is no discrimination between such shippers.
(g) Employees of other carriers subject to regulation in any respect by the commission, or for the officers, agents, employees, attorneys, physicians and surgeons of such other carriers, and the members of their families.
4. This chapter does not prohibit common carriers from giving reduced rates for transportation to:
(a) Indigent, destitute or homeless persons, when under the care or responsibility of charitable societies, institutions or hospitals, and the necessary agents employed in such transportation.
(b) Students of institutions of learning.
5. Employees, as used in this section, includes furloughed, pensioned and superannuated employees, and persons who have become disabled or infirm in the service of any such carrier, and persons traveling for the purpose of entering the service of any such carrier.
6. Any person violating the provisions of this section shall be punished by a fine of not more than $500.
Sec. 4. NRS 704.180 is hereby amended to read as follows:
704.180 1. Every public utility shall:
(a) Keep and render to the commission, in the manner, form and detail prescribed by the commission, uniform and detailed accounts of all business transacted; and
(b) Furnish the commission with an annual report in such form and detail as shall be prescribed by the commission.
2. The accounts of every public utility shall be closed annually on January 1, and the reports herein required shall be filed not later than April 15 following.
3. The commission may at any time call for desired information omitted from such reports or not provided for therein, when in the judgment of the commission such information is necessary.
4. Any commissioner or any person or persons authorized by the commission shall have the right to examine the books, accounts, records, minutes and papers of any public utility for the purpose of determining their correctness and whether they are being kept in accordance with the rules and regulations and form prescribed by the commission. [; but where any public utility is required by the United States Government to keep accounts in a specified manner, such system shall be followed, as shall the fiscal years fixed by the United States Government.]
Sec. 5. NRS 704.210 is hereby amended to read as follows:
704.210 The commission shall have full power:
1. To make necessary and reasonable rules and regulations governing the procedure, administration and enforcement of the provisions of this chapter.
2. To prescribe classifications of the service of all public utilities, and fix and regulate the rates therefor.
κ1969 Statutes of Nevada, Page 1159 (CHAPTER 605, AB 720)κ
[2.] 3. To fix just and reasonable charges for transportation of all intrastate freight and passengers, sleeping-car accommodations and all matter carried by express companies within the state, for the transportation of messages by telegraph companies, and the rates and tolls for the use of telephone lines within the state.
[3.] 4. To make just and reasonable regulations for the apportionment of all joint rates and charges between public utilities.
Sec. 6. NRS 704.290 is hereby amended to read as follows:
704.290 1. The commission shall have power in the supervision, regulation and control of rates and services of all public utilities, and in the adoption of necessary rules and regulations in connection therewith:
(a) To cooperate with the Interstate Commerce Commission, the Department of Commerce, the Bureau of Standards, [the Federal Radio Commission,] the Federal Power Commission, [and] the Federal Trade Commission [.] , the Federal Communications Commission, the Department of Transportation, the Federal Aviation Agency, the Coast Guard and the Civil Aeronautics Board.
(b) To confer with regulating bodies of other states on any matters that are of mutual concern and benefit to the patrons of public utilities of this state.
2. The commission is authorized to avail itself of the cooperation, services, records and facilities of federal and state regulating tribunals. It may hold joint hearings and participate in joint conferences with a view to reaching decisions in such cooperative cases.
Sec. 7. NRS 704.390 is hereby amended to read as follows:
704.390 1. It shall be unlawful for any public utility to discontinue, modify or restrict service to any city, town, municipality, community or territory theretofore serviced by it, except upon [20] 30 days notice filed with the commission, specifying in detail the character and nature of the discontinuance or restriction of the service intended, and upon order of the commission, made after hearing, permitting such discontinuance, modification or restriction of service.
2. The commission in its discretion and after investigation, may dispense with the hearing on the application for discontinuance, modification or restriction of service, if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the application has been filed by or on behalf of any interested person.
Sec. 8. NRS 704.410 is hereby amended to read as follows:
704.410 [A certificate of public convenience issued to a public utility may be transferred to a purchaser of all the assets or a control of the corporate voting securities of the utility. The purchaser shall first furnish such evidence of its corporate character and of its franchise or permits as may be required by the commission, and the commission shall have the power, after hearing, to approve or refuse approval of the transfer, but shall not otherwise alter, amend or abridge the certificate.]
1. Any public utility coming within the terms of NRS 704.010 to 704.810, inclusive, to whom a certificate or certificates of public convenience and necessity have been issued pursuant to NRS 704.010 to 704.810, inclusive, may transfer such certificate or certificates to another person qualified under NRS 704.010 to 704.810, inclusive, but no such transfer is valid for any purpose until a joint application to make such transfer has been made to the commission by the transferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor.
κ1969 Statutes of Nevada, Page 1160 (CHAPTER 605, AB 720)κ
transfer is valid for any purpose until a joint application to make such transfer has been made to the commission by the transferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor.
2. In determining whether the transfer of a certificate or certificates of public convenience and necessity to an applicant transferee should or should not be authorized, the commission shall take into consideration:
(a) The utility service performed by transferor and the proposed utility service of transferee;
(b) Other authorized utility services in the territory for which such transfer is sought; and
(c) Whether the transferee is fit, willing and able to perform the services of a public utility and whether the proposed operation will be consistent with the legislative policies set forth in NRS 704.010 to 704.810, inclusive.
3. The commission may make such amendments, restrictions or modifications in a certificate or certificates upon transferring such certificates, as the public interest may require.
4. No transfer is valid beyond the life of the certificate or certificates transferred.
5. No transfer of stock of a public utility subject to the jurisdiction of the commission is valid without prior approval of the commission if the effect of such transfer would be to change corporate control of the public utility or if a transfer of 15 percent or more of the common stock of the public utility is proposed.
Sec. 9. NRS 704.450 is hereby amended to read as follows:
704.450 1. Upon a complaint made against any public utility by any mercantile, agricultural or manufacturing society or club, or by any body politic or municipal organization, or by any person or persons, firm or firms, corporation or corporations, association or associations, the same being interested, that any of the rates, tolls, charges or schedules, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurements, practice or act whatsoever affecting or relating to the transportation of persons or property, or any service in connection therewith, or the production, transmission or delivery or furnishing of heat, light, gas, coal slurry, water or power, or any service in connection therewith or the transmission thereof is, in any respect, unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate, the commission shall [proceed, with or without notice, to make an investigation of such complaint.] , within 10 days after receipt on such complaint, provide the public utility complained against with a copy of the complaint. Within a reasonable time thereafter the commission shall investigate such complaint.
2. If, as a result of such investigation, the commission shall determine that probable cause exists for such complaint, it shall order a hearing thereof, [upon notice to the public utility.] and such hearing shall be noticed as provided in section 15 of this act, and conducted as any other hearing before the commission.
3. No order affecting such rates, tolls, charges, schedules, regulations, measurements, practice or act complained of shall be entered without a formal hearing [.] at which both the complainant and the public utility are entitled to appear by counsel or otherwise and be fully heard, unless a hearing is dispensed with as provided in section 15 of this act.
κ1969 Statutes of Nevada, Page 1161 (CHAPTER 605, AB 720)κ
public utility are entitled to appear by counsel or otherwise and be fully heard, unless a hearing is dispensed with as provided in section 15 of this act.
Sec. 10. NRS 704.480 is hereby amended to read as follows:
704.480 1. A full and complete record shall be kept of all [proceedings] hearings before the commission, [or its representative on any formal investigation,] and all testimony shall be taken down by the stenographer appointed by the commission, or, under the direction of any competent person appointed by the commission, reported by sound recording equipment in the manner authorized for reporting testimony in district courts. The testimony so reported, either by stenographer or sound recording, shall be transcribed, and the transcript filed with the record in the matter. Cost of recording and transcribing testimony at any hearing, except those hearings ordered pursuant to NRS 704.450, shall be paid by the applicant. If a complaint is made pursuant to NRS 704.450 by a customer or by a body politic or municipal organization, the complainant is not liable for any costs. Otherwise, if there are several applicants or parties to any hearing, the commission may apportion the costs among them in its discretion.
2. Whenever any complaint is served upon the commission as provided in NRS 704.540 for the bringing of actions against the commission, before the action is reached for trial, the commission shall cause a certified copy of all proceedings [held] and testimony taken [upon such investigation] to be filed with the clerk of the court in which the action is pending.
3. A copy of such proceedings and testimony shall be furnished to any party, on payment of a reasonable amount therefor, to be fixed by the commission, which amount shall be uniform per folio to all parties. The amount so charged and collected shall be turned over by the commission to the state treasurer, and by him carried into the fund appropriated for the general expenses of the commission.
Sec. 11. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 15, inclusive, of this act.
Sec. 12. As used in this chapter, person means any individual, firm, association, partnership, corporation, lessee, trustee, receiver or company engaged in or intending to engage in the operation of a public utility.
Sec. 13. When a complaint has been filed with the commission alleging that any person is providing a service which requires a certificate of public convenience and necessity, or when the commission has reason to believe that any provision of NRS 704.020 to 704.810, inclusive, is being violated, the commission shall investigate such operation and the commission may, after hearing, make its order requiring that such person cease and desist from any operation in violation of NRS 704.020 to 704.810, inclusive. The commission shall enforce compliance with such order under the powers vested in the commission by NRS 704.010 to 704.810, inclusive, or other law.
Sec. 14. 1. No certificate of public convenience and necessity issued in accordance with the terms of NRS 704.010 to 704.810, inclusive, is either a franchise or irrevocable.
2. At any time, for good and sufficient cause, the commission may, after investigation and upon 5 days written notice to the grantee, suspend any certificate of public convenience and necessity for a period not to exceed 60 days.
κ1969 Statutes of Nevada, Page 1162 (CHAPTER 605, AB 720)κ
after investigation and upon 5 days written notice to the grantee, suspend any certificate of public convenience and necessity for a period not to exceed 60 days.
3. Upon receipt of a written complaint or upon its own motion, the commission may, after investigation and hearing, revoke any certificate of public convenience and necessity. If service of the notice of revocation proceedings cannot be made upon the grantee, or if the commission receives a written relinquishment from the grantee of his interest in the certificate of public convenience and necessity, the commission may revoke such certificate of public convenience and necessity without hearing.
4. The proceedings thereafter shall be governed by the provisions of NRS 704.540 to 704.580, inclusive.
Sec. 15. 1. When, in any matter pending before the commission, a hearing is normally required by law, the commission shall give notice of the pendency of the matter to all persons entitled to notice of the hearing. The commission shall by regulation specify:
(a) The manner of giving such notice; and
(b) Where not specified by law, the persons entitled to notice in each type of proceeding.
2. Unless, within 10 days after the giving of the notice of pendency, a person entitled to notice of the hearing files with the commission a request that the hearing be held, the commission may dispense with a hearing and act upon the matter pending.
3. If a request for a hearing is filed, the commission shall give at least 10 days notice of the hearing.
Sec. 16. NRS 704.460 and 704.470 are hereby repealed.
________
Assembly Bill No. 721Committee on Commerce
CHAPTER 606
AN ACT relating to the public service commission of Nevada; authorizing such commission to collect certain filing fees; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The commission shall collect from any person, partnership, corporation, company, association, lessee, trustee or receiver (appointed by any court whatsoever) a fee for the filing of any official document as provided for in chapters 318, 704, 705, 706, 707 and 708 of NRS, or which may be required by any rule or regulation of the commission. Such fees shall not exceed:
(a) For applications, $200.
(b) For petitions seeking affirmative relief, $200.
κ1969 Statutes of Nevada, Page 1163 (CHAPTER 606, AB 721)κ
(c) For each tariff page which requires public notice and is not attached to an application, $10, but if more than one page is filed at one time, the total fee shall not exceed the cost of notice and publication.
(d) For all other miscellaneous papers or documents not otherwise provided for which require public notice, $10.
2. The commission shall not charge a fee for the filing of complaints, and if any application paper or document is rejected by the commission for the reason that it is incomplete or inappropriate, the filing fee shall be returned.
3. All moneys collected by the commission pursuant to this section shall be deposited in the state treasury to the credit of the public service commission regulatory fund.
________
Assembly Bill No. 796Committee on Taxation
CHAPTER 607
AN ACT specifying the date when census figures become effective for the apportioning of taxes collected.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Where any tax is collected by the Nevada tax commission for apportionment in whole or in part to any political subdivision where the basis of such apportionment is the population of such political subdivision as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the transition from one such census to the next shall be made on July 1 of the year following the year in which such census is taken. Every payment prior to such date shall be based upon the earlier census and every payment after such date shall be based upon the later census.
________
κ1969 Statutes of Nevada, Page 1164κ
Senate Bill No. 298Committee on Health and Welfare
CHAPTER 608
AN ACT relating to cosmetology; modifying the exemption of cosmetologists from provisions requiring a barbers license; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 643.180 is hereby amended to read as follows:
643.180 This chapter shall not apply:
1. To [beauty parlors and beauty operators.] licensed hairdressers and cosmeticians.
2. To embalmers or undertakers in cutting the hair or trimming the beard of any deceased person in preparation for burial or cremation.
[3. To any person employed on a railroad train engaged in interstate commerce.]
Sec. 2. Chapter 644 of NRS is hereby amended by adding thereto a new section which shall read as follows:
It is unlawful for any licensed cosmetological establishment:
1. To engage primarily in the business of cutting mens hair; or
2. To represent itself to the public as primarily engaged in the business of cutting mens hair.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 398Committee on Transportation
CHAPTER 609
AN ACT relating to taxation of campers; requiring the county assessors to provide stickers to be placed upon campers after payment of the property tax; and providing other matters properly relating thereto.
[Approved April 24, 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 provision which shall read as follows:
As used in NRS 361.562 to 361.5644, inclusive:
1. Camper means an enclosed attachment which is designed for mounting on a motor vehicle and which is intended for temporary living purposes. Camper does not include a covered canopy mounted on a motor vehicle and which is not equipped with permanent facilities for the preparation or storage of food or for sleeping purposes.
2. Travel trailer means a vehicular, portable structure built on a chassis:
(a) Designed as a temporary dwelling for travel, recreational and vacation use;
κ1969 Statutes of Nevada, Page 1165 (CHAPTER 609, SB 398)κ
(b) Permanently identified as a travel trailer by an inscription on the trailer by the manufacturer; and
(c) When factory-equipped for the road, having a body width of not more than 8 feet and:
(1) Any length if the gross weight does not exceed 4,500; or
(2) Any weight if its body length does not exceed 29 feet.
Sec. 2. NRS 361.562 is hereby amended to read as follows:
361.562 1. Upon receipt of every report of sales of mobile homes or campers from a dealer, the department of motor vehicles shall immediately give written notice to the county assessor of each county in which is contained the address of a purchaser of a mobile home or camper as shown in such report.
2. If the purchaser of a mobile home or camper does not register and license the mobile home or camper upon taking possession, pursuant to the provisions of NRS 482.397, and pay the personal property tax thereon, he shall, within 30 days from the date of purchase of such mobile home [:] or camper:
(a) Pay to the county assessor all personal property taxes levied against such mobile home or camper and its contents; or
(b) Satisfy the county assessor that he owns real estate within the county of sufficient value, in the county assessors judgment, to pay the taxes on both his real and personal property.
Sec. 3. NRS 361.563 is hereby amended to read as follows:
361.563 Every person who brings into the State of Nevada or purchases from a person other than a dealer any mobile home or camper on which the personal property tax has not been paid in this state for the current fiscal year shall within 30 days from the date of entry or purchase comply with the provisions of paragraph (a) or (b) of subsection 2 of NRS 361.562.
Sec. 4. NRS 361.5641 is hereby amended to read as follows:
361.5641 Whenever any person who has purchased a mobile home or camper on which he is required to pay a personal property tax, either as a condition precedent to registration pursuant to NRS 482.397 or under the provisions of NRS 361.562 or 361.563, establishes to the satisfaction of the county assessor that he has paid the personal property tax for the current fiscal year on another mobile home or camper which he has sold or exchanged, the county assessor shall allow as a credit against the personal property tax required to be paid an amount equal to one-twelfth of the personal property tax previously paid multiplied by the number of full months remaining in the current fiscal year after the sale or exchange of the mobile home or camper on which such tax was paid.
Sec. 5. NRS 361.5642 is hereby amended to read as follows:
361.5642 Every person who on July 1 owns any mobile home or camper situated in the State of Nevada shall within 30 days thereafter comply with the provisions of paragraph (a) or (b) of subsection 2 of NRS 361.562.
Sec. 6. NRS 361.5643 is hereby amended to read as follows:
361.5643 Upon compliance by the purchaser of a camper or the purchaser of a mobile home, which is not registered and licensed, or which the purchaser has not declared his intention to register and license immediately after payment of the tax, pursuant to the provisions of NRS 482.397, with the provisions of NRS 361.562, 361.563 or 361.5642 the county assessor shall deliver to the purchaser a sticker which the purchaser shall affix to the front window of the mobile home or any window of the camper in such a manner that the printed matter thereon may be read from outside the vehicle [.]
κ1969 Statutes of Nevada, Page 1166 (CHAPTER 609, SB 398)κ
immediately after payment of the tax, pursuant to the provisions of NRS 482.397, with the provisions of NRS 361.562, 361.563 or 361.5642 the county assessor shall deliver to the purchaser a sticker which the purchaser shall affix to the front window of the mobile home or any window of the camper in such a manner that the printed matter thereon may be read from outside the vehicle [.] or camper. Stickers shall contain such printed matter as the county assessor shall determine. Upon delivery of a sticker the county assessor shall collect from the purchaser of the mobile home or camper the sum of $1. All proceeds received by the county assessor from the sale of stickers shall be deposited to the credit of the county general fund.
Sec. 7. NRS 361.5644 is hereby amended to read as follows:
361.5644 1. If the purchaser or owner of a mobile home or camper fails to comply with the provisions of paragraph (a) or (b) of subsection 2 of NRS 361.562 or with the provisions of NRS 361.563 or 361.5642 within the required time the county assessors shall collect a penalty, which shall be added to the tax and collected therewith in the amount of 10 percent of the tax due, plus:
(a) If the tax on a mobile home is paid within 1 month after it is due, $3 [.] , and if paid on a camper or travel trailer within 1 month, $1.
(b) If the tax on a mobile home is paid more than 1 month after it is due, $3 for each full month or final fraction of a month which has elapsed [.] , and if paid on a camper or travel trailer more than 1 month after it is due, $1 for each such month.
2. If any person required to pay a personal property tax under the provisions of NRS 361.562, 361.563 or 361.5642 neglects or refuses to pay such tax on demand of the county assessor, the county assessor or his deputy shall seize the mobile home or camper upon which such taxes are due and proceed in accordance with the provisions of NRS 361.535.
3. The tax is due and the tax and any penalty shall be computed for each fiscal year from:
(a) The date of purchase within or importation into this state, under NRS 361.562 and 361.563.
(b) July 1, under NRS 361.5642.
Sec. 8. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
When a camper, as defined in section 1 of this act, is sold in this state, the seller shall complete and execute a report of sale. Such report of sale shall be in a form prescribed by the department and shall include a description of the camper, the name and address of the seller and the name and address of the buyer. If there is a security interest involved in the sale to secure all or a part of the purchase price of the camper, the report of sale shall contain the name and address of the secured party or his assignee.
________
κ1969 Statutes of Nevada, Page 1167κ
Senate Bill No. 481Senator Pozzi
CHAPTER 610
AN ACT making an appropriation from the general fund in the state treasury to the state school construction relief fund; and providing other matters properly relating thereto.
[Approved April 24, 1969]
Whereas, By the provisions of section 22 of chapter 441, Statutes of Nevada 1967, the sum of $259,128 was appropriated from the general fund in the state treasury to the state distributive school fund for school construction relief during the biennium commencing July 1, 1967, and ending June 30, 1969; and
Whereas, Ormsby County School District met the requirements of NRS 387.155, made formal application for state aid under NRS 387.145 to 387.165, inclusive, and was entitled to receive the sum of $259,128 so appropriated by section 22 of chapter 441, Statutes of Nevada 1967; and
Whereas, Ormsby County School District thereafter pursuant to law offered for sale its authorized negotiable coupon bonds for the purpose of obtaining funds, which together with the authorized state aid, would be expended for the construction of new school buildings; and
Whereas, All bids for the bonds were rejected by the board of trustees of the Ormsby County School District because of excessive interest rates; and
Whereas, The moneys appropriated by section 22 of chapter 441, Statutes of Nevada 1967, for school construction relief will revert to the general fund in the state treasury on June 30, 1969, if not expended prior to that date, and even though the board of trustees of Ormsby County School District have readvertised the bonds for sale the same may not be sold prior to June 30, 1969, because of unattractive interest rates; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium commencing July 1, 1969, and ending June 30, 1971, there is hereby appropriated from the general fund in the state treasury to the state school construction relief fund the sum of $259,128.
Sec. 2. This act shall become effective on July 1, 1969, only if the sum of $259,128 appropriated to the state distributive school fund for school construction relief by section 22 of chapter 441, Statutes of Nevada 1967, reverts to the general fund in the state treasury on June 30, 1969.
________
κ1969 Statutes of Nevada, Page 1168κ
Senate Bill No. 532Senator Pozzi
CHAPTER 611
AN ACT providing for certain additions to the Nevada highway patrol; and providing other matters properly relating thereto.
[Approved April 24, 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:
1. The Nevada highway patrol shall be composed, in addition to the personnel enumerated in NRS 481.140, of supplementary patrolmen to the extent permitted by the moneys which are available for such purposes in the special fund created by Senate Bill No. 191, but no more than 5 such additional patrolmen may be added in any 1 fiscal year.
2. The director of the department of motor vehicles shall appoint such additional patrolmen as soon after the beginning of each fiscal year as he can determine the amount of moneys which are available in the special fund. Salaries, travel and subsistence payments shall be as provided in NRS 481.170.
________
Senate Bill No. 534Committee on Finance
CHAPTER 612
AN ACT authorizing the issuance of general obligation state securities in not to exceed the aggregate principal amount of $6,500,000, for the purpose of acquiring with the proceeds thereof certain buildings, structures, facilities and improvements required by the State of Nevada at the University of Nevada, Reno, the University of Nevada, Las Vegas, the division of state parks of the state department of conservation and natural resources in Carson City, and for mentally retarded childrens cottages in Washoe and Clark counties, Nevada; requiring annually the levy and collection of a general (ad valorem) property tax to pay the interest on and principal of such securities, and appropriating the proceeds of such taxes for that purpose; prescribing powers, duties and responsibilities of the state general obligation bond commission, the state planning board and state officers; making an appropriation to the state general obligation bond commission fund in the state treasury; relating to the construction and other acquisition of properties appertaining to such facilities; otherwise concerning such securities and properties, and taxes, other moneys, and pledges and liens pertaining thereto, by reference to the State Securities Law; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Terms used or referred to in this act are as defined in the State Securities Law; but the terms commission and project, wherever used or referred to in this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 and 3 of this act.
Sec. 2. Commission means the state general obligation bond commission.
κ1969 Statutes of Nevada, Page 1169 (CHAPTER 612, SB 534)κ
Sec. 3. Project means the construction and other acquisition of the buildings, structures and appurtenances required by the State of Nevada as enumerated and described in section 4 of this act.
Sec. 4. After receipt of a resolution from the state planning board certifying the need for moneys with which to acquire each component of the following-described project, the commission is authorized to acquire the properties comprising each such component at costs not exceeding the respective amounts set forth below opposite the description of each component:
Construction of chemistry and lecture buildings of phase II of the physical science building project on the campus of the University of Nevada, Reno................................................................................................. $221,638
Construction of a college of education building on the campus of the University of Nevada, Reno......................................................... 1,103,500
Construction of a college of education building on the campus of the University of Nevada, Las Vegas................................................ 1,412,200
Construction of a humanities building on the campus of the University of Nevada, Las Vegas........................................................................ 3,382,462
Construction of a shop and warehouse, division of state parks of the state department of conservation and natural resources, Carson City .......................................................................................................... 50,200
Construction of cottages in Washoe County and in Clark County for mentally retarded children............................................................................ 330,000
Sec. 5. The commission, on the behalf and in the name of the state, may:
1. Acquire the properties appertaining to the project, including without limitation water and water rights, for the benefit and welfare of the people of the state; and
2. Borrow money and otherwise become obligated in a total principal amount of not exceeding $6,500,000 to defray wholly or in part the cost of the project, or any part thereof.
Sec. 6. 1. Subject to the limitations as to maximum principal amounts in section 5 of this act, the commission may issue to evidence such obligations at any time or from time to time after the adoption of this act, but not after 5 years from the effective date thereof, as the commission may determine, general obligation state securities in accordance with the provisions of the State Securities Law, as from time to time amended, without limitation by any restriction upon the incurrence of indebtedness in any other act, except as limited in the State Securities Law and in this act.
2. Nothing in this act shall be construed as preventing the commission from funding, refunding or reissuing any outstanding state securities issued by the commission or any predecessor thereof at any time as provided in the State Securities Law, as from time to time amended, except as therein limited.
Sec. 7. 1. An annual general (ad valorem) tax shall be levied and collected sufficient to pay the interest on the state securities semiannually, and the principal thereof within 20 years from the passage of this act.
κ1969 Statutes of Nevada, Page 1170 (CHAPTER 612, SB 534)κ
2. The proceeds of such taxes are specially appropriated to the payment of such principal and interest.
3. Such appropriation shall not be repealed nor the taxes postponed or diminished until such principal and interest has been wholly paid.
4. The payment of such securities, the levy of such taxes and the appropriation of the proceeds thereof shall be in the manner delineated in NRS 349.236 to 349.248, inclusive, being a part of the State Securities Law, and other provisions therein supplemental thereto.
Sec. 8. 1. There is hereby appropriated from the general fund in the state treasury to the state general obligation bond commission fund the sum of $25,000.
2. Within the limitations of the appropriation made by subsection 1, the commission is authorized to employ legal, fiscal and other expert services in connection with the authorization, issuance and sale of the state securities. All expenses incurred for the preparation, sale and delivery of the state securities, including the preparation of the certified copy of the transcript for the successful bidder, are legal charges against the state general obligation bond commission fund.
Sec. 9. The proceeds of the sale or sales of the state securities except the proceeds of any such securities issued to fund or refund outstanding securities shall be credited to the state planning board in the state treasury for its use pursuant to the provisions of section 4 of this act, but if it appears at the time of the receipt of such proceeds that the state planning board does not require all or a portion of such proceeds immediately, such proceeds or portion thereof may be invested by the state board of finance as provided in the State Securities Law.
Sec. 10. 1. The state planning board is charged with the duty of acquiring each of the components comprising the project authorized by this act:
(a) As provided in chapter 341 of NRS; and
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the project described in section 4 of this act.
2. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required for the project and, if necessary, to assist in the preparation of contract documents pertaining to the acquisition of project properties.
3. All work in connection with the project authorized by this act shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.
4. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for each component of the project designated in section 4 of this act. Approved plans and specifications for such project shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on a part or parts of such project, and may let separate contracts for different and separate portions of the project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
κ1969 Statutes of Nevada, Page 1171 (CHAPTER 612, SB 534)κ
Sec. 11. Any and all contracts entered into pursuant to the provisions of this act shall not be binding upon the state until executed or otherwise approved by the governor, including without limitation the execution of state securities in the manner and as otherwise provided in the State Securities Law.
Sec. 12. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and state securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the State Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 13. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 14. 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. 15. This act shall become effective upon passage and approval.
________
Senate Bill No. 540Senator Young
CHAPTER 613
AN ACT relating to parks; directing the submission of a proposal to issue state general obligation bonds for park purposes to a vote of the people; providing for the use of the proceeds if such issuance is approved; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. At the general election to be held in the State of Nevada in 1970, there shall be submitted to the registered voters of the state in the manner prescribed by chapter 349 of NRS a proposal to issue general obligation bonds of the State of Nevada for park purposes in an amount of not more than $5,000,000. If the proposal is carried, the bonds may be issued at one time or from time to time.
Sec. 2. 1. If, on application of the administrator of the state park system, the legislative commission finds that specified real or personal property, or a combination thereof, ought to be acquired for the state park system, it may direct:
(a) The state general obligation bond commission to issue a sufficient amount of the bonds authorized pursuant to section 1 of this act; and
(b) The state park system to acquire such property from the proceeds of such bonds.
κ1969 Statutes of Nevada, Page 1172 (CHAPTER 613, SB 540)κ
2. The legislature finds and declares that the issuance of bonds pursuant to this act is for the protection and preservation of the natural resources of this state and obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
3. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds and the acquisition of property under this act.
Sec. 3. NRS 407.063 is hereby amended to read as follows:
407.063 1. Except as provided in subsection 2, the system may acquire, without prior legislative approval, real or personal property by lease, purchase, gift, grant, devise or in any other manner. The right of eminent domain as provided by chapter 37 of NRS may be exercised by the system only after express [legislative] approval in each case by [statute.] the legislature, or with respect to property whose acquisition is directed by the legislative commission pursuant to law.
2. [If] Unless such acquisition is directed by the legislative commission pursuant to law, if the acquisition of any real or personal property by the system would require, or might require, appropriations by the legislature for the purpose of matching moneys acquired, or of maintaining property acquired on a continuing basis (except for custodial care), or of completing or maintaining on a continuing basis any project or enterprise undertaken with money or property acquired, the system shall not acquire such property without prior legislative approval in the form of a concurrent resolution. Nothing in this subsection shall be construed to prevent negotiations by the system concerning such acquisition prior to legislative approval.
________
Senate Bill No. 546Committee on Finance
CHAPTER 614
AN ACT relating to public education; increasing the basic support guarantee per pupil for the school years 1969-1970 and 1970-1971 and accommodating fluctuating attendance of numbers of physically handicapped or mentally retarded minors; providing guidelines for calculation by the state board of education of average daily attendance; changing the method of determining the amount of available local funds; requiring school districts to pay employers contributions to the public employees retirement fund; providing limitations relating to teachers salary schedules; making appropriations to and authorizing expenditures from the state distributive school fund; ratifying previous apportionments of the state distributive school fund by the state board of education; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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 for the school year commencing July 1, 1969, and ending June 30, 1970, and for the school year commencing July 1, 1970, and ending June 30, 1971, is established for each of the several school districts in the state as follows:
κ1969 Statutes of Nevada, Page 1173 (CHAPTER 614, SB 546)κ
commencing July 1, 1969, and ending June 30, 1970, and for the school year commencing July 1, 1970, and ending June 30, 1971, is established for each of the several school districts in the state as follows:
1969-70 1970-71
Carson City School District.................................. [$513] $592............................................................................ $609
Churchill County School District......................... [511] 585............................................................................ 600
Clark County School District................................ [474] 545............................................................................ 560
Douglas County School District.......................... [475] 578............................................................................ 600
Elko County School District................................. [494] 599............................................................................ 621
Esmeralda County School District....................... [1,101] 1,229............................................................................ 1,253
Eureka County School District............................. [712] 896............................................................................ 934
Humboldt County School District....................... [500] 619............................................................................ 645
Lander County School District............................ [513] 632............................................................................ 658
Lincoln County School District........................... [664] 783............................................................................ 808
Lyon County School District............................... [507] 606............................................................................ 627
Mineral County School District........................... [514] 581............................................................................ 594
Nye County School District................................. [543] 672............................................................................ 701
Pershing County School District......................... [517] 612............................................................................ 631
Storey County School District............................. [642] 952............................................................................ 1,023
Washoe County School District.......................... [477] 553............................................................................ 569
White Pine County School District..................... [530] 622............................................................................ 641
except that for any year when the average daily attendance of physically handicapped or mentally retarded minors receiving special education pursuant to the provisions of NRS 388.440 to 388.540, inclusive, is less than 2 1/2 percent of the total average daily attendance in any school district, the basic support guarantee for such school district shall be reduced by the amount computed by multiplying $600 times the difference between 2 1/2 percent of the total average daily attendance and the average daily attendance of such physically handicapped or mentally retarded minors.
Sec. 2. NRS 387.123 is hereby amended to read as follows:
387.123 1. For making the apportionments of the state distributive school fund authorized and directed to be made under the provisions of Title 34 of NRS, average daily attendance means the [6] 3 months of highest average daily attendance for the current school year of:
(a) Pupils in grades 1 to 12, inclusive, of the public schools plus six-tenths of the pupils in the kindergarten department of the public schools.
(b) Physically [or mentally] handicapped or mentally retarded minors receiving special education pursuant to the provisions of NRS 388.440 to 388.540, inclusive.
(c) Children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.580, inclusive.
2. The state board of education shall establish uniform rules to be used in calculating the average daily attendance of pupils. In calculating average daily attendance of pupils, no pupil specified in paragraphs (a), (b) and (c) of subsection 1 shall be counted more than once. In establishing such rules for the public schools, the state board of education:
(a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.
κ1969 Statutes of Nevada, Page 1174 (CHAPTER 614, SB 546)κ
(b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.
(c) Shall select the three highest monthly attendance quotients for each category of pupils, as established by subsection 1 or pursuant to paragraph (b) of this subsection, in each school.
3. The state board of education shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of the state which is consistent with:
(a) The maintenance of an acceptable standard of instruction;
(b) The conditions prevailing in such school district with respect to the number and distribution of pupils in each grade; and
(c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.
If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, the state board of education shall reduce the average daily attendance for apportionment purposes by the percentage which the number of pupils attending such classes is of the total number of pupils in the district, and may withhold the quarterly apportionment entirely.
Sec. 3. NRS 387.124 is hereby amended to read as follows:
387.124 1. On or before August 1, November 1, February 1 and May 1 of each year, the state controller shall render to the superintendent of public instruction a statement of the moneys in the state treasury subject to distribution to the several school districts of the state as provided in this section.
2. Immediately after the state controller has made his quarterly report, the state board of education shall apportion the state distributive school fund among the several county school districts and joint school districts in the following manner:
(a) Basic support of each school district shall be computed by multiplying the average daily attendance by the basic support guarantee per pupil established in NRS 387.122.
(b) The availability of local funds shall be determined, which local funds shall be the sum of:
(1) The [proceeds of the 70-cent local tax computed as provided in NRS 387.195 or 387.250;
(2) Twenty-five percent of all moneys received by the school district under the provisions of Public Law 874, 81st Congress, approved September 30, 1950, as amended, during the previous year; and
(3)] amount computed by multiplying .007 times the assessed valuation of the school district as certified by the Nevada tax commission for the concurrent school year; and
(2) The proceeds of the local school support tax imposed by chapter 374 of NRS. The Nevada tax commission shall furnish an estimate of such proceeds [, based upon actual collections during the preceding fiscal year,] to the state board of education on or before July 15 for the fiscal year then begun, and the state board of education shall adjust the [August] final apportionment of the [succeeding fiscal] concurrent school year to reflect any difference between such estimate and actual receipts.
κ1969 Statutes of Nevada, Page 1175 (CHAPTER 614, SB 546)κ
fiscal year,] to the state board of education on or before July 15 for the fiscal year then begun, and the state board of education shall adjust the [August] final apportionment of the [succeeding fiscal] concurrent school year to reflect any difference between such estimate and actual receipts.
(c) Apportionment computed on a yearly basis shall consist of the difference between the basic support as computed in paragraph (a) of this subsection and the local funds available as computed in paragraph (b) of this subsection [.] , but no apportionment shall be less than 10 percent of basic support.
(d) Apportionment shall be paid quarterly at the times provided in subsection 1, each quarterly payment to consist of approximately one-fourth of the yearly apportionment as computed in paragraph (c) of this subsection. The first quarterly apportionment based on an estimated number of pupils in average daily attendance and succeeding quarterly apportionments shall be subject to adjustment from time to time as the need therefor may appear. [A final adjustment shall be made in the August apportionment of the succeeding year by adding or subtracting the difference between the amount paid in the previous year and the amount computed on the actual average daily attendance of the highest 6 months of the previous year, so that for any school year the adjusted amount paid shall be equal to, but shall not exceed, the sum computed for the highest 6 months of average daily attendance.] A final apportionment shall be computed as soon as practicable following the close of the school year, but not later than August 1. The final computation shall be based upon the actual average daily attendance for that school year. If the final computation of apportionment for any school district exceeds the actual amount paid to such school district during the school year, the additional amount due shall be paid before September 1. If the final computation of apportionment for any school district is less than the actual amount paid to such school district during the school year, the amount of overpayment shall be deducted from the next apportionment payable to such school district. If the amount of overpayment is greater than the next apportionment payable, the difference shall be repaid to the state distributive school fund by the school district before September 1.
(e) For any year when the average daily attendance of a school district in any category is less than the average daily attendance in such category during the prior year, and such lesser average daily attendance was not anticipated at the time estimates were made by the superintendent of the county or joint school district in June of the preceding school year, the superintendent of public instruction may authorize additional apportionments in amounts such that the total of all apportionments for the year do not exceed the total apportionment for the year that would be computed by substituting the average daily attendance of the prior year in the category so affected for the average daily attendance of the current year in the category so affected. As a condition precedent to such authorization, the superintendent of the county or joint school district shall deliver to the superintendent of public instruction a request setting forth the reasons why the additional apportionment is necessary to the financial support of the school district, and the superintendent of public instruction shall review such request.
κ1969 Statutes of Nevada, Page 1176 (CHAPTER 614, SB 546)κ
review such request. As used in this paragraph, category means any one of the groups of persons separately described in paragraphs (a), (b) and (c) of subsection 1 of NRS 387.123.
(f) The board of trustees of any school district in this state whose estimated receipts from all sources provided by this chapter and chapter 374 of NRS, including any additional apportionment made pursuant to paragraph (e) are less for any fiscal year because of reduced average daily attendance or reduced local income, or both, than the total estimated receipts from such sources in the final approved budget for such fiscal year, and which cannot therefore provide a minimum program of education and meet its contract obligations, may apply for emergency financial assistance from the state distributive school fund and may be granted such assistance upon compliance with the following conditions and procedures:
(1) The tax levy for the applying district shall be the maximum of $1.50 for operating costs as authorized by law, not including any special tax authorized by the provisions of NRS 387.290.
(2) Such application shall be made to the state board of education in such form as shall be prescribed by the superintendent of public instruction, and in accordance with guidelines for evaluating needs for emergency financial assistance as established by the state board of education.
(3) Before acting on any such application, the state board of education and state board of examiners, jointly, shall determine the difference between the total amount of money appropriated and authorized for expenditure during the current biennium from the state distributive school fund and the total amount of money estimated to be payable from such fund during the biennium pursuant to paragraphs (c) and (e), and shall make no distribution in excess of such difference.
(4) The state board of education shall review each application and shall by resolution find the least amount of additional money, if any, which it deems necessary to enable the board of trustees of the applying school district to provide a minimum educational program and meet its irreducible contract obligations. In making such determination, the state board of education shall consider also the amount available in the distributive school fund and the anticipated amount of future applications, so that no deserving school district will be wholly denied relief.
(5) If the state board of education finds that emergency assistance should be granted to an applying school district, it shall transmit its resolution finding such amount to the state board of examiners, along with a report of its then-current estimate of the total requirements to be paid from the state distributive school fund during the then-current fiscal year.
(6) The state board of examiners shall independently review each resolution so transmitted by the state board of education, may require the submission of such additional justification as it deems necessary, and shall find by resolution the amount of emergency assistance, if any, to be granted. The board may defer, and subsequently grant or deny, any part of a request.
(7) The state board of examiners shall transmit one copy of its finding to the state board of education and one copy to the state controller.
κ1969 Statutes of Nevada, Page 1177 (CHAPTER 614, SB 546)κ
finding to the state board of education and one copy to the state controller. Upon receipt of a claim pursuant to a grant of emergency assistance, such claim shall be paid from the state distributive school fund as other claims against the state are paid.
(8) Money received by a school district pursuant to a grant of relief may be expended only in accordance with the approved budget of such school district for the fiscal year for which such grant is made. No formal action to incorporate the money so received in the approved budget is required, but such receipts shall be reported as other receipts are reported and explained in a footnote as emergency loans are explained.
(9) The state board of education shall transmit to the legislature a report of each and every grant of emergency assistance paid pursuant to this paragraph.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be credited with attendance during that period.
Sec. 4. NRS 286.380 is hereby amended to read as follows:
286.380 1. Whenever it is proposed to integrate a previously existing system for public school teachers with the system provided for in this chapter, the procedure provided in this section shall be followed.
2. Whenever two-thirds of the teachers who are now qualified members under the previously existing system and who are legally employed in the state or who are present beneficiaries shall give their approval of the proposed contract of integration, the state board of education, as employer (for the purpose of integration and administration of this chapter) and without the necessity of further financial and actuarial investigation as provided in NRS 286.370, shall execute a contract with the public employees retirement board. The state board of education and the public employees retirement board shall subscribe and execute the written text thereof for the purpose of providing a complete integration of the two systems. The contract shall provide:
(a) That all benefits conferred by the previously existing system shall be preserved to the members of the system after they become members of the system established by this chapter.
(b) That the members of the previously existing system and all public school teachers legally employed as such in the state or by the state department of education shall be required to pay contributions under the system established by this chapter for a period of 1 year before receiving any payments whatsoever from the system established by this chapter, but during the period of 1 year such members shall be eligible to receive benefits under the previously existing system.
(c) That all moneys paid in by the members of the previously existing system shall be restored to them, unless their benefits have already accrued and they are receiving retirement salaries under the previous system.
(d) That the states contribution to the public school teachers permanent fund existing or arising from tax levies shall be transferred and credited currently as a part of the employers contribution under the contract of integration, but the state board of education is authorized to pay necessary administrative expenses incurred in the integration and liquidation of the public school teachers retirement system out of the fund.
κ1969 Statutes of Nevada, Page 1178 (CHAPTER 614, SB 546)κ
of integration, but the state board of education is authorized to pay necessary administrative expenses incurred in the integration and liquidation of the public school teachers retirement system out of the fund.
3. All certified teachers legally employed in the public schools of this state or by the state department of education, whether members of a previously integrated system or not, shall, upon integration of the two systems, become members of the system created by this chapter, and shall be entitled to all the benefits accruing under this chapter.
4. [Upon the integration of the public school teachers retirement system with the system provided for in this chapter, and for the purpose of paying the employers contribution, there shall be appropriated by the legislature a sufficient amount from the general fund to cover the same for each biennium.
5. The state board of education shall collect from the various school districts the employees contributions and transmit the same along with the employers contributions to the public employees retirement board in the same manner as any other public employer.
6. The officers of all school districts in the state and all other officers auditing or allowing claims respecting the public schools shall deduct and transmit the employees contributions to the state board of education.] On and after July 1, 1969, the various school districts shall:
(a) As public employers pay into the public employees retirement fund public employer contributions as required by the provisions of this chapter; and
(b) Collect the employees contributions and transmit the same together with the employers contributions to the public employees retirement board in the same manner as any other public employer.
Sec. 5. NRS 391.160 is hereby amended to read as follows:
391.160 1. The salaries of teachers shall be determined by the character of the service required. In no school district shall there be any discrimination against female teachers in the matter of salary.
2. Whenever a board of trustees of a school district adopts a single salary schedule for teachers which stipulates differences in salary because of differences in level of training or differences in salary because of differences in number of years of teaching experience, any such salary schedule adopted for application after July 1, 1969, shall limit the total difference in salary because of such differences to a ratio of 1 to 1.70.
3. If any board of trustees of a school district has effected a salary schedule prior to the effective date of this section and such schedule does not conform to the limitations set forth in subsection 2, the salary for any teacher reemployed in such school district shall not, exclusive of salary amounts for extra-curricular or extra-time services, be increased by an amount in excess of the amount of salary increase applied to the lowest salary stipulated for a teacher holding a professional level teachers certificate.
Sec. 6. 1. There is hereby appropriated from the general fund in the state treasury to the state distributive school fund for the fiscal year beginning July 1, 1969, and ending June 30, 1970, the sum of $37,676,662. Included in the sum appropriated in this subsection is the sum of $3,571,764 for expenditure by the various school districts in paying public employer contributions into the public employees retirement fund as required by law.
κ1969 Statutes of Nevada, Page 1179 (CHAPTER 614, SB 546)κ
$3,571,764 for expenditure by the various school districts in paying public employer contributions into the public employees retirement fund as required by law.
2. There is hereby appropriated from the general fund in the state treasury to the state distributive school fund for the fiscal year beginning July 1, 1970, and ending June 30, 1971, the sum of $41,381,360. Included in the sum appropriated in this subsection is the sum of $3,787,291 for expenditure by the various school districts in paying public employer contributions into the public employees retirement fund as required by law.
3. The funds appropriated by subsections 1 and 2 of this section shall be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work-programmed for the 2 separate fiscal years, 1969-1970 and 1970-1971, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
4. Transfers to and from allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
5. Notwithstanding any other provisions of this act, the moneys appropriated by subsections 1 and 2 of this section shall be available for both fiscal years, 1969-1970, and 1970-1971, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
6. After June 30, 1970, any unexpended balance of the appropriation made by subsection 1 of this section for the fiscal year 1969-1970 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on June 30, 1971.
7. After June 30, 1971, any unexpended balance of the appropriation made by subsection 2 of this section for the fiscal year 1970-1971 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on June 30, 1972.
Sec. 7. 1. Expenditure of $1,377,964 by the state department of education from the state distributive school fund from funds not appropriated from the general fund in the state treasury is hereby authorized during the fiscal year beginning July 1, 1969, and ending June 30, 1970.
2. Expenditure of $1,461,502 by the state department of education from the state distributive school fund from funds not appropriated from the general fund in the state treasury is hereby authorized during the fiscal year beginning July 1, 1970, and ending June 30, 1971.
3. The funds authorized to be expended by the provisions of such sections 1 and 2 shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
κ1969 Statutes of Nevada, Page 1180 (CHAPTER 614, SB 546)κ
4. The chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized in subsections 1 and 2 for expenditure by the state department of education from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized in subsections 1 and 2.
5. The portion of the moneys in the state distributive school fund provided by appropriation from the general fund shall be decreased to the extent that the receipt of moneys from other sources approved by subsections 1 and 2 of this section are exceeded, but such decrease shall not jeopardize the receipt of such moneys to be received from other sources.
Sec. 8. The legislature hereby ratifies the apportionments of the state distributive school fund made by the state board of education prior to the effective date of this act which were based upon the levy in each county of the 70-cent local tax rather than its actual proceeds.
Sec. 9. 1. This section and section 5 of this act shall become effective upon passage and approval.
2. Sections 1 to 4, inclusive, and sections 6 to 8, inclusive, of this act shall become effective at 12:02 a.m. on July 1, 1969.
________
Senate Bill No. 146Senator Titlow
CHAPTER 615
AN ACT to establish the Central Nevada resource development authority; defining boundaries of the authority; providing for programs of human and renewable natural resource development; providing for a board of directors with certain powers, duties and functions; providing for an advisory commission; and providing other matters properly relating thereto.
[Approved April 24, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. This act shall be known as the Central Nevada Resource Development Act.
Sec. 2. 1. The Central Nevada resource development authority is hereby created.
2. The purpose of the authority is to develop and use the human and renewable natural resources of Central Nevada to supply the existing and potential market for agricultural products, scenic and historical attractions and recreation opportunities.
Sec. 3. As used in this act, unless the context otherwise requires, the words and terms defined in sections 4 to 6, inclusive, have the meanings ascribed to them in such sections.
κ1969 Statutes of Nevada, Page 1181 (CHAPTER 615, SB 146)κ
Sec. 4. Area means the geographical area of jurisdiction of the authority and includes:
1. Esmeralda County;
2. That portion of Eureka County included in the Eureka soil conservation district;
3. That portion of Lander County and of Churchill County included in the Austin soil conservation district; and
4. That portion of Nye County included in the Tonopah soil conservation district north of the first tier of townships north of the Mount Diablo base line.
Sec. 5. Authority means the Central Nevada resource development authority.
Sec. 6. Board means the board of directors of the Central Nevada resource development authority.
Sec. 7. Commission means the advisory planning commission.
Sec. 8. 1. The authority shall be governed by a board of directors composed of five members. The members shall be chosen as follows:
(a) The chairman of the board shall be appointed by the governor for a term of 3 years and until his successor is appointed and qualified. He shall be a resident of the area.
(b) One director shall be selected from their own number by the board of county commissioners of each of the counties of Esmeralda, Eureka, Lander and Nye. If any board of county commissioners fails to make an appointment required by this paragraph within 30 days after the effective date of this act, or after the occurrence of a vacancy on the board, the governor shall make the appointment. Each such director shall serve during the pleasure of the board which was entitled to select him.
2. The position of a member of the board of directors shall be considered vacated upon his loss of any of the qualifications required for his appointment, and the appointing authority shall appoint a successor.
3. A majority of the members of the board shall constitute a quorum for the transaction of the business of the authority.
Sec. 9. 1. An advisory planning commission of eight members shall be selected, two each by the district supervisors of the Austin, Esmeralda, Eureka and Tonopah soil conservation districts respectively.
2. The commission shall elect a chairman from its members for a term of 2 years. A chairman may be reelected.
3. The commission shall prepare and present projects of resource development for the consideration of the board.
Sec. 10. 1. The members of the board and commission shall serve without compensation, but the board shall reimburse the actual and necessary expenses of each member.
2. The board may appoint such officers and employees as it deems necessary to carry out the purposes of this act.
Sec. 11. 1. The board is responsible for the administration of this act.
2. The board may, with the consent of the governing body of each county and soil conservation district within the area, alter the boundaries of the area.
Sec. 12. 1. The powers of the board are to:
(a) Conduct surveys and investigations of resource development needs;
κ1969 Statutes of Nevada, Page 1182 (CHAPTER 615, SB 146)κ
(b) Make and adopt resource development plans;
(c) Construct, operate and maintain structural works for human and renewable natural resource development;
(d) Execute and perform contracts and agreements;
(e) Accept donations, gifts and contributions in money, services, materials or other forms from the United States and any of its agencies, from the State of Nevada and any of its agencies and political subdivisions and from other sources, and to use such donations, gifts or contributions to carry out the purposes of this act;
(f) Borrow money and obligate any assets or potential revenues of the authority for its repayment, but no indebtedness of the authority is an obligation of the State of Nevada or of any political subdivision.
(g) Cooperate with the United States and any of its agencies, with the State of Nevada and any of its agencies and political subdivisions and with land owners and operators within the area;
(h) Acquire, own, control and dispose of real and personal property; and
(i) Do all things necessary and proper to carry out the purposes of this act, including the power to sue and be sued.
2. The board has no power to levy any tax or assessment.
Sec. 13. The board shall cause an audit to be made of all financial affairs of the authority for each fiscal year. The audit shall be made during the months of July and August next following the fiscal year. The financial statement shall be certified by the person making the audit and a copy of such audit shall be presented to the board of county commissioners of the counties of Esmeralda, Eureka, Lander and Nye, respectively.
________
Senate Bill No. 279Committee on Finance
CHAPTER 616
AN ACT relating to education; creating a higher education student loan fund account administered by the state board of education; making an appropriation; and providing other matters properly relating thereto.
[Approved April 25, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in sections 3 to 6, inclusive, of this act institution of higher education means an educational institution which:
1. Admits as regular students only persons having received a certificate of graduation from high school, or the recognized equivalent of such a certificate, or those approved by the state department of education for training at a vocational-technical level.
2. Is authorized to provide a program of education beyond high school;
κ1969 Statutes of Nevada, Page 1183 (CHAPTER 616, SB 279)κ
3. Awards a bachelors degree or a 2-year degree or certificate of graduation or a certificate of completion of a program beyond high school;
4. Is an institution with full approval of the State of Nevada or the office of education of the United States Department of Health, Education, and Welfare; and
5. Has recognized accreditation.
Sec. 3. 1. There is hereby created in the state treasury the higher education student loan fund account.
2. The higher education student loan fund account shall be used to provide loans to further the educational goals of Nevada residents who are admitted to and attending institutions of higher learning.
Sec. 4. (Deleted by amendment.)
Sec. 5. 1. The state board of education shall be responsible for the administration of the higher education student loan program and may consult with any public official or private person in the state who may have an interest in higher education or in such fund.
2. The board may:
(a) Negotiate and accept federal and other funds appropriated and available to insure loans for student educational purposes and to negotiate and enter into such agreements with other agencies as it deems proper for the administration and conduct of such program.
(b) Accept gifts, grants and contributions from any source that will facilitate and assist the higher education of Nevada residents.
Sec. 6. 1. The state board of education shall certify to the controller all withdrawals in the higher education student loan fund account for any of the purposes of sections 2 to 6, inclusive, of this act. The controller shall then issue a warrant to the treasurer in the amount of the certification. The treasurer shall disburse such amount in accordance with the warrant.
2. All moneys received by the state board of education pursuant to the program established under the provisions of sections 2 to 6, inclusive, of this act shall be placed to the credit of the higher education student loan fund account in the state treasury or in other such depositaries as may be required in order to implement this program.
3. The board is responsible for the establishment and maintenance of such records as are required by good accounting practices. The board is authorized to establish rules and regulations for the administration of sections 2 to 6, inclusive, of this act.
Sec. 7. There is hereby appropriated from the general fund in the state treasury the sum of $25,000 to the higher education student loan fund account.
________
κ1969 Statutes of Nevada, Page 1184κ
Assembly Bill No. 410Committee on Commerce
CHAPTER 617
AN ACT relating to trust companies; providing in detail for the licensure and regulation of trust companies not engaged in the banking business; clarifying the law with respect to trust companies as distinguished from banking and trust companies; providing penalties; and providing other matters properly relating thereto.
[Approved April 25, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 55 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 30, inclusive, of this act.
Sec. 2. The legislature finds as facts and determines that:
1. There exists in this state a need to regulate companies which are engaged in the trust company business for the protection of the public interest.
2. Such trust companies should be licensed and regulated in such manner as to promote the public advantage and convenience.
3. It is the purpose of this chapter to bring under public supervision those persons who are engaged in or who desire to engage in the business of a trust company, not in connection with banking business, and to insure that there is established in this state an adequate, efficient and competitive trust company service.
Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 4. Community means a contiguous area of the same economic unit or metropolitan area as determined by the superintendent, and may include all or part of an incorporated city or several towns or cities.
Sec. 5. Court trust means the action of a trust company acting under appointment, order or decree of any court as executor, administrator, guardian, conservator, assignee, receiver, depositary or trustee, or receiving on deposit, money or property from a public administrator under any provision of this chapter or from any executor, administrator, guardian, conservator, assignee, receiver, depositary or trustee under any order or decree of any court.
Sec. 6. Private trust means every other trust, agency, fiduciary relationship or representative capacity other than a court trust.
Sec. 7. Superintendent means the superintendent of banks.
Sec. 8. Trust company means a corporation organized and licensed as provided in this chapter and engaged in trust company business.
Sec. 9. It is unlawful for any person, partnership, association, corporation or other legal entity to engage in the business of a trust company without complying with the provisions of this chapter and having a license issued by the superintendent.
Sec. 10. This chapter does not apply to banks or banking institutions regulated under the provisions of chapters 657 to 668, inclusive, of NRS or to savings and loan institutions regulated under chapter 673 of NRS.
κ1969 Statutes of Nevada, Page 1185 (CHAPTER 617, AB 410)κ
Sec. 11. No trust company may be organized or operated after the effective date of this act with a capital of less than $250,000, or in such greater amount as may be required by the superintendent, and paid-up surplus of $50,000, or in such greater amount as may be required by the superintendent. The full amount of the capital and surplus must be paid in cash, exclusive of all organization expenses, before the trust company is authorized to commence business.
Sec. 12. Any three or more persons, a majority of whom shall be residents of this state, may execute articles of incorporation and be incorporated as a trust company in the manner prescribed in this chapter.
Sec. 13. 1. The articles of incorporation shall contain:
(a) The corporate name adopted by the corporation, which shall be such as to distinguish it from any other trust company formed or incorporated in this state, or engaged in the trust business in this state.
(b) The place where its business is to be conducted.
(c) The purpose for which it is formed.
(d) The amount of its capital stock, which shall be divided into shares of the par value of not less than $25 each, except that upon the written approval of the superintendent the capital stock may be divided into shares of the par value of not less than $1 each. The amount of capital stock shall not be less than $250,000, and shall be assessable.
(e) The amount of its original paid-in surplus, which shall not be less than 20 percent of its capital stock.
(f) The name and place of residence of, and the number of shares subscribed by, each stockholder.
(g) The number of directors, which shall not be less than five, and the names of the stockholders selected to act as the first board of directors, each of whom shall be a bona fide subscriber for at least $1,000 of the stock of the bank, fully paid and not hypothecated. A majority of directors shall be residents of the State of Nevada.
(h) The location of all branch offices as approved by the superintendent.
(i) Such other matters, not inconsistent with law, as the incorporators may deem proper.
2. The articles of incorporation may also provide for the issuance and sale of preferred stock in such amount as shall be fixed by the articles or by amendments thereto, and the amount and number of shares thereof, and the terms and conditions thereof not inconsistent with the provisions of this chapter.
Sec. 14. 1. The secretary of state shall issue a certificate in the form provided by law for other corporations, and the existence of such trust company as a corporation shall date from the issuance of the certificate by the secretary of state, from which time it shall have and may exercise the powers conferred by law upon corporations generally, except as limited or modified by this chapter.
2. Such trust company shall transact no business, except the election of officers, and the taking and approving of their official bonds, and the receipt of payments on account of the subscriptions of the capital stock, and such other business as is incidental to its organization, until it has been authorized by the superintendent to commence the trust company business as provided in this chapter.
κ1969 Statutes of Nevada, Page 1186 (CHAPTER 617, AB 410)κ
Sec. 15. 1. The articles of incorporation shall:
(a) Be subscribed to by at least three of the stockholders of the proposed banking corporation.
(b) Be acknowledged by them before some person competent to take an acknowledgment of deeds.
(c) Be filed in the office of the secretary of state.
2. One copy thereof, duly certified by the secretary of state, shall be filed in the office of the clerk of the county in which the principal place of business of the corporation is intended to be located, and another copy thereof in like manner shall be filed with the superintendent.
Sec. 16. Thereafter, the corporate trust company shall file an application for a license to transact trust company business with the superintendent on forms prescribed by the superintendent, which shall contain such information as the superintendent may require and be accompanied by a $250 investigation fee, which is nonrefundable.
Sec. 17. 1. Within 60 days following the filing of the application for a license the superintendent shall investigate the facts of the application and the other requirements of this chapter to determine:
(a) That the persons who will serve as directors or officers are qualified by character and experience.
(b) That the financial status of the stockholders, directors and officers is consistent with their responsibilities and duties.
(c) That the name of the proposed company is not deceptively similar to that of another trust company or otherwise misleading.
(d) That the capital and surplus are not less than the required minimum.
(e) The need for trust facilities or additional trust facilities in the community where the proposed trust is to be located.
(f) Such other matters concerning the proposed trust company in relation to its location as the superintendent may deem relevant.
2. Within 90 days after the application is filed, the superintendent shall conduct a public hearing to consider the application. At least 30 days prior to such hearing, the superintendent shall give written notice of the hearing to all persons doing a trust business in the community in which the proposed trust company is to be located and to such other persons, institutions or organizations as he may see fit.
Sec. 18. At such hearing the applicant shall have the burden of proving that:
1. The public convenience and advantage will be promoted by the establishment of the proposed trust company.
2. The conditions in the community in which the proposed trust company will transact business afford reasonable promise of successful operation.
3. The trust company is being formed for no other purpose than the legitimate objects contemplated by this chapter.
4. The applicant has complied with all provisions of this chapter and other applicable provisions of law.
Sec. 19. If the superintendent finds that the applicant has met all the requirements of this chapter and other applicable laws, he shall, within 30 days after the conclusion of the hearing, issue a license to the applicant to conduct a trust company business upon the applicants paying the required license fee.
κ1969 Statutes of Nevada, Page 1187 (CHAPTER 617, AB 410)κ
license fee. Otherwise the superintendent shall deny the application and notify the applicant in writing of the reasons for such denial.
Sec. 20. 1. The amount of fees to be paid for a trust company license shall be in proportion to their authorized capitalization as follows:
(a) A trust company having a capitalization of $250,000 and up to and including $500,000 shall pay a license fee of $500.
(b) A trust company having a capitalization of more than $500,000 and up to and including $1,000,000 shall pay a license fee of $750.
(c) A trust company having a capitalization of more than $1,000,000 shall pay a license fee of $1,000.
2. In addition every trust company shall pay a license fee of $100 for each branch office that may be authorized by the superintendent.
3. Thereafter, every such trust company shall pay annually on or before April 1 of each year a license fee equal to the original license fee provided in this section.
4. All moneys collected under the provisions of this section shall be paid into the general fund of the state treasury and the state treasurer shall issue a receipt therefor.
Sec. 21. If a proposed trust company fails to open for business within 6 months after the date the license was issued, or within an additional 6-month extension granted by the superintendent upon written application and for good cause shown, the superintendent shall issue an order canceling the trust companys license.
Sec. 22. 1. Each licensed trust company may:
(a) Act as trustee under any mortgage or bond of any person, firm or corporation, or of any municipality or body politic.
(b) Accept and execute any municipal or corporate or individual trust not inconsistent with the laws of this state.
(c) Act under the order or appointment of any court as guardian, administrator, receiver or trustee.
(d) Act as executor or trustee under any will.
(e) Act as fiscal or transfer agent of any state, municipality, body politic or corporation, and in such capacity receive and disburse money and register, transfer and countersign certificates of stock, bonds and other evidences of indebtedness.
(f) Act as local or resident agent of foreign corporations.
(g) Accept and execute any trust business permitted by any law.
(h) Do and perform all acts necessary to exercise the powers enumerated in this subsection and authorized by this chapter and any other applicable laws of this state.
2. Such trust company may not engage in any banking business by accepting deposits or making loans.
Sec. 23. 1. Every trust company:
(a) Shall keep all trust funds and investments separate and apart from the assets of the company, and all investments made by the company as a fiduciary shall be designated so that the trust or estate to which such investments belong may be clearly identified.
(b) Holding trust funds awaiting investment or distribution may deposit or leave on deposit such funds with a state or national bank. Such funds shall not be deposited or left with the same corporation depositing or leaving on deposit such funds, nor with a corporation or association holding or owning a majority of the capital stock of the trust company making or leaving such deposit, unless such corporation or association first pledges, as security for the deposit, securities eligible for investment by state banks that have a market value equal to that of the deposited funds.
κ1969 Statutes of Nevada, Page 1188 (CHAPTER 617, AB 410)κ
holding or owning a majority of the capital stock of the trust company making or leaving such deposit, unless such corporation or association first pledges, as security for the deposit, securities eligible for investment by state banks that have a market value equal to that of the deposited funds. No security shall be required with respect to any portion of such deposits which is insured under the provisions of any law of the United States.
(c) Acting in any capacity under a court trust or private trust, unless the instrument creating such trust provides otherwise, may cause any securities held by it in its representative capacity to be registered in the name of a nominee or nominees of the company.
(d) When acting as depositary or custodian for the personal representative of a court or private trust, unless the instrument creating the trust provides otherwise, may with the consent of the personal representative of the trust, cause any securities held by it to be registered in the name of a nominee or nominees of the company.
2. Every trust company is liable for any loss occasioned by the acts of its nominees with respect to securities registered under this section.
3. No corporation or the registrar or transfer agent of such corporation shall be liable for registering or causing to be registered on the books of the corporation any securities in the name of any nominee of a trust company or for transferring or causing to be transferred on the books of the corporation any securities registered by the corporation in the name of any nominee of a trust company, as provided in this section, when the transfer is made on the authorization of the nominee.
Sec. 24. Whenever any trust company desires to discontinue its trust business, it shall furnish to the superintendent satisfactory evidence of its release and discharge from all the obligations and trusts which it has assumed or which have been imposed by law. Thereafter, the superintendent shall enter an order canceling the trust companys license.
Sec. 25. 1. The directors of a trust company shall require good and sufficient fidelity bonds on all active officers and employees, whether or not they receive a salary or other compensation from such company, to indemnify such company against loss because of any dishonest, fraudulent or criminal act or omission committed by any such officer or employee acting alone or in combination with any other person. Such bonds may be in any form and may be paid for by the trust company.
2. Such directors shall obtain suitable insurance protection for such company against burglary, robbery, theft and other hazards to which it may be exposed in the operation of its business.
3. Such directors shall at least annually prescribe the amount or penal sum of such bonds or policies and designate the sureties and underwriters thereof, after giving due and careful consideration to all known elements and factors constituting a risk or hazard. Such action shall be recorded in the minutes of the board of directors and reported to the superintendent.
Sec. 25.5. 1. The superintendent shall charge and collect examination fees for any examination of a trust companys books and records required or authorized under this chapter, as follows:
(a) For the examiner-in-charge, $125 per day, plus per diem expenses and travel allowance.
κ1969 Statutes of Nevada, Page 1189 (CHAPTER 617, AB 410)κ
(b) For each assistant of the examiner-in-charge, $50 per day, plus per diem expenses and travel allowance.
2. All moneys collected under this section and all investigation fees required under section 16 of this act shall be paid into the general fund in the state treasury.
Sec. 26. In addition to other provisions of this title which are applicable to this title as a whole or specifically made applicable to trust companies, the superintendent may by rule or regulation make applicable to trust companies any regulatory provision contained in chapters 657 to 667, inclusive, which can be reasonably applied and which are not inconsistent with the provisions of this chapter.
Sec. 27. The superintendent may adopt and promulgate such rules and regulations as may be necessary to carry out the purposes and provisions of this chapter.
Sec. 28. 1. The violation of any of the provisions of this chapter by the officers or directors of any trust company authorized to do business under the provisions of this chapter is sufficient cause for the superintendent to close the trust company, liquidate its business and revoke its license.
2. If any officer or director of a trust company refuses to allow the superintendent or his deputies to inspect all books, records, papers and effects of its business, the superintendent may revoke its license and proceed to wind up its affairs.
Sec. 29. Every officer, employer, director or agent of a trust company who knowingly or willfully neglects to perform any duty required by this chapter or other applicable law, or who knowingly or willfully fails to conform to any material lawful requirement made by the superintendent, shall be subject to removal upon order of the superintendent, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 30. Where no other punishment is otherwise provided by law, any person violating any provision of this chapter is guilty of a gross misdemeanor.
Sec. 31. NRS 142.020 is hereby amended to read as follows:
142.020 1. Subject to the provisions of subsection 6, every person to whom letters testamentary (unless the will otherwise provides) or letters of administration shall have been directed to issue shall, before receiving the letters, execute a bond to the State of Nevada, with two or more sureties to be approved by the district judge. In form the bond shall be joint and several, and the penalties shall not be less than the value of the personal property, including rents and profits belonging to the estate, which value shall be ascertained by the court by the examination on oath of the party applying, and of any other persons the judge may think proper to examine.
2. The district judge shall require an additional bond whenever the sale of any real estate belonging to an estate is ordered by him to be sold, in an amount necessary to make the total penalty the amount provided in subsection 1, treating the expected proceeds of the sale as personal property.
3. The bond shall be conditioned that the executor or administrator will faithfully execute the duties of the trust according to law, and shall be recorded by the clerk.
κ1969 Statutes of Nevada, Page 1190 (CHAPTER 617, AB 410)κ
will faithfully execute the duties of the trust according to law, and shall be recorded by the clerk.
4. Nothing contained in this Title affects the right of any court or judge to accept as sole surety upon any bond or undertaking a surety company duly qualified to act as sole surety upon bonds or undertakings within this state.
5. Personal assets of an estate may be deposited with a domestic banking or trust corporation upon such terms as may be prescribed by order of the court having jurisdiction of the estate. The deposit shall be subject to the further order of the court. The bond of the executor or administrator may be reduced accordingly.
6. If a banking corporation [,] or trust company, as defined in NRS 657.010, doing business in this state is appointed executor or administrator of the estate of a deceased, no bond shall be required of such executor or administrator, unless otherwise specifically required by the court.
Sec. 32. (Deleted by amendment.)
Sec. 33. NRS 160.090 is hereby amended to read as follows:
160.090 1. Before making an appointment under the provisions of this chapter the court shall be satisfied that the person whose appointment as guardian is sought is a fit and proper person to be appointed.
2. Upon the appointment being made the guardian shall, except as otherwise provided in this section, execute and file a bond to be approved by the court in an amount not less than the value of the personal property of the estate plus the anticipated annual income. Thereafter the amount of such bond shall be equal to the total value of the personal estate plus the annual income. The bond shall be in the form and be conditioned as required of guardians appointed under the provisions of chapter 159 of NRS. The premiums on all such bonds shall be paid from the estate.
3. If a banking corporation [,] or trust company, as defined by NRS 657.010, doing business in this state is appointed guardian of the estate of a ward no bond shall be required of such guardian unless the court by specific order requires the same.
4. If the court orders that the estate and income, or a part thereof, be deposited in a banking corporation [,] or trust company, as defined by NRS 657.010, doing business in this state and that such estate and income, or any part thereof, shall not thereafter be withdrawn without authorization of the court, then the amount of the guardians bond shall be reduced in an amount equal to the amount of the estate and income on deposit with such banking corporation, and the surety on such bonds shall be exonerated from any loss to the estate in connection with such deposit.
5. Where a bond is tendered by a guardian with personal sureties, such sureties shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall contain a statement that they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution.
Sec. 34. NRS 657.010 is hereby amended to read as follows:
657.010 [Except as otherwise specifically provided in this Title, the words corporation, association, banking corporation, bank, trust company, or banker, as used in this Title, shall refer to and include banks, savings banks and trust companies, individuals, firms, associations and corporations of any character conducting the business of receiving money on deposit or otherwise carrying on a banking or trust company business.]
κ1969 Statutes of Nevada, Page 1191 (CHAPTER 617, AB 410)κ
banks, savings banks and trust companies, individuals, firms, associations and corporations of any character conducting the business of receiving money on deposit or otherwise carrying on a banking or trust company business.] As used in this Title, except as otherwise specifically provided or the context otherwise requires:
1. The terms association, bank, banking corporation, corporation or savings bank refers to those that are conducting the business of receiving money on deposit or otherwise carrying on a banking or banking and trust business.
2. Trust company means a trust company as defined in section 8 of this act and regulated by sections 2 to 30, inclusive, of this act.
Sec. 35. 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 $250,000, or in a greater amount as may be required by the superintendent of banks, and paid-up surplus of $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. 36. NRS 662.030 is hereby amended to read as follows:
662.030 1. Notwithstanding the provisions of any section of this Title, any bank [or trust company] incorporated under the laws of this state which is now, or which may hereafter become, a member of a Federal Reserve bank is, by this section, vested with all the powers conferred upon a member bank of a Federal Reserve bank by the terms of the Federal Reserve Act, or by the regulations of the Board of Governors of the Federal Reserve System made pursuant to the Federal Reserve Act.
2. A compliance on the part of any such bank [or trust company] with the reserve requirements of the Federal Reserve Act shall be held to be a full compliance with those provisions of the laws of this state which require banks [or trust companies] to maintain cash balances in their vaults or with other banks, and no such bank [or trust company] shall be required to carry or maintain a reserve other than such as is required under the terms of the Federal Reserve Act.
Sec. 37. NRS 662.080 is hereby amended to read as follows:
662.080 No bank, [trust company,] banker, officer of any bank [or trust company,] or association or corporation doing a banking business [,] shall advertise in any manner or publish any statement of the capital stock authorized or subscribed, unless the amount of capital stock actually paid up shall be advertised or published therewith.
Sec. 38. NRS 662.090 is hereby amended to read as follows:
662.090 1. As used in this section:
(a) Board of Governors of the Federal Reserve System means the Board of Governors of the Federal Reserve System created and described in the Federal Reserve Act.
(b) Federal Reserve Act means the Act of Congress, approved December 23, 1913, being c. 6, 38 Stat. 251, as heretofore and hereafter amended.
κ1969 Statutes of Nevada, Page 1192 (CHAPTER 617, AB 410)κ
(c) Federal Reserve bank means the Federal Reserve banks created and organized under authority of the Federal Reserve Act.
(d) Member bank means any national bank, state bank or banking and trust company which has become or which becomes a member of one of the Federal Reserve banks created by the Federal Reserve Act.
2. Any bank [or trust company] incorporated under the laws of this state shall have the power to subscribe to the capital stock and become a member of a Federal Reserve bank.
3. Any bank [or trust company] incorporated under the laws of this state which is, or which becomes, a member of a Federal Reserve bank is, by this section, vested with all powers conferred upon member banks of the Federal Reserve banks by the terms of the Federal Reserve Act as fully and completely as if such powers were specifically enumerated and described herein, and all such powers shall be exercised subject to all restrictions and limitations imposed by the Federal Reserve Act, or by regulations of the Board of Governors of the Federal Reserve System made pursuant thereto. The right, however, is expressly reserved to revoke or to amend the powers herein conferred.
4. A compliance on the part of any such bank [or trust company] with the reserve requirements of the Federal Reserve Act shall be held to be a full compliance with those provisions of the laws of this state which require banks [or trust companies] to maintain cash balances in their vaults or with other banks, and no such bank [or trust company] shall be required to carry or maintain reserve other than such as is required under the terms of the Federal Reserve Act.
5. Any such bank [or trust company] shall continue to be subject to the supervision and examinations required by the laws of this state, except that the Board of Governors of the Federal Reserve System shall have the right, if it deems necessary, to make examinations. The authorities of this state having supervision over such bank [or trust company] may disclose to the Board of Governors of the Federal Reserve System, or to examiners duly appointed by it, all information in reference to the affairs of any bank [or trust company] which has become, or desires to become, a member of a Federal Reserve bank.
Sec. 39. NRS 662.100 is hereby amended to read as follows:
662.100 1. Banking institution, as used in this section, shall be construed to mean any bank, [trust company, bank] banking and trust company, stock savings bank or mutual savings bank which is now or may hereafter be organized under the laws of this state.
2. Any banking institution now or hereafter organized under the laws of this state is empowered, on the authority of its board of directors, or a majority thereof:
(a) To enter into such contracts, incur such obligations and generally to do and perform any and all such acts and things whatsoever as may be necessary or appropriate in order to take advantage of any and all memberships, loans, subscriptions, contracts, grants, rights or privileges which may at any time be available or inure to banking institutions or to their depositors, creditors, stockholders, conservators, receivers or liquidators by virtue of those provisions of section 8 of the Banking Act of 1933 (section 12B of the Federal Reserve Act, as amended) which establish the Federal Deposit Insurance Corporation and provide for the insurance of deposits, or of any other provisions of that or of any other Act or Resolution of Congress to aid, regulate or safeguard banking institutions and their depositors, including any amendments of the same or any substitutions therefor.
κ1969 Statutes of Nevada, Page 1193 (CHAPTER 617, AB 410)κ
deposits, or of any other provisions of that or of any other Act or Resolution of Congress to aid, regulate or safeguard banking institutions and their depositors, including any amendments of the same or any substitutions therefor.
(b) To subscribe for and acquire any stock, debentures, bonds or other types of securities of the Federal Deposit Insurance Corporation and to comply with the lawful regulations and requirements from time to time issued or made by such corporation.
Sec. 40. NRS 662.140 is hereby amended to read as follows:
662.140 1. No bank shall employ its moneys, directly or indirectly, in trade or commerce by buying or selling goods, chattels, wares or merchandise, and shall not invest any of its funds in the stock of any bank [or trust company] or corporation, nor make any loans or discounts upon the security of the shares of its own capital stock, nor be the purchaser or holder of any such shares, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith. Stock so purchased or acquired shall, within 12 months from the time of its purchase, be sold or disposed of at public or private sale. After the expiration of 12 months, any such stock shall not be considered as part of the assets of any bank. [or trust company.]
2. Nothing in this section nor in this Title shall be deemed to prohibit banks from subscribing to, purchasing, or becoming the owners of stock in:
(a) Federal Reserve banks as established by Act of Congress, approved December 23, 1913, being c. 6, 38 Stat. 251, or any amendment thereof; or
(b) Any governmental agency or liquidating or financial corporation created by the Congress of the United States.
3. Any bank may sell or become the owner of any property which may come into its possession as collateral security for any debt or obligation due it, according to the terms of any contract depositing such collateral security, and if there be no such contract, then such collateral security may be sold in the manner provided by law. Any such property must be sold within 2 years from the date of its acquisition.
Sec. 41. NRS 662.150 is hereby amended to read as follows:
662.150 1. Any bank [or trust company] incorporated under the laws of the State of Nevada shall have the power to purchase and hold stock in:
(a) Any joint-stock land bank established under the provisions of the Federal Farm Loan Act, being c. 245, 39 Stat. 360, approved July 17, 1916.
(b) Any national agricultural credit corporation established under the provisions of the Short-Term Agricultural Credits Act of 1923, being c. 252, 42 Stat. 1461, approved March 4, 1923.
2. No bank [or trust company] shall invest either in stock of a joint-stock land bank or in stock of a national agricultural credit corporation more than 10 percent of its paid-in capital stock and surplus, and no bank [or trust company] organized under the laws of the State of Nevada shall invest in either of the classes of stock mentioned in subsection 1 without the written consent of the superintendent of banks.
Sec. 42. NRS 662.170 is hereby amended to read as follows:
κ1969 Statutes of Nevada, Page 1194 (CHAPTER 617, AB 410)κ
662.170 1. Subject to such regulations as may be prescribed by the Federal Housing Administrator, banks [and trust companies] are authorized:
(a) To make such loans and advances of credit, and purchases of obligations representing the loans and advances of credit, as are eligible for insurance by the Federal Housing Administrator, and to obtain such insurance.
(b) To make such loans secured by mortgage on real property as are eligible for insurance by the Federal Housing Administrator, and to obtain such insurance.
(c) To purchase, invest in, and dispose of notes or bonds secured by mortgage insured by the Federal Housing Administrator, securities of national mortgage associations, and debentures issued by the Federal Housing Administrator.
2. No law of this state, nor any articles of incorporation or bylaws of any such banks, [and trust companies,] prescribing the nature, amount or form of security or requiring security upon which loans or advances of credit may be made, or prescribing or limiting interest rates upon loans or advances of credit, or prescribing or limiting the period for which loans or advances of credit may be made, shall apply to loans, advances of credit or purchases made pursuant to subsection 1.
3. All loans, advances of credit, and purchases of obligations described in subsection 1, heretofore made and insured pursuant to the terms of the National Housing Act, are hereby validated and confirmed.
4. Wherever collateral must or may be furnished by any depositary of the State of Nevada as security for the deposit of any funds whatsoever, or wherever collateral must or may be deposited with any official of the State of Nevada, pursuant to any statute of this state, notes and bonds insured and debentures issued by the Federal Housing Administrator and obligations of national mortgage associations shall be considered eligible collateral for such purposes.
Sec. 43. NRS 662.180 is hereby amended to read as follows:
662.180 1. Any bank [, trust company] or savings bank operating under the laws of this state may invest its funds or moneys in its custody in the bonds of the Home Owners Loan Corporation or in the bonds of any Federal home-loan bank or in consolidated Federal home-loan bank bonds, debentures or notes or in farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by Federal land banks and Federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, §§ 1021 to 1129, inclusive, as now or hereafter amended, and the bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended.
2. Wherever, by the terms of any general or special law, depositaries of public or other funds are required by law to give security therefor, the bonds of any Federal home-loan bank or the bonds of the Home Owners Loan Corporation or consolidated Federal home-loan bank bonds, debentures or notes or farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by Federal land banks and Federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C.
κ1969 Statutes of Nevada, Page 1195 (CHAPTER 617, AB 410)κ
the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended, may be used as security for any depositary bonds or obligations wherein any kind of bonds or other security are required or may by law be deposited as security.
Sec. 44. NRS 662.185 is hereby amended to read as follows:
662.185 Notwithstanding any other provision of law, any bank [or trust company] organized under the laws of this state, which has as one of its principal purposes the making or purchasing of loans secured by real property mortgages, is authorized to sell such mortgage loans to the Federal National Mortgage Association, a corporation chartered by an Act of Congress, or any successor thereof, and in connection therewith to make payments of any capital contributions, required pursuant to law, in the nature of subscriptions for stock of the Federal National Mortgage Association or any successor thereof, to receive stock evidencing such capital contributions, and to hold or dispose of such stock.
Sec. 45. NRS 662.190 is hereby amended to read as follows:
662.190 1. Any [corporation] bank organized under this Title may state in its articles of incorporation that it will carry on a trust company business [, either exclusively or] in connection with the banking business, and [such corporation shall thereupon have power,] in addition to the powers conferred upon banks [:] shall have the power:
(a) To act as trustee under any mortgage or bond of any person, firm or corporation, or of any municipality or body politic.
(b) To accept and execute any municipal or corporate or individual trust not inconsistent with the laws of this state.
(c) To act under the order or appointment of any court as guardian, administrator, receiver or trustee.
(d) To act as executor or trustee under any will.
(e) To act as fiscal or transfer agent of any state, municipality, body politic or corporation, and in such capacity to receive and disburse money and register, transfer and countersign certificates of stock, bonds and other evidences of indebtedness.
(f) To act as local or resident agent of foreign corporations.
2. No bank shall act as agent for any insurance company.
Sec. 46. NRS 662.270 is hereby amended to read as follows:
662.270 1. Any bank [or trust company,] now or hereafter organized under the laws of this state [,] may, by appropriate declarations in its articles of incorporation as filed or amended, conduct a mortgage loan business subject to regulation and control by the superintendent of banks.
2. Any bank [or trust company] desiring to conduct such a business shall so organize its business and its records that the departments thereof shall be completely segregated as to assets, liabilities, income and expense, except that capital and surplus shall not be segregated. In the event of liquidation, such departments shall be liquidated separately for the benefit of the creditors of the respective departments.
3. Each department, except the mortgage loan department, shall conduct its business in accordance with this Title and other laws of this state applying to banks.
κ1969 Statutes of Nevada, Page 1196 (CHAPTER 617, AB 410)κ
conduct its business in accordance with this Title and other laws of this state applying to banks. [and trust companies.]
4. The mortgage loan department shall conduct its business as nearly as may be, as determined by the superintendent of banks, in accordance with the laws of the State of Nevada as such laws apply to building and loan associations and companies.
Sec. 47. NRS 662.280 is hereby amended to read as follows:
662.280 1. Wherever, in any town, whether incorporated or unincorporated, or in any city of this state, there are two or more banks [, bankers or trust companies,] they may unite into an association or clearinghouse and adopt rules and regulations for the government of the banks belonging to such association and clearinghouse.
2. All the banks of the state, or of any district of the state, may unite in a state or clearinghouse association, or a district association or district clearinghouse association, and any of such associations or clearinghouse associations may make rules and regulations governing the members thereof, which rules and regulations, when approved by the banking division, shall be binding upon all the members of such associations or clearinghouse associations and have the full force and effect of rules adopted by the superintendent of banks.
Sec. 48. NRS 663.010 is hereby amended to read as follows:
663.010 1. When a deposit has been made, or shall hereafter be made by any person, in any bank [, trust company] or other depositary transacting business in this state, in the name of such depositor and another person, and in form to be paid to either or the survivor of them, such deposit and any additions thereto, made by either of such persons, after the making thereof, shall become the property of such persons as joint tenants, and the same together with all dividends thereon shall be held for the exclusive use of such persons and may be paid to either during the lifetime of both or to the survivor after the death of one of them, and such payment and receipt or acquittance of the one to whom such payment is made shall be a valid and sufficient release and discharge to such bank [, trust company] or other depositary for all payments made on account of such deposit, prior to the receipt by such bank [, trust company] or other depositary of notice in writing not to pay such deposit in accordance with the terms thereof.
2. The making of the deposit in such form shall, in the absence of fraud or undue influence, be conclusive evidence, in any action or proceeding to which either such bank [, trust company] or other depositary, or the surviving depositor, is a party, of the intention of both depositors to vest such deposit and the additions thereto in such survivor.
Sec. 49. NRS 663.020 is hereby amended to read as follows:
663.020 Whenever any deposit shall be made in any bank [, savings bank or trust company] or savings bank doing business within this state by any person in trust for another, and no other or further notice of the existence and terms of a legal and valid trust shall have been given in writing to the bank, in the event of the death of the trustee, the same, or any part thereof, together with the dividends or interest thereon, may be paid to the person for whom the deposit was made.
Sec. 50. NRS 664.030 is hereby amended to read as follows:
κ1969 Statutes of Nevada, Page 1197 (CHAPTER 617, AB 410)κ
664.030 1. The banking division is authorized, upon a proper application in writing showing good cause therefor, to authorize any bank in this state or organized under this Title to restrict, for a limited period, the percentage of withdrawals from all of the accounts of such bank.
2. Whenever, in the interest of public business, any bank doing business in this state shall deem it necessary to curtail or restrict the withdrawals of its patrons for a limited period, such bank, through its proper officers, may make application in writing, setting forth the reasons therefor, to the banking division requesting an order or authorization from the banking division to restrict, for a limited period, withdrawals by the depositors of the bank to a specific percentage of their respective deposits.
3. Upon receipt of such application by the banking division, and good cause appearing therefor, the division may issue to the applicant an authorization specifying therein the percentage of all deposits which the bank may pay to its depositors, and the period to which such restriction or limitation may extend. For good cause shown, the banking division may shorten, cancel, extend or renew such authorization whenever the division may deem such action proper in the interest of public business.
4. Any bank obtaining any order or authorization authorized by this section shall post and maintain, during the period of restriction, in a conspicuous place in or upon its banking premises, a certified copy of each order or authorization.
5. The banking division is further empowered to authorize all such banks [, trust companies] and savings banks thereafter to receive new deposits which shall be segregated from the old deposits, and the new deposits shall not be subject to any restriction as to the withdrawal thereof, except as provided in the terms of any time certificate of deposit or savings passbook, and the new deposits shall be invested in such liquid assets as may be approved by the banking division in order that such banks [, trust companies] and savings banks may at all times have sufficient funds available to meet the demands on such new deposits in accordance herewith.
Sec. 51. NRS 667.400 is hereby amended to read as follows:
667.400 As used in NRS 667.400 to 667.460, inclusive, banking institution shall be construed to mean any bank, [trust company, bank] banking and trust company, stock savings bank or mutual savings bank which is or may hereafter be organized under the laws of this state.
Sec. 52. NRS 668.020 is hereby amended to read as follows:
668.020 1. It shall be unlawful for any director, proprietor, partner, officer or employee of any bank [or trust company] to become an endorser or surety for loans to any other person, or in any manner become obligor for money borrowed from or loaned by such bank.
2. The office or position of any director, officer or employee, who acts in contravention to the provisions of this section, shall be immediately declared vacant by the superintendent of banks, and no such director, officer or employee shall be elected or appointed to such vacancy while such indebtedness exists.
Sec. 53. NRS 668.030 is hereby amended to read as follows:
668.030 It shall be unlawful for any director, officer or employee of any bank, directly or indirectly, for himself or as the agent of others, to borrow money in excess of $250 from such bank, [or trust company,] unless he gives good and sufficient security for the repayment of such loan, which loan and security must be approved by a majority vote of the directors, in regular or in special meeting assembled, the applicant not voting.
κ1969 Statutes of Nevada, Page 1198 (CHAPTER 617, AB 410)κ
borrow money in excess of $250 from such bank, [or trust company,] unless he gives good and sufficient security for the repayment of such loan, which loan and security must be approved by a majority vote of the directors, in regular or in special meeting assembled, the applicant not voting. All the proceedings relating thereto shall be recorded at length in the records of the bank, and shall immediately be reported in writing to the superintendent of banks.
Sec. 54. NRS 668.050 is hereby amended to read as follows:
668.050 Every banker, officer, employee, director or agent of any bank [or trust company] who shall knowingly or willfully neglect to perform any duty required by this Title, or who shall knowingly or willfully fail to conform to any material lawful requirement made by the superintendent of banks, shall be guilty of a felony, and shall be punished by a fine of not more than $1,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.
Sec. 55. NRS 668.090 is hereby amended to read as follows:
668.090 The violation of any of the provisions of this Title by the officers or directors of any bank organized or existing under the laws of this state shall be sufficient cause to subject the bank [or trust company] to be closed and liquidated and for the annulment of its charter.
Sec. 56. This act shall become effective at 12:01 a.m. on July 1, 1969.
________
Senate Bill No. 167Committee on Judiciary
CHAPTER 618
AN ACT relating to fiduciaries; providing that qualified banking corporations may be appointed as executors, administrators and guardians; and providing other matters properly relating thereto.
[Approved April 25, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 138.020 is hereby amended to read as follows:
138.020 1. No person shall be deemed competent to serve as an executor or executrix who, at the time the will is probated, is:
(a) Under the age of majority; or
(b) Who shall have been convicted of a felony; or
(c) Who, upon proof, shall be adjudged by the court incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of integrity or understanding [.] ; or
(d) A banking corporation whose principal place of business is not in the State of Nevada, unless it associates as coexecutor a banking corporation whose principal place of business is in this state.
2. If any such person be named as the sole executor or executrix in any will, or if all persons so named are incompetent, or shall renounce the trust, or fail to appear and qualify, letters of administration with the will annexed shall issue.
κ1969 Statutes of Nevada, Page 1199 (CHAPTER 618, SB 167)κ
Sec. 2. NRS 139.010 is hereby amended to read as follows:
139.010 No person shall be entitled to letters of administration:
1. Who shall be under the age of majority; or
2. Who shall have been convicted of a felony; or
3. Who, upon proof, shall be adjudged by the court incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of integrity or understanding; or
4. Who is not a resident of the State of Nevada [.] or which, in the case of a banking corporation, does not have its principal place of business in this state or does not associate as coadministrator a banking corporation whose principal place of business is in this state.
Sec. 3. NRS 139.040 is hereby amended to read as follows:
139.040 1. Administration of the estate of a person dying intestate shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order:
(a) The surviving husband or wife.
(b) The children.
(c) The father or the mother.
(d) The brother.
(e) The sister.
(f) The grandchildren.
(g) Any other of the kindred entitled to share in the distribution of the estate.
(h) Creditors who have become such during the lifetime of the deceased.
(i) The public administrator.
(j) Any of the kindred not above enumerated, within the fourth degree of consanguinity.
(k) Any person or persons legally competent.
2. A person in each of the foregoing classes is entitled:
(a) To appointment, if such person is a resident of the State of Nevada [.] or is a banking corporation whose principal place of business is in this state or which associates as coadministrator a banking corporation whose principal place of business is in this state.
(b) To nominate a resident of the State of Nevada or a qualified banking corporation for appointment, whether or not the nominator is a resident of the State of Nevada [.] or a qualified banking corporation. The nominee shall have the same priority as his nominator. Such priority is independent of the residence or corporate qualification of the nominator.
Sec. 4. NRS 159.040 is hereby amended to read as follows:
159.040 Guardians of the person and estate, or either, of minors who:
1. Are inhabitants of or who reside in the county where application may be made; or
2. Being now residents of the state, have any estate in such county; or
3. Are banking corporations whose principal place of business is in the state or which associate as cofiduciaries banks whose principal places of business are in this state,
may be appointed, when necessary or convenient, as provided in this chapter.
Sec. 5. NRS 159.120 is hereby amended to read as follows:
κ1969 Statutes of Nevada, Page 1200 (CHAPTER 618, SB 167)κ
159.120 1. Except as provided in subsections 2 to 4, inclusive, letters of guardianship of an incompetent person or his estate shall be granted to one or more of the persons hereinafter mentioned and they shall be, respectively, entitled in the following order:
(a) The husband or wife of the incompetent person, or such person as the husband or wife may request to have appointed.
(b) The children.
(c) The father or the mother.
(d) The brother.
(e) The sister.
(f) The grandchildren.
(g) Any other of the kindred of the incompetent person.
(h) Any competent friend.
(i) The public administrator.
2. The court may grant letters of guardianship of the estate of an incompetent veteran, who is entitled to benefits from the Veterans Administration, to the Nevada commissioner for veteran affairs.
3. The court may grant letters of guardianship of the estate of an incompetent person or inmate of the Nevada state hospital to any bank or trust company organized under the laws of this state or any national bank which has its principal place of business in this state.
4. No employee of the Nevada state hospital may serve as the guardian of an inmate of such hospital unless the inmate is the husband, wife, child, father, mother, sister, brother, half sister or half brother of the employee.
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 94Mr. Lowman
CHAPTER 619
AN ACT relating to the investment of public moneys; imposing qualifications for appointive members of the state board of finance and increasing their compensation; authorizing the state board of finance to employ a financial secretary and other employees; imposing additional duties on the state board of finance; making an appropriation; and providing other matters properly relating thereto.
[Approved April 25, 1969]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 355.010 is hereby amended to read as follows:
355.010 1. The state board of finance is hereby created.
2. The state board of finance shall consist of the governor, the state controller, the state treasurer and two other members to be appointed by the governor for terms of 4 years each.
3. At least one of the members appointed by the governor shall be actively engaged in commercial banking in this state.
Sec. 2. NRS 355.020 is hereby amended to read as follows:
355.020 The two members appointed by the governor shall each