[Rev. 2/28/2019 11:31:17 AM]
LAWS OF THE STATE OF NEVADA
κ1971 Statutes of Nevada, Page 1κ
LAWS OF THE STATE
OF NEVADA
Passed at the
FIFTY-SIXTH SESSION OF THE LEGISLATURE
1971
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Senate Bill No. 1Senator Lamb
CHAPTER 1
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.
[Approved January 20, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $250,000.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 60Senator Foley
CHAPTER 2
AN ACT increasing the number of employees permitted to be hired in the senate of the Nevada legislature.
[Approved February 1, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.130 is hereby amended to read as follows:
218.130 The officers and employees of the senate shall not exceed [19] 22 in number.
Sec. 2. This act shall become effective upon passage and approval.
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κ1971 Statutes of Nevada, Page 2κ
Senate Bill No. 54Clark County Delegation
CHAPTER 3
AN ACT authorizing the Las Vegas Convention Authority on the behalf and in the name of Clark County to construct, otherwise acquire, improve, extend and better recreational facilities incidental thereto, and sites and grounds, equipment and furnishings therefor; authorizing the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $7,500,000; providing for the payment of the bonds and the interest thereon by the levy and collection of general (ad valorem) taxes and optionally with revenues derived from the countys exposition and convention hall buildings and appurtenant recreational facilities and from license taxes fixed and imposed for revenues upon certain operators of hotels and motels and upon gaming; concerning other securities relating to such project and such bonds; otherwise stating powers, duties, immunities, rights, privileges, liabilities, disabilities, other limitations and other details in connection therewith; and providing other matters properly relating thereto.
[Approved February 2, 1971]
Whereas, The Las Vegas Convention Authority, in the county of Clark, State of Nevada (sometimes designated in this act as the Authority, the County and the State, respectively), ordered the submission of, and there was submitted, at the primary election held in the County on Tuesday, the 1st day of September 1970, to the duly qualified electors of the County, a proposal authorizing it to incur an indebtedness by the issuance of the Countys negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of $7,500,000, or so much thereof as may be necessary, for the purpose of constructing, otherwise acquiring, improving, extending and bettering recreational facilities for the County for convention hall expansion and football stadium facilities, improvements incidental thereto, and sites and grounds, equipment and furnishings therefor (sometimes designated in this act as the bonds), the bonds to bear interest at a rate or rates of not exceeding 7 percent per year, to mature serially commencing not later than 3 years from the date or respective dates of the bonds and ending not later than 10 years therefrom, payable from general (ad valorem) taxes (sometimes designated in this act as taxes), except to the extent other moneys are available therefor, and to be issued and sold at, above or below par at an effective interest rate (including any sale discount) of not more than 7 percent per year to maturity, and otherwise in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the authorizing governing body may determine, including at its option but not necessarily limited to provisions for the redemption of bonds prior to maturity without or with the payment of a premium, for securing additionally the payment of the bonds by pledging all or any part of the revenues derived from the operation of the Countys recreational facilities, including but not necessarily limited to the exposition and convention hall buildings, from license taxes fixed and imposed for revenues upon certain operators of hotels and motels and upon gaming, and from any other sources legally made available therefor; and
Whereas, The proposal was approved by a majority voting thereon of those qualified electors of the County who were owners of, or spouses of owners of, real property in the County assessed on the assessment roll of the County and also by a majority voting thereon of all other qualified electors of the County; and
κ1971 Statutes of Nevada, Page 3 (CHAPTER 3, SB 54)κ
roll of the County and also by a majority voting thereon of all other qualified electors of the County; and
Whereas, There have been issued heretofore and there are now outstanding certain County bonds of an issue designated as the Clark County, Nevada, General Obligation Public Building and Recreation Bonds, Series July 15, 1963, authorized in the original aggregate principal amount of $4,790,000, payable from taxes (except to the extent other funds are available therefor), which payment is additionally secured by an irrevocable pledge of revenues derived by the County from the operation of the Countys exposition and convention hall facilities and incidental recreational facilities therefor (sometimes designated in this act as the Convention Hall Facilities) and of revenues derived by the County from the collection of certain license taxes fixed and imposed for revenues by the County and the cities of Boulder City, Henderson, Las Vegas and North Las Vegas upon certain operators of hotels and motels and upon gaming, excluding the costs of collecting such license taxes not exceeding for any collection period an amount equal to 10 percent of the gross revenues collected therefrom (sometimes collectively designated in this act as the Pledged Revenues), after the deduction of operation and maintenance expenses of the Convention Hall Facilities; and
Whereas, It is hereby declared, as a matter of legislative determination:
(a) Recent decisions of the United States Supreme Court in construing the federal constitution have raised by implication a question as to the validity of a bond election held under any of the States two-colors-of-bond-ballot laws; and
(b) The legislature by this act desires to remove such impediment to the issuance of such proposed bonds and to defraying the cost of the Project; now, therefore:
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The County, acting by and through the Authority, in addition to the powers elsewhere conferred upon the County, is by this act authorized and empowered, without the necessity of another election or other or further preliminaries, to issue the Countys negotiable, coupon, general obligation bonds, in an aggregate principal amount of not exceeding $7,500,000, or such lesser amount as may be determined by the Authority, for the purpose of defraying wholly or in part the cost of constructing, otherwise acquiring, improving, extending and bettering recreational facilities for the County for convention hall expansion and football stadium facilities, improvements incidental thereto, sites and grounds, equipment and furnishings therefor, or any combination thereof (sometimes designated in this act as the Project), the bonds bearing interest at a rate or rates of not exceeding 7 percent per year, maturing serially commencing not later than 3 years from the date or respective dates of the bonds and ending not later than 12 years therefrom, payable from taxes (except to the extent other moneys are available for such payment), and being issued and sold at public or private sale at, above or below par at an effective interest rate (including any sale discount) of not exceeding 7 percent per year.
κ1971 Statutes of Nevada, Page 4 (CHAPTER 3, SB 54)κ
below par at an effective interest rate (including any sale discount) of not exceeding 7 percent per year.
Sec. 2. The Authority may additionally secure the payment of the bonds by a pledge of the Pledged Revenues without any other or further preliminaries.
Sec. 3. The County shall not deliver any bonds authorized in this act after the expiration of 6 years from its effective date.
Sec. 4. The bonds and any coupons shall be executed in the manner provided in the Local Government Securities Law, as from time to time amended; but the bonds shall also bear the manual or facsimile signature of the chairman of the Authority.
Sec. 5. Except as otherwise provided in this act, the Authority or the board of county commissioners of Clark County, or both such governing bodies, as either or both may determine from time to time, on the behalf and in the name of the County, may borrow money, otherwise become obligated and evidence such obligations by the issuance of bonds and other securities of the County, constituting its general obligations, the payment of which may be additionally secured by a pledge of such Pledged Revenues, and in connection with the Project or any recreational facilities pertaining thereto, either or both such governing bodies may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.
Sec. 6. The powers conferred by this act shall be in addition and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and securities may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the Local Government Securities Law (except to the extent of any conflict with this act). Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 7. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 8. 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. 9. This act shall become effective upon passage and approval.
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κ1971 Statutes of Nevada, Page 5κ
Assembly Bill No. 84Committee on Ways and Means
CHAPTER 4
AN ACT increasing certain allowances of legislators; and providing other matters properly relating thereto.
[Approved February 12, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.220 is hereby amended to read as follows:
218.220 1. Notwithstanding the provisions of NRS 281.160 or any other law, the per diem expense allowance and the travel and telephone expenses of senators and assemblymen duly elected or appointed and in attendance at any session of the legislature shall be allowed in the manner set forth in this section.
2. For initial travel from his home to Carson City, Nevada, to attend a regular or special session of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a regular or special session of the legislature, each senator and assemblyman shall receive [the travel expenses and per diem expense allowance provided for in NRS 281.160.] :
(a) A per diem expense allowance of $30 per day.
(b) Travel expenses computed at the rate of 12 cents per mile traveled.
3. In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman shall be entitled to receive not to exceed the total sum of [$700] $1,200 as a supplemental travel allowance for traveling to and from his home or temporary residence during each regular session of the legislature and not to exceed the total sum of [$250] $500 as a supplemental travel allowance for traveling to and from his home or temporary residence during each special session of the legislature.
4. Each senator and assemblyman shall be allowed for each day that the legislature is in regular or special session a per diem allowance of [$25] $30 per day.
5. Each senator and assemblyman shall be entitled to receive not to exceed the total sum of $250 as a telephone allowance for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not to exceed the total sum of $100 during each special session of the legislature.
6. Claims for expenses made under the provisions of this section shall be made in the same manner as other claims are made against the state, and shall be allowed and paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 shall be allowed and paid once each week during a legislative session.
Sec. 2. This act shall become effective upon passage and approval and shall operate retroactively from January 16, 1971.
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κ1971 Statutes of Nevada, Page 6κ
Senate Bill No. 64Committee on Transportation
CHAPTER 5
AN ACT revising the vehicle privilege tax depreciation schedule for buses, trucks, truck tractors, trailers and semitrailers.
[Approved February 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 371.060 is hereby amended to read as follows:
371.060 1. Except as provided in subsection 2, each vehicle shall be depreciated by the department for the purposes of the annual privilege tax according to the following schedule:
Percentage of
Age Initial Value
New.......................................................................................................... 100 percent
1 year........................................................................................................ 85 percent
2 years...................................................................................................... 75 percent
3 years...................................................................................................... 65 percent
4 years...................................................................................................... 55 percent
5 years...................................................................................................... 45 percent
6 years...................................................................................................... 35 percent
7 years...................................................................................................... 25 percent
8 years...................................................................................................... 15 percent
9 years or more....................................................................................... 5 percent
2. Each bus, truck, truck tractor, trailer and semitrailer having an unladened weight of more than 6,000 pounds shall be depreciated by the department for the purposes of the annual privilege tax according to the following schedule:
Percentage of
Age Initial Value
New.......................................................................................................... 100 percent
1 year........................................................................................................ 75 percent
2 years...................................................................................................... 59 percent
3 years...................................................................................................... 47 percent
4 years.............................................................................. [37.5 percent] 37 percent
5 years...................................................................................................... 28 percent
6 years...................................................................................................... 23 percent
7 years...................................................................................................... 20 percent
8 years................................................................................. [18 percent] 17 percent
9 years.............................................................................. [15.5 percent] 15 percent
10 years or more..................................................................................... 13 percent
3. Notwithstanding any other provision of this section, the minimum amount of privilege tax:
(a) On any trailer weighing 1,000 pounds or less shall be $3; and
(b) On any other vehicle shall be $6.
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κ1971 Statutes of Nevada, Page 7κ
Assembly Bill No. 44Washoe-Storey Districts Delegation
CHAPTER 6
AN ACT relating to meetings of boards of county commissioners; permitting the exact day or days to be fixed by ordinance; and providing other matters properly relating thereto.
[Approved February 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.085 is hereby amended to read as follows:
244.085 The meetings of the [board] boards of county commissioners shall be held at the county seats of their respective counties [on the 5th day of each calendar month; provided:
1. That when such day falls upon a Sunday or legal holiday, the board shall meet upon the next succeeding judicial day.
2. That the] at least once in each calendar month, on a day or days to be fixed by ordinance, provided that:
1. Such day does not fall on Saturday or on any nonjudicial day, in which event the meeting shall be held on the next judicial day.
2. The first meeting of the board in odd-numbered years shall be held on the 1st Monday in January.
3. Such meeting day or days as fixed by ordinance shall remain unchanged, unless notice of a proposed change is published once a week for 3 consecutive weeks in a newspaper of general circulation in the county.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 157Committee on Finance
CHAPTER 7
AN ACT making an appropriation from the general fund in the state treasury to the legislative fund.
[Approved February 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $400,000.
Sec. 2. This act shall become effective upon passage and approval.
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κ1971 Statutes of Nevada, Page 8κ
Assembly Bill No. 134Clark County Delegation
CHAPTER 8
AN ACT to repeal NRS 4.210, relating to the duty of the justices of the peace to disperse riotous assemblages.
[Approved February 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 4.210 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 161Mr. Jacobsen
CHAPTER 9
AN ACT eliminating the statutory requirement that the governor offer rewards for apprehension of certain criminals.
[Approved February 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 212.050 is hereby amended to read as follows:
212.050 If any person who has been sentenced to confinement in the state prison, by any court having competent authority within this state, shall escape therefrom, or shall be charged with murder, or the perpetration of any crime punishable with death, the governor is authorized, [and required,] upon satisfactory evidence of the guilt of the accused, to offer a reward for his apprehension, which reward shall not exceed the sum of $5,000, and shall be paid out of the reserve for statutory contingency fund upon approval by the state board of examiners.
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Assembly Bill No. 24Messrs. Lowman, Howard, Prince, Getto, Hafen, Wilson, Kean, Frank Young, Mrs. White, Messrs. Ronzone and Bryan
CHAPTER 10
AN ACT to amend NRS 484.381, relating to the percentage of alcohol necessary in the blood to raise a presumption of intoxication while driving a vehicle, by lowering the percentage necessary; and providing other matters properly relating thereto.
[Approved February 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.381 is hereby amended to read as follows:
484.381 1. In any criminal prosecution for a violation of NRS 484.379 relating to driving a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendants blood at the time alleged as shown by chemical analysis of the defendants blood, urine, breath or other bodily substance shall give rise to the following presumptions:
κ1971 Statutes of Nevada, Page 9 (CHAPTER 10, AB 24)κ
as shown by chemical analysis of the defendants blood, urine, breath or other bodily substance shall give rise to the following presumptions:
(a) If there was at that time 0.05 percent or less by weight of alcohol in the defendants blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor.
(b) If there was at that time in excess of 0.05 percent but less than [0.15] 0.10 percent by weight of alcohol in the defendants blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
(c) If there was at that time [0.15] 0.10 percent or more by weight of alcohol in the defendants blood, it shall be presumed that the defendant was under the influence of intoxicating liquor.
2. The provisions of subsection 1 shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor.
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Assembly Bill No. 102Messrs. Bryan, Fry, Hilbrecht and Olsen
CHAPTER 11
AN ACT increasing the time for filing with the court an inventory and appraisement by an executor or administrator of the estate of a deceased person.
[Approved February 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 144.010 is hereby amended to read as follows:
144.010 Every executor or administrator shall make and return to the court, within [20] 60 days after his appointment, unless the court shall extend the time, a true inventory and appraisement of all the estate of the deceased which shall have come to his possession or knowledge.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 135Clark County Delegation
CHAPTER 12
AN ACT eliminating the requirement that judges and justices of the peace exert their official authority to prevent fights with deadly weapons between two persons.
[Approved February 22, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 1.290 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
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κ1971 Statutes of Nevada, Page 10κ
Senate Bill No. 68Committee on Federal, State and Local Governments
CHAPTER 13
AN ACT amending the Local Government Employee-Management Relations Act to establish a procedure to stay submission of factfinding in disputes between parties to negotiation in years when the legislature meets; providing complementary procedures with respect to the reemployment of public school teachers represented by recognized employee organizations; and providing other matters properly relating thereto.
[Approved February 25, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 288.200 is hereby amended to read as follows:
288.200 1. If at the expiration of 75 days from the date of service of the notice required by NRS 288.180, the parties have not reached agreement, the mediator is discharged of his responsibility, and the parties shall submit their dispute to a factfinding panel. Within 5 days, the local government employer shall select one member of the panel, and the employee organization or organizations shall select one member. The members so selected shall select the third member, or if within 5 days they fail to do so, the board shall select him within 5 days thereafter. The third member shall act as chairman.
2. The local government employer shall pay one-half of the costs of factfinding, and the employee organization or organizations shall pay one-half.
3. The factfinding panel shall report its findings and recommendations to the parties to the dispute within 25 days after its selection is complete. These findings are not binding upon the parties, but if within 5 days after the panel has so reported the parties have not reached an agreement, the panel shall make its findings public.
4. After the effective date of this act and before January 1, 1972, either party to negotiations may notify the other party in writing that it wishes to have the dispute submitted to factfinding upon the adjournment of the legislature sine die. Upon receipt of such notice, the operation of this section pertaining to factfinding shall be stayed up to 10 days after the adjournment of the legislature sine die or the certification by the state department of education of the per-pupil basic support guarantee, whichever occurs first.
5. After January 1, 1972, in any year in which the legislature meets, either party to negotiations may notify the other party in writing that it wishes to have the dispute submitted to factfinding upon the adjournment of the legislature sine die. Upon receipt of such notice, the operation of this section pertaining to factfinding shall be stayed for salary matters only up to 10 days after the adjournment of the legislature sine die or the certification by the state department of education of the per-pupil basic support guarantee, whichever occurs first.
Sec. 2. NRS 391.3196 is hereby amended to read as follows:
391.3196 1. On or before April 1 of each year, the boards of trustees of the several school districts shall notify, in writing, the teachers in their employ concerning their reemployment for the ensuing year. If the board, or the person designated by it, fails to notify a teacher who has been employed by a school district for a majority of the current year of his status for the ensuing year, the teacher shall be deemed to be reemployed for the ensuing year on the same terms as existed during the current year, and the board shall issue a contract to such teacher as though the board had reemployed such teacher in the usual manner.
κ1971 Statutes of Nevada, Page 11 (CHAPTER 13, SB 68)κ
board, or the person designated by it, fails to notify a teacher who has been employed by a school district for a majority of the current year of his status for the ensuing year, the teacher shall be deemed to be reemployed for the ensuing year on the same terms as existed during the current year, and the board shall issue a contract to such teacher as though the board had reemployed such teacher in the usual manner.
2. This section does not apply to any teacher who has been recommended to be dismissed or not to be reemployed if no final decision has been made by the board concerning such recommendation.
3. Any teacher who is reemployed pursuant to subsection 1 shall by April 10 notify the board of trustees in writing of his acceptance of the contract. Failure on the part of the teacher to notify the board of acceptance within the specified time limit shall be conclusive evidence of the teachers rejection of the contract.
4. If the teachers are represented by a recognized employee organization pursuant to chapter 288 of NRS, and negotiation has been commenced pursuant to NRS 288.180, then the provisions of subsections 1, 2 and 3 shall not apply except that prior to April 10 of each year the teachers shall notify the board in writing, on forms provided by the board, of their intention to accept reemployment. Any agreement negotiated by the recognized employee organization and the board shall become a part of the contract of employment between the board and the teacher. The board of trustees shall mail contracts, by certified mail with return receipts requested, to each teacher to be reemployed at his last known address or shall deliver such contract in person to each teacher, obtaining a receipt therefor. Failure on the part of the teacher to notify the board of acceptance within 10 days after receipt of such letter shall be conclusive evidence of the teachers rejection of the contract.
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 214Clark County Delegation
CHAPTER 14
AN ACT relating to prostitution; prohibiting county licensing boards in certain counties from granting a license to operate a house of ill fame; and providing other matters properly relating thereto.
[Approved February 25, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.345 is hereby amended to read as follows:
244.345 1. Every person, firm, association of persons or corporation wishing to engage in the business of conducting a billiard or pool hall, dancing hall, bowling alley, theater, soft-drink establishment, gambling game or device permitted by law, or other place of amusement, entertainment or recreation, outside of an incorporated city or incorporated town, shall:
κ1971 Statutes of Nevada, Page 12 (CHAPTER 14, SB 214)κ
(a) Make application by petition to the license board, as provided in subsection 2, of the county in which any such business is to be engaged in, for a county license of the kind desired. Such application shall be in a form prescribed by the regulations of the license board.
(b) File the application with the required license fee with the county license collector, who shall present the same to the license board at its next regular meeting.
The board may refer the petition to the sheriff, who shall report upon the same at the following regular meeting of the board. The board shall then and there grant or refuse the license prayed for or enter such other order as is consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the sheriff may, in his discretion, grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed under the provisions of chapter 269 of NRS, the license board shall have the exclusive power to license and regulate the businesses herein set forth.
2. The board of county commissioners, the sheriff and the district attorney of the county shall constitute the license board, and the county clerk or other person designated by the license board shall be the clerk thereof, in the respective counties of this state.
3. The license board is empowered and commissioned to act for the purposes of this section (without further compensation to the board or the clerk thereof) as a license board to:
(a) Fix, impose and collect license fees upon the businesses herein mentioned.
(b) Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the licensee.
(c) Adopt, amend and repeal regulations relating to licenses and licensees.
(d) Restrict, revoke or suspend licenses for cause after hearing. In an emergency the board may issue an order for immediate suspension or limitation of a license, but the order shall state the reason for suspension or limitation and shall afford the licensee a hearing.
4. The license board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or the licensing of the businesses mentioned in this section. Notice of such hearing shall be published in a newspaper published in and having general circulation in the county at least once a week for a period of 2 weeks before the hearing.
5. New regulations shall be adopted after public hearing by a vote of at least two-thirds of the members present. Upon adoption of new regulations the board shall designate their effective date, which shall not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations shall be mailed to the address of each licensee and each practicing attorney in the county.
6. Except for the adoption of new regulations a majority vote of the members of the license board present shall govern in the transaction of all business. A majority of the members thereof shall constitute a quorum for the transaction of business.
κ1971 Statutes of Nevada, Page 13 (CHAPTER 14, SB 214)κ
7. Any person, firm, association of persons or corporation who shall engage in any of the businesses herein mentioned without first having obtained a license and paid the license fee therefor as herein provided shall be guilty of a misdemeanor.
8. In any county having a population of 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any female for the purpose of prostitution.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 104Senator Swobe
CHAPTER 15
AN ACT relating to Local Government Budget Act; excluding from the Local Government Budget Act the Clarke-McNary fire protection districts.
[Approved February 25, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.474 is hereby amended to read as follows:
354.474 1. Except as otherwise provided in subsection 2, the provisions of NRS 354.470 to 354.626, inclusive, shall apply to all local governments. For the purpose of NRS 354.470 to 354.626, inclusive, local government means every political subdivision or other entity which has the right to levy or receive moneys from ad valorem or other taxes or any mandatory assessments, and includes without limitation counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, [473,] 474, 540, 541, 542, 543 and 555 of NRS, NRS 450.550 to 450.700, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.
2. An irrigation district organized pursuant to chapter 539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to 539.683, inclusive. The levy of such assessments and the posting and publication of claims and annual financial statements as required by chapter 539 of NRS shall be deemed compliance with the budgeting, filing and publication requirements of NRS 354.470 to 354.626, inclusive, but any such irrigation district which levies an ad valorem tax is required to comply with the filing and publication requirements of NRS 354.470 to 354.626, inclusive, in addition to the requirements of chapter 539 of NRS.
Sec. 2. This act shall become effective upon passage and approval.
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κ1971 Statutes of Nevada, Page 14κ
Senate Bill No. 97Committee on Federal, State and Local Governments
CHAPTER 16
AN ACT relating to state purchasing; making certain changes in the appeals procedures to be followed by unsuccessful bidders.
[Approved February 25, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 333.370 is hereby amended to read as follows:
333.370 1. Any unsuccessful bidder may file a notice of appeal at the time of the award by posting bond with good and solvent surety in an amount equal to 25 percent of the [average] successful bid submitted, and thereafter within 10 days from the opening of the bids may appeal to the [chief,] director, who may cancel the award for lack of compliance with the provisions of this chapter. Any such cancellation shall necessitate readvertising for bids and a new award under the provisions of this chapter.
2. Any notice of appeal under the provisions of this section shall operate as a stay of action in relation to entering into any contract under such award until the expiration of 10 days and, if the appeal is taken, pending decision thereon.
3. The chief may make such open market purchases of the commodities as urgently may be needed to meet the requirements until a determination is made of the appeal.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 71Committee on Federal, State and Local Governments
CHAPTER 17
AN ACT to be designated as the 1971 Public Securities Validation Act; validating, ratifying, approving and confirming outstanding public securities of the state and all corporate subdivisions and agencies thereof, and acts and proceedings had or taken thereby and pertaining to public securities; repealing acts in conflict with this act; and providing other matters properly relating thereto.
[Approved February 25, 1971]
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 1971 Public Securities Validation Act.
Sec. 2. As used in this act:
1. Public body of the state means any state educational institution or other state institution, its board of regents or other governing body thereof constituting a body corporate, any county, incorporated city or incorporated town, whether incorporated or governed under a general act, special legislative act or special charter enacted, adopted or granted pursuant to sections 1 or 8, article 8, of the constitution of the state, or otherwise, any unincorporated city or unincorporated town, any school district, local improvement district, general improvement district, power district, irrigation district, drainage district, water conservancy district, water district, sanitation district, water and sanitation district, sewage, water and garbage disposal district, flood control district, swimming pool district, public cemetery district, county fire protection district, fire protection district, television maintenance district, housing authority, urban renewal agency, community redevelopment agency, any other corporate district, any corporate commission, or any other political subdivision of the state constituting a body corporate.
κ1971 Statutes of Nevada, Page 15 (CHAPTER 17, SB 71)κ
otherwise, any unincorporated city or unincorporated town, any school district, local improvement district, general improvement district, power district, irrigation district, drainage district, water conservancy district, water district, sanitation district, water and sanitation district, sewage, water and garbage disposal district, flood control district, swimming pool district, public cemetery district, county fire protection district, fire protection district, television maintenance district, housing authority, urban renewal agency, community redevelopment agency, any other corporate district, any corporate commission, or any other political subdivision of the state constituting a body corporate.
2. Public security means a bond, note, warrant, debenture, interim debenture, certificate of indebtedness, or other obligation for the payment of money, issued by this state or by any public body thereof, either a general obligation for the payment of which the state or public body issuing the obligation pledges its full faith and credit or a special obligation payable from special assessments or designated revenues from sources other than special assessments.
3. State means the State of Nevada and any board, commission, department, corporation, instrumentality or agency thereof.
4. Voted public security means a public security which has been approved or purportedly approved by those qualified electors of the public body issuing the public security and voting on a proposal authorizing its issuance under a two-colors-of-bond-ballot-law or otherwise.
Sec. 3. The legislature by this act finds and declares that since the last session of the legislature:
1. Decisions of various state and federal courts in the United States concerning qualifications of voters at elections of various types, including without limitation elections on bond questions, raise by implication questions as to the possible invalidity of elections pertaining to voted public securities and the proceedings taken wholly or in part preliminary to and in the issuance of voted public securities and other public securities which may be funded wholly or in part with the proceeds of voted public securities and are issued or are to be issued in anticipation of the subsequent issuance of voted public securities.
2. The market for public securities has deteriorated to historic lows and interest costs are at historic highs, but within such general condition of deterioration the market has materially fluctuated up and down at sporadic intervals and without discernible pattern, which conditions have made difficult the sale of securities within legal limitations, including without limitation sales within maximum interest rates and maximum effective interest rates, and, in the case of public sales, within the periods required for public sales, and which conditions have resulted in practices in the sale of securities possibly raising legal questions thereabout.
3. Such questions stated in subsections 1 and 2 as to the legality of public securities and proceedings relating thereto further aggravate such market conditions.
4. The state and certain public bodies thereof need additional and costly public facilities and need to be able to borrow money to defray wholly or in part the cost of such facilities by the issuance of such voted public securities, other public securities issued in anticipation thereof and which may be funded by such voted public securities, and other nonvoted public securities.
κ1971 Statutes of Nevada, Page 16 (CHAPTER 17, SB 71)κ
which may be funded by such voted public securities, and other nonvoted public securities.
5. The public health, safety, convenience and welfare require that the legislature resolve all questions as to the legality of such public securities and the proceedings had and taken prior to the adoption of this act wholly or in part preliminary to and in the issuance of such public securities, whether any such question arises because of any irregularity or purported irregularity pertaining to such a bond election or otherwise.
Sec. 4. All outstanding voted public securities, other outstanding public securities issued in anticipation of voted public securities and which may be funded with the proceeds thereof, and other outstanding public securities of the state and of all public bodies thereof, and all acts and proceedings heretofore had or taken, or purportedly had or taken, by or on behalf of the state or any public body thereof under law or under color of law preliminary to and in the authorization, execution, sale, issuance and payment (or any combination thereof) of all such public securities are hereby validated, ratified, approved and confirmed, including but not necessarily limited to the terms, provisions, conditions and covenants of any resolution or ordinance pertaining thereto, the redemption of public securities before maturity and provisions therefor, the levy and collection of fees, rates, tolls and other charges, and general and other property taxes, and the acquisition and application of other revenues, the pledge and use of the proceeds thereof, and the establishment of liens thereon and funds and accounts therefor, pertaining to such public securities, notwithstanding any lack of power, authority or otherwise, and notwithstanding any defects and irregularities, in the creation of such public body and in such public securities, acts and proceedings, and in such authorization, execution, sale, issuance and payment, including without limitation such acts and proceedings pertaining to such public securities all or any part of which have heretofore not been issued nor purportedly issued. Such outstanding public securities are and shall be, and such public securities heretofore not issued nor purportedly issued shall be, after their issuance, binding, legal, valid and enforcible obligations of the state or the public body issuing them in accordance with their terms and their authorizing proceedings, subject to the taking or adoption of acts and proceedings heretofore not had or taken, nor purportedly had or taken, but required by and in substantial and due compliance with laws pertaining to any such public securities heretofore not issued nor purportedly issued.
Sec. 5. This act shall operate to supply such legislative authority as may be necessary to validate any public securities heretofore issued and any such acts and proceedings heretofore taken which the legislature could have supplied or provided for in the law under which such public securities were issued and such acts or proceedings were taken.
Sec. 6. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 7. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
κ1971 Statutes of Nevada, Page 17 (CHAPTER 17, SB 71)κ
without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 8. This act shall become effective upon passage and approval.
________
Assembly Bill No. 89Messrs. Schofield, May, Olsen, Lowman, Smalley, Miss Hawkins, Messrs. Dreyer, Hilbrecht, Branch, Mrs. White, Messrs. Ashworth, Glaser, Mello, Wilson and Mrs. Brookman
CHAPTER 18
AN ACT relating to retired certified public school teachers; allowing such teachers, upon subsequent employment in positions of substitute teachers, Social Security coverage.
[Approved March 2, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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.
κ1971 Statutes of Nevada, Page 18 (CHAPTER 18, AB 89)κ
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.
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. On and after July 1, 1969, the various school districts, except as provided in subsection 5, 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.
5. Any school district which has an approved plan in effect for extending the benefits of the Act of Congress approved August 14, 1935, ch. 531, 49 Stat. 620, officially cited as the Social Security Act (including regulations and requirements issued pursuant thereto), as such act has been and may from time to time be amended, shall:
(a) Pay into the Social Security revolving fund contributions at such time and in the amounts and at the rates specified in the applicable agreement and modification thereto entered into by the state agency under NRS 287.150.
(b) Collect from each certified public school teacher, in the position of substitute teacher covered by the agreement, contributions required under the agreement with respect to wages paid.
Sec. 2. NRS 287.190 is hereby amended to read as follows:
287.190 [Service] 1. Except as provided in subsection 2, service of employees of the State of Nevada or of any political subdivision thereof in positions which are eligible to participate in the retirement system established pursuant to chapter 286 of NRS, as the same has been or hereafter may be amended, is specifically excluded from NRS 287.050 to 287.240, inclusive.
2. Any certified public school teacher receiving a service retirement allowance under the provisions of chapter 286 of NRS may, upon subsequent employment in the position of substitute teacher in any school district in the state, file a written request with the school district for coverage under the Social Security Act, pursuant to the provisions of NRS 287.050 to 287.240, inclusive.
Sec. 3. NRS 391.370 is hereby amended to read as follows:
391.370 1. [All] Except as provided in section 4 of this act, all agreements and modifications thereof made by a board of trustees of a school district or educational district abolished by NRS 386.020 with the Federal Security Administrator or the Secretary of Health, Education, and Welfare pursuant to the provisions of:
(a) Chapter 103, Statutes of Nevada 1953; and
(b) NRS 287.050 to 287.240, inclusive; and
κ1971 Statutes of Nevada, Page 19 (CHAPTER 18, AB 89)κ
(c) The rules and regulations of the employment security department of the State of Nevada,
providing for the participation of employees of school districts and educational districts in Federal Old-Age and Survivors Insurance coverage under the provisions of Title II, Section 218, of the Social Security Act shall terminate on March 2, 1956.
2. Any moneys due by any abolished school district or educational district on March 2, 1956, pursuant to the terms and conditions of any agreement and modifications thereof made by the board of trustees of the abolished school district or educational district providing for the participation of employees of school districts and educational districts in Federal Old-Age and Survivors Insurance coverage under the provisions of Title II, Section 218, of the Social Security Act shall become the obligation of and shall be paid by the board of trustees of the new county school district whose area includes the area of the contracting school district or educational district abolished by NRS 386.020.
Sec. 4. Chapter 391 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Every school district in the state shall submit, for approval by the state agency, as that term is defined in NRS 287.130, its plan for extending the benefits of Title II of the Social Security Act to certified public school teachers in the position of substitute teachers, immediately upon receiving a request for such coverage pursuant to the provisions of NRS 287.190.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 228Senator Monroe
CHAPTER 19
AN ACT to amend an act entitled An Act incorporating the City of Elko, in Elko County, Nevada, and defining the boundaries thereof, under a new charter; providing that such charter shall become effective only if the original charter is repealed; and providing other matters properly relating thereto, approved April 13, 1965, as amended.
[Approved March 2, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of chapter II of the above-entitled act, being chapter 417, Statutes of Nevada 1965, as amended by chapter 402, Statutes of Nevada 1969, at page 679, is hereby amended to read as follows:
Section 3. Officers, Election of-Election, When and How Held-Supervisors.
1. The incumbent mayor and supervisors of the city of Elko shall hold office after the effective date of this charter for the remainder of the terms to which they were respectively elected.
2. On the first Tuesday after the first Monday in June 1971, and at each successive interval of four years thereafter there shall be elected at large by the qualified voters of the city of Elko at a general election to be held for that purpose a mayor in and for said city who shall hold office for a period of four years and until his successor shall have been elected and qualified.
κ1971 Statutes of Nevada, Page 20 (CHAPTER 19, SB 228)κ
each successive interval of four years thereafter there shall be elected at large by the qualified voters of the city of Elko at a general election to be held for that purpose a mayor in and for said city who shall hold office for a period of four years and until his successor shall have been elected and qualified. On the first Tuesday after the first Monday in June [1973,] 1971, and at each successive interval of two years thereafter, there shall be elected at large by the qualified voters of said city two supervisors who shall hold office for four years and until their successors shall have been elected and qualified. The board of supervisors of said city shall order the general election and shall determine the places in said city for holding the same, and the mayor of said city shall make proclamation thereof, and otherwise said election and the manner of holding the same shall be governed by the laws of the State of Nevada governing general elections, so far as the same may be applicable thereto, and in the event there should be any failure on the part of the general election laws of the state to provide for some feature of said city election then the board of supervisors of said city of Elko shall have the power to provide for such deficiency.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 508Committee on Ways and Means
CHAPTER 20
AN ACT making a supplemental appropriation from the general fund in the state treasury to the special fund of the attorney general.
[Approved March 5, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1971, there is hereby appropriated from the general fund in the state treasury the sum of $15,000 to the special fund of the attorney general as an additional and supplemental appropriation to that allowed and made by section 4 of chapter 658, Statutes of Nevada 1969.
Sec. 2. After June 30, 1971, any unexpended balance of the appropriation made by section 1 of this act shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on September 1, 1971.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 21κ
Senate Bill No. 92Senator Dodge
CHAPTER 21
AN ACT relating to hearings before the public service commission of Nevada; making the transcription of sound-recorded testimony discretionary; and providing other matters properly relating thereto.
[Approved March 5, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 704.480 is hereby amended to read as follows:
704.480 1. A full and complete record shall be kept of all hearings before the commission, 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,] reported by a stenographer shall be transcribed, and the transcript filed with the record in the matter. The commission may, by rule or regulation, provide for the transcription or safekeeping of such sound recordings. 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 and testimony taken 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. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 22κ
Senate Bill No. 26Senator Monroe
CHAPTER 22
AN ACT to amend NRS 484.777, relating to the scope of state traffic laws, by clarifying and enlarging the permitted scope of local traffic regulation.
[Approved March 5, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.777 is hereby amended to read as follows:
484.777 1. The provisions of this chapter are applicable and uniform throughout this state on all highways to which the public has a right of access or to which persons have access as invitees or licensees.
2. Unless otherwise provided, any local authority may enact by ordinance traffic regulations which cover the same subject matter as the various sections of this chapter if the provisions of such ordinance are not in conflict with this chapter.
3. A local authority shall not enact an ordinance:
(a) [Governing the driving of vehicles while under the influence of intoxicating liquor or drugs;
(b)] Governing the registration of vehicles and the licensing of drivers;
[(c)] (b) Governing the duties and obligations of persons involved in traffic accidents; or
[(d)] (c) Providing a penalty for an offense for which the penalty prescribed by this chapter is greater than that imposed for a misdemeanor.
4. No person convicted or adjudged guilty of a violation of a traffic ordinance shall be charged or tried in any other court in this state for the same offense.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 34Senator Hug
CHAPTER 23
AN ACT relating to the incorporation of the Episcopal Diocese of Nevada; providing that the diocese shall be the corporate successor to the unincorporated missionary district of Nevada; providing that the diocese shall have certain powers; repealing antiquated provisions relating to church property and income; and providing other matters properly relating thereto.
[Approved March 5, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 82 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. The Episcopal Diocese of Nevada, which is in communion with the Protestant Episcopal Church in the United States of America, also known as the Episcopal Church, shall be deemed a body corporate and politic.
κ1971 Statutes of Nevada, Page 23 (CHAPTER 23, SB 34)κ
also known as the Episcopal Church, shall be deemed a body corporate and politic.
Sec. 3. The purpose of the diocese is that of a corporate successor to the unincorporated missionary district of Nevada and the diocese includes all missions and parishes of the Episcopal Church within the State of Nevada.
Sec. 4. The corporate powers of the diocese shall vest in a bishop and diocesan council selected as provided in the diocesan constitution and canons.
Sec. 5. Upon the selection of the bishop and members of the diocesan council, a certificate of such selection shall be executed by the bishop and secretary of the diocese, duly acknowledged by a competent officer, and filed in the office of the secretary of state.
Sec. 6. The secretary of the diocese shall, on or before July 1 of each year, make and execute a list of the names and addresses of the bishop and members of the diocesan council and file the list in the office of the secretary of state.
Sec. 7. The Episcopal Diocese of Nevada shall have power in its corporate capacity to:
1. Have and use a common seal and to renew and alter it.
2. Sue and be sued in any court of competent jurisdiction.
3. Take into the possession and custody of the officers thereof all the temporalities belonging to the missonary district of Nevada and each and every mission church thereof, whether they consist of real estate or personal estate.
4. Buy, sell, hypothecate, acquire by bequest or donation, directly or indirectly, such property, real and personal, as may be deemed necessary by its proper officers to carry out the purposes of the diocese within the State of Nevada.
5. Build churches, vicarages, schoolhouses and other buildings for the use of the diocese or any congregation thereof, and to repair and alter them.
6. Make rules and orders for managing the religious and temporal affairs of the diocese and to dispose of all moneys belonging thereto.
7. Exercise such other powers as may be necessary and proper to the administration of the religious and temporal affairs of the diocese within the State of Nevada.
Sec. 8. The Episcopal Diocese of Nevada shall be entitled to all the rights, privileges and immunities usually had or enjoyed by religious corporations within the State of Nevada.
Sec. 9. Annually the diocesan council shall make a full report to the diocese of all property, real and personal, owned or held by the diocese and the condition of the diocese.
Sec. 10. NRS 82.340 is hereby amended to read as follows:
82.340 Whenever it is provided in any canon, bylaws, or statute of the [missionary district of Nevada (or diocese of Nevada, if the missionary district shall become a diocese) of the Protestant Episcopal Church] Episcopal Diocese of Nevada that the annual meeting for their election of the members of the vestry or governing body of any church or religious congregation incorporated under NRS 82.300 to 82.390, inclusive, shall be held at a time other than that specified in the certificate of incorporation of such church or congregation, any election of the members of the vestry held at the time specified in such canon, bylaw or statute shall be valid, and the church wardens and vestrymen chosen at any election shall hold their offices until the expiration of the year for which they shall be elected or chosen, and until others shall be elected in their stead.
κ1971 Statutes of Nevada, Page 24 (CHAPTER 23, SB 34)κ
be held at a time other than that specified in the certificate of incorporation of such church or congregation, any election of the members of the vestry held at the time specified in such canon, bylaw or statute shall be valid, and the church wardens and vestrymen chosen at any election shall hold their offices until the expiration of the year for which they shall be elected or chosen, and until others shall be elected in their stead.
Sec. 11. NRS 82.360 is hereby amended to read as follows:
82.360 The trustees of every church and congregation, and their successors, mentioned in NRS 82.300 to 82.390, inclusive, shall have the power [:] , subject to the provisions of sections 2 to 9, inclusive, of this act:
1. To have and use a common seal, and to renew and alter the same at their pleasure.
2. To take into their possession and custody all the temporalities belonging to such church, congregation or society, whether the same consist of real estate or personal estate, and whether the same shall have been given, granted or devised directly to such church or congregation, or to any person or persons for their use.
3. By their corporate name or title, to mortgage real or personal property.
4. To sue and be sued in all courts of law and equity.
5. To recover, hold and enjoy all the debts, demands, rights and privileges, and all churches, rectories and burial places, with the appurtenances, and all estates belonging to such church or congregation, in whatever manner the same may have been acquired, or in whatever name the same may be held, as fully and amply as though the right or title thereto had originally been vested in the trustees.
6. To purchase and hold other real and personal property, and to devise, lease and improve the same for the use of such church or congregation, or for other pious uses. [; but the entire real and personal property shall not exceed the annual value of $10,000.]
7. To build churches, rectories, schoolhouses and other buildings for the use of such church or congregation, and to repair and alter the same.
8. To make rules and orders for managing the temporal affairs of such church or congregation, and to dispose of all moneys belonging thereto.
9. To regulate and order the renting of pews in their churches.
10. To control all matters pertaining to their burial places.
11. To appoint a clerk and treasurer of their board, and a collector to collect and receive all rents and revenue due them, and to regulate the fees to be allowed to such officers, to remove the clerk, treasurer and collector at pleasure, and appoint others in their stead. Clerks shall enter all rules and orders made by the trustees, and payments made by them, in a book to be kept for that purpose.
Sec. 12. NRS 82.370 is hereby amended to read as follows:
82.370 It shall be lawful for any court of competent jurisdiction, upon the application of any religious corporation, subject to the provisions of sections 2 to 9, inclusive, of this act, in case the judge thereof shall deem it proper:
1. To make an order for the sale of any real estate belonging to the corporation; and
κ1971 Statutes of Nevada, Page 25 (CHAPTER 23, SB 34)κ
2. To direct the application of the moneys arising therefrom by the corporation to such uses as the corporation, with the consent and approbation of the court, shall conceive to be the most for the interest of the church [or] , congregation or diocese to which the real estate so sold did belong.
Sec. 13. NRS 82.380 is hereby repealed.
Sec. 14. This act shall become effective upon passage and approval.
________
Senate Bill No. 218Committee on Labor
CHAPTER 24
AN ACT relating to unemployment compensation; providing for extended unemployment compensation benefits if certain conditions are present; defining terms involved in computing and providing benefits; determining eligibility requirements; formulating the amount of benefits payable; excluding such benefits from being charged to base period employers; and providing other matters properly relating thereto.
[Approved March 5, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 612 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. As used in sections 2 to 11, inclusive, of this act, unless the context clearly requires otherwise:
1. Extended benefit period means a period which:
(a) Begins with the third week after whichever of the following weeks occurs first:
(1) A week for which there is a national on indicator; or
(2) A week for which there is a Nevada on indicator; and
(b) Ends with either of the following weeks, whichever occurs later:
(1) The third week after the first week for which there is both a national off indicator and a Nevada off indicator; or
(2) The 13th consecutive week of such period,
provided no extended benefit period may begin by reason of a Nevada on indicator before the 14th week following the end of a prior extended benefit period which was in effect with respect to Nevada; and provided, further, that no extended benefit period may become effective in Nevada prior to the 61st day following the date of enactment of the Federal-State Extended Unemployment Compensation Act of 1970 and that, within the period beginning on such 61st day and ending on December 31, 1971, an extended benefit period may become effective and be terminated in Nevada solely by reason of a Nevada on and a Nevada off indicator, respectively.
2. There is a national on indicator for a week if the Secretary of Labor determines that for each of the three most recent completed calendar months ending before such week, the rate of insured unemployment (seasonally adjusted) for all states equaled or exceeded 4.5 percent.
κ1971 Statutes of Nevada, Page 26 (CHAPTER 24, SB 218)κ
3. There is a national off indicator for a week if the Secretary of Labor determines that for each of the three most recent completed calendar months ending before such week, the rate of insured unemployment (seasonally adjusted) for all states was less than 4.5 percent.
4. There is a Nevada on indicator for a week if the executive director determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted) under sections 2 to 11, inclusive, of this act:
(a) Equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; and
(b) Equaled or exceeded 4 percent.
5. There is a Nevada off indicator for a week if the executive director determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted):
(a) Was less than 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; or
(b) Was less than 4 percent.
6. Rate of insured unemployment, for purposes of subsections 4 and 5, means the percentage derived by dividing:
(a) The average weekly number of individuals filing claims in this state for the weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the executive director on the basis of his reports to the Secretary of Labor; by
(b) The average monthly employment covered under this chapter as determined by the executive director and recorded in department records for the first four of the most recent six completed calendar quarters ending before the end of such 13-week period.
7. Regular benefits means benefits payable to an individual under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. § 8501 et seq.) other than extended benefits.
8. Extended benefits means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. § 8501 et seq.) payable to an individual under the provisions of sections 2 to 11, inclusive, of this act for the weeks of unemployment in his eligibility period.
9. Eligibility period of an individual means the period consisting of the weeks in his benefit year under this chapter which begin in an extended benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.
10. Exhaustee means an individual who, with respect to any week of unemployment in his eligibility period:
(a) Has received, prior to such week, all of the regular benefits that were available to him under this chapter or any other state law (including augmented weekly benefits for dependents and benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C.
κ1971 Statutes of Nevada, Page 27 (CHAPTER 24, SB 218)κ
civilian employees and ex-servicemen under 5 U.S.C. § 8501 et seq.) in his current benefit year that includes such week; provided, for the purposes of this paragraph, an individual shall be deemed to have received all of the regular benefits that were available to him, although as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits; or
(b) His benefit year having expired prior to such week, has no, or insufficient, wages on the basis of which he could establish a new benefit year that would include such week; and
(c) Has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, 45 U.S.C. § 351 et seq., the Trade Expansion Act of 1962, 19 U.S.C. § 1801 et seq., the Automotive Products Trade Act of 1965, 19 U.S.C. § 2001 et seq. and such other federal laws as are specified in regulations issued by the Secretary of Labor, and has not received and is not seeking unemployment benefits under the unemployment compensation law of the Virgin Islands or of Canada; but if he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under such law he is considered an exhaustee.
11. State law means the unemployment insurance law of any state, approved by the Secretary of Labor under section 3304 of the Internal Revenue Code of 1954.
Sec. 3. Except when the result would be inconsistent with the other provisions of sections 2 to 11, inclusive, of this act, as provided in the regulations of the executive director, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits.
Sec. 4. An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the executive director finds that with respect to such week:
1. He is an exhaustee as defined in subsection 10 of section 2 of this act; and
2. He has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits.
Sec. 5. The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be:
1. The basic weekly benefit amount or the augmented weekly benefit amount, whichever is appropriate, payable to him for his applicable benefit year; or
2. The average of the weekly benefit amounts for weeks of total unemployment payable in the applicable benefit year if the individual was entitled to more than one weekly rate. If the amount computed in accordance with this subsection is not a multiple of $1 it shall be computed to the next higher multiple of $1.
Sec. 6. The weekly benefit amount of extended compensation paid for a week of less than total unemployment shall be based on the extended weekly benefit amount as determined in section 5 of this act.
κ1971 Statutes of Nevada, Page 28 (CHAPTER 24, SB 218)κ
Sec. 7. The total extended benefit amount payable to any eligible individual with respect to his applicable benefit year shall be the least of the following amounts:
1. Fifty percent of the basic benefits which were payable to him in his benefit year to which amount shall be added 50 percent of the total amount of augmentation for dependents that was payable to him in the applicable benefit year. If the amount computed is not a multiple of $1, it shall be computed to the next higher multiple of $1.
2. Thirteen times his average weekly benefit amount (including augmentation for dependents) which was payable to him under this chapter for a week of total unemployment in the applicable benefit year. If the amount computed is not a multiple of $1, it shall be computed to the next higher multiple of $1.
Sec. 8. If an individual who has received extended compensation for a week or weeks of unemployment is determined to be entitled to more regular compensation with respect to such week or weeks as a result of an appeal, the extended compensation that was paid to him shall be treated as if it were regular compensation up to the greater amount of compensation to which he has been determined to be entitled. If the individual is entitled to more extended compensation as a result of being entitled to more regular compensation an amended determination shall be made of his entitlement to extended compensation and a notice of such a determination shall be given to the individual.
Sec. 9. 1. Whenever an extended benefit period is to become effective in this state (or in all states) as a result of a Nevada or a national on indicator, or an extended benefit period is to be terminated in Nevada as a result of a Nevada off indicator or Nevada and national off indicators, the executive director shall make an appropriate public announcement.
2. Computations required by the provisions of subsection 6 of section 2 of this act shall be made by the executive director, in accordance with regulations prescribed by the Secretary of Labor.
Sec. 10. Extended benefits paid to an individual shall not be charged against the experience rating records of his base period employers.
Sec. 11. No Nevada on indicator shall take effect prior to the weeks beginning February 28, 1971, or Sunday of the week containing the date of the date of passage and approval of this act, whichever is later.
Sec. 12. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 29κ
Assembly Bill No. 190Messrs. Smith and Hilbrecht
CHAPTER 25
AN ACT amending the text of the California-Nevada Interstate Compact to conform language to the text of the compact as enacted by the State of California; and providing other matters properly relating thereto.
[Approved March 5, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 538.600 is hereby amended to read as follows:
538.600 The legislature of the State of Nevada hereby ratifies and approves the California-Nevada Interstate Compact as [signed at Reno, Nevada, on July 25, 1968, by the commissioners of the State of Nevada, acting pursuant to the authority granted by the legislature of this state, and the commissioners representing the State of California, and approved by the representatives of the United States, which compact is quoted in full] set forth in this section. The provisions of the compact shall become the law of this state upon the compact becoming operative as provided in Article XXII of the compact. The provisions of the California-Nevada Interstate Compact are as follows:
ARTICLE [I-] I. Purposes
Consistent with the provisions of the authorization Acts of the State of California and the State of Nevada and the United States, the major purposes of this compact are to provide for the equitable apportionment of water between the two states; to promote interstate comity and to further intergovermental cooperation; to protect and enhance existing economies; to remove causes of present and future controversies; to permit the orderly integrated and comprehensive development, use, conservation and control of the water within the Lake Tahoe, Truckee River, Carson River, and Walker River Basins.
ARTICLE [II-] II. Definitions
A. The terms California and Nevada shall mean respectively the State of California and the State of Nevada.
B. The term commission shall mean the administrative agency created by Article IV of this compact.
C. The term Lake Tahoe Basin shall mean the drainage area naturally tributary to Lake Tahoe including said Lake or to the Truckee River upstream from the Truckee River intersection with the western boundary of Section 12, Township 15 North, Range 16 East, Mount Diablo Base and Meridian.
D. The term Truckee River Basin shall mean the area which naturally drains into the Truckee River and its tributaries and into Pyramid Lake [,] including such lake, but excluding the Lake Tahoe Basin.
E. The term Carson River Basin shall mean the area which naturally drains into the Carson River and its tributaries and to the Carson River Sink, but excluding the Humboldt River drainage area.
κ1971 Statutes of Nevada, Page 30 (CHAPTER 25, AB 190)κ
F. The term Walker River Basin shall mean the area which naturally drains into the Walker River and/or Walker Lake upstream from the intersection of the river and/or lake in Mineral County, Nevada, with the northern township line of Tier 10 North, Mount Diablo Base Line.
G. Except as otherwise expressly provided in this compact the terms existing, present, and presently shall mean as of 1964.
H. The term effective date of the compact shall be the date on which the legislation provided for in Article XXII (1) and (2) shall become law.
I. Measured means the determination of the relevant amount of water in cubic feet per second or gallons per minute or acre-feet by the use of a current meter, rated weir, rated flume, pipeline water meter, computation from contour maps, or any other method which results in a reasonably accurate determination based on sound engineering practices.
ARTICLE [III-] III. Sovereign Relationship
A. Each state shall have jurisdiction to determine, pursuant to its own laws, the rights to the use of waters allocated to it herein [.] ; provided, however, that the right to use such water shall be limited to such quantities of water as shall reasonably be required for the beneficial use to be served and shall not extend to the waste or unreasonable use of water. Such provision shall not be construed to affect the water rights laws of either state with respect to any waters, other than the waters allocated to the state hereunder. Each state will recognize and accept applications for such permits, licenses or other permissions as are required by the law of the state where the application is filed to enable the other state to utilize water allocated to such other state. This provision shall neither require nor prohibit the United States of America from complying with provisions of state law relating to the appropriation of water allocated to the states by this compact.
B. Each state shall cooperate with the other in securing to each the right to fully utilize the rights and privileges granted and waters allocated to each hereunder.
C. The use of water by the United State of America or any of its agencies, instrumentalities or wards shall be charged as a use by the state in which the use is made.
ARTICLE [IV-] IV. The California-Nevada Compact Commission
A. Creation and Composition
1. There is hereby created an interstate compact commission to be designated as the California-Nevada Compact Commission herein referred to as the commission.
2. The commission shall consist of five members from each state and one member as representative of the United States chosen by the President of the United States who is hereby requested to appoint such a representative. The United States member shall be [ex-officio] ex officio chairman of the commission without vote and shall not be a domiciliary of or reside in either state.
κ1971 Statutes of Nevada, Page 31 (CHAPTER 25, AB 190)κ
(a) The California members of the commission shall consist of the Director of the Department of Water Resources of the State of California, and four (4) members appointed by the Governor of California, all of whom shall be residents of the State of California. One of the four members so appointed shall be a resident of the Lake Tahoe Basin, one shall be a resident of the Truckee River Basin, one shall be a resident of the Walker River Basin and one shall be a resident of the Carson River Basin.
(b) The Nevada members of the commission shall consist of the State Engineer of the State of Nevada (who additionally shall represent all Nevada areas not otherwise represented as herein provided), and four (4) members appointed by the Governor of Nevada, each of whom shall be a resident of the State of Nevada and represent a specific area therein as below defined, provided that the Governor shall not appoint any person a member of such commission if he determines that such person has a conflicting interest in California. One of the four members so appointed shall be a resident real property owner within and represent the Reno-Sparks metropolitan area (including adjacent agricultural area) and be fully qualified by knowledge and experience in connection with the water requirements and supply for such area; the other three members so appointed shall be representative of the common interest and goals of all water users of the area and each shall have broad practical experience in water management, and one shall be a resident real property owner within and represent the Walker River Basin in Nevada, another shall be a resident real property owner within and represent the Carson River Basin in Nevada upstream from Lahontan Reservoir, and the third shall be a resident real property owner within and represent the area within the Truckee-Carson Irrigation District in Nevada.
3. The term of office of the four members of the commission appointed by each Governor shall be four (4) years. The Governor of each state, upon appointment of the first members of the commission, shall designate one member of the commission to serve for a period of one year, one member to serve for a period of two years, one member to serve for a period of three years, and one member to serve for a period of four years. Thereafter, members shall be appointed for the regular term of four years as the terms expire.
4. Interim vacancy, for whatever cause, in the office of any member of the commission shall be filled for the unexpired term in the same manner as hereinabove provided for regular appointment.
5. The appointed members of the California-Nevada Compact Commission shall be designated within ninety (90) days after the effective date of the compact. Within thirty (30) days after such members have been appointed and the federal representative designated, the commission shall meet and organize.
B. Finances
1. The salaries and the personal expenses of each member of the commission shall be paid by the government he represents. All other expenses which are incurred by the commission incident to the administration of this compact and which are not paid by the United States or by other funds received by the commission shall be borne equally by the two states.
2. The commission shall adopt a budget covering the commissions estimate of its expenses for each of the following two fiscal years [: Provided,] ; provided, that whenever the legislatures of both states appropriate funds on an annual basis the commission shall submit its budget on such annual basis.
κ1971 Statutes of Nevada, Page 32 (CHAPTER 25, AB 190)κ
estimate of its expenses for each of the following two fiscal years [: Provided,] ; provided, that whenever the legislatures of both states appropriate funds on an annual basis the commission shall submit its budget on such annual basis. The commission shall submit said budget to the Governors of the two states for joint review and approval and to the President of the United States at the earliest date prescribed by the two states for submission of proposed budgets. Each state shall appropriate one-half of the funds necessary to meet said budget requirements, which appropriations shall be made available to the commission as of July 1 of each fiscal year for such fiscal years operations. All unexpended and unencumbered funds from such appropriations shall be returned by the commission in equal proportions to the states to the credit of the state fund from which said appropriation was made. All receipts and disbursements of funds handled by the commission shall be subject to a joint audit by the states and the report of said audit shall be included, and become a part of the annual report of the commission.
3. The commission shall not pledge the credit of any government except by and with the authority of the legislative body thereof given pursuant to and in keeping with the [constitution] Constitution of said government. The commission shall not incur any obligations prior to the availability of funds adequate to meet the same.
4. The commission shall make and transmit to the Legislature and Governor of each state and to the President of the United States an annual report covering the finances and activities of the commission and embodying such plans, recommendations and findings as may have been adopted by the commission.
C. Meetings and Voting
1. A quorum for any meeting of the commission shall consist of six members of the commission, provided that at least three members are present from each state.
2. All meetings of the commission for the consideration of and action on any matters coming before the commission, except matters involving the management of internal affairs of the commission and its staff, or involving litigation in which the commission is a party, shall be open to the public. Matters coming within the exception of this paragraph may be considered and acted upon by the commission in executive session under such rules and regulations as the commission may see fit to establish.
3. Each state shall have but one vote and every decision, authorization, determination, order or other action shall require the concurring votes of both states, provided that no state shall vote on any action without the concurring vote of not less than three members of the commission from such state.
D. General Powers
The commission shall have power to:
1. Adopt, amend and revoke [by-laws,] bylaws, rules and regulations and prescribe procedures for administration of the provisions of this compact.
2. Establish such offices as it deems necessary, and acquire and hold property either by purchase, lease or otherwise as may be necessary for the performance of its functions under this compact.
κ1971 Statutes of Nevada, Page 33 (CHAPTER 25, AB 190)κ
3. Employ engineering, legal, clerical and other aid as in its judgment may be necessary for the performance of its functions. Such employees shall be paid by and be responsible to the commission and shall not be considered to be employees of either state. The commission may establish workmens compensation benefits directly or by insurance. The commission is authorized to contribute to the cost of health and accident insurance for its employees to the same extent as either state contributes to the cost of such insurance for its employees.
4. Perform all functions required of it by this compact and to do all things necessary, proper or convenient in the performance of its duties hereunder, either independently or in cooperation with any state, federal or local agency or other entity or person.
5. Make such findings as are pertinent to this compact including but not limited to findings as to the quantities of water being used in either state, the amount of water available for use pursuant to the allocations made herein, and each states share of the waters allocated.
6. Install and maintain measuring devices of a type or types approved by the commission in any stream, lake, reservoir, ditch, pumping station or other diversion works on the Truckee, Carson or Walker Rivers or on Lake Tahoe, or on waters tributary thereto, or to require water users at their expense to install and maintain measuring devices, as the commission may determine necessary or proper to carry out the purposes or provisions of this compact. The execution and enforcement of such requirements concerning such measuring devices as shall be enacted by the commission shall be accomplished by the commission directly, or by such federal, state, local or other official or person as the commission may delegate, or by any other agency responsible to or representing a federal court.
7. Accept gifts of money or real property or anything of value.
8. Appoint a hearing examiner or examiners who may be members of the commission to conduct hearings and to make recommendations to the commission on any matter requiring a hearing and decision by the commission,
9. Obtain a right of access to all properties in the Lake Tahoe, Truckee River, Carson River and Walker River Basins whenever necessary for the purpose of administration of this compact. The commission may obtain a court order to enforce this right of access.
10. Take such action as it deems appropriate for the enforcement of the provisions of this compact.
11. Administer oaths or affirmations and to compel the attendance of witnesses and the production of documents by the use of subpoena which may be served anywhere within the territorial limits of the United States; said power to administer oaths and affirmations and to compel the attendance of witnesses and the production of documents by the use of subpoena may also be exercised by any hearing examiner appointed as provided in [Subsection] subsection 8 of this Section D.
12. Contract with the appropriate agency of either state, including the retirement system, to provide retirement and other benefits to commission employees.
E. Whenever the public health or welfare is endangered, the commission may declare the existence of an emergency and, in such event, shall designate the location, nature, cause, area, extent and duration thereof.
κ1971 Statutes of Nevada, Page 34 (CHAPTER 25, AB 190)κ
shall designate the location, nature, cause, area, extent and duration thereof. In the event of an emergency so declared, the commission may, with respect to all matters covered by this compact, do all things necessary, proper or convenient independently or in cooperation with any other agency, person, or entity, to initiate, carry on, and complete any and all remedial measures required to meet said emergency including the adoption and enforcement of any regulations and restrictions necessary for such purpose.
ARTICLE [V-] V. Lake Tahoe Basin
A. The right of the United States or its agent to store waters in Lake Tahoe between elevations [6223.0 and 6229.1 feet (Lake Tahoe Datum)] 6,223.0 and 6,229.1 feet (Lake Tahoe datum) and to release said stored waters for beneficial uses downstream from Lake Tahoe Basin is hereby ratified and confirmed subject to the rights granted in Section D of this [Article.] article.
B. It is agreed by the states subject to the consent of the head of the federal agency having jurisdiction thereof, that an overflow weir of approximately 140 feet in length with a crest elevation of [6223.0] 6,223.0 feet, Lake Tahoe [Datum,] datum, upstream from the Lake Tahoe outlet gates shall be constructed and installed with necessary channel improvements within four years from the effective date of this compact provided that should the commission decide that it is in the best interests of each of the two states, it may extend such period for such additional period or periods as it may deem reasonable. The cost of this installation shall be borne by the States of California and Nevada in equal amounts. As used herein, Lake Tahoe [Datum] datum shall be measured with respect to the top surface of the hexagonal brass bolt [7/8] seven-eighths inch in diameter, projecting one inch from the vertical face of the southerly concrete abutment wall of the present existing Lake Tahoe [dam,] Dam, at approximately 3.2 feet below the top of the wall and approximately in line with the upstream ends of the cutwaters of the concrete piers between the sluiceways of the dam. This surface of the brass bolt is presumed for the purposes of the compact to have an elevation [6230.0] 6,230.0 feet Lake Tahoe [Datum,] datum, notwithstanding that it was determined by the U.S. Geological Survey on November 15, 1960, to be at an elevation of [6228.86] 6,228.86 feet above sea level datum of 1929.
C. The storage rights in Lake Tahoe shall be operated alone or in conjunction with other reservoirs so as to minimize the period and duration of high and low water elevations in Lake Tahoe, provided that exchanges of water or releases between Lake Tahoe and other reservoirs shall not measurably impair the intended purpose of such reservoirs.
D. Upon construction of the overflow weir provided for in Section B of the [Article,] article, the total annual gross diversions for use within the Lake Tahoe Basin from all natural sources including ground water and under all water rights in said basin shall not exceed 34,000 acre-feet annually, of which 23,000 acre-feet annually is allocated to the State of California for use within said [Basin,] basin, and 11,000 acre-feet annually is allocated to the State of Nevada for use within said [Basin.]
κ1971 Statutes of Nevada, Page 35 (CHAPTER 25, AB 190)κ
[Basin.] basin. After use of the water allocated herein, neither export of the water from the Lake Tahoe Basin nor the reuse thereof prior to its return to the [Lake] lake is prohibited. This allocation is conditioned upon the construction of the overflow weir; however, it is recognized that there may well be a period of time between the effective date of the compact and the construction of the overflow weir; during that period of time both states shall be permitted to use waters within the Lake Tahoe Basin subject to the same conditions, both as to place of use and amounts of use, as are provided in this Article V.
E. In addition to the other allocations made by this compact, trans-basin diversions from the Lake Tahoe Basin in both states existing as of December 31, 1959, may be continued, to the extent that such diversions are recognized as vested rights under the laws of the state where each such diversion is made.
The diversion of a maximum of 3,000 acre-feet per annum from Marlette Lake for use in Nevada is hereby recognized as an existing trans-basin diversion within the meaning of this Section E.
F. Pumping from Lake Tahoe Basin for the benefit of downstream users within the Truckee River Basin shall be permitted only in the event of a drouth emergency as declared by the commission to the extent required for domestic, municipal, and sanitary purposes, and when it is determined by the commission that all other water available for such uses from all sources is being so utilized. In the event of such declaration of emergency, use of this water for such purposes shall have priority over use of water for any other purpose downstream from Lake Tahoe Basin. Pumping shall be done under the control and supervision of the commission and water pumped shall not be charged to the allocation of water to the Lake Tahoe Basin made herein.
ARTICLE [VI-] VI. Truckee River Basin
The following allocations of water of the Truckee River and its tributaries, including Lake Tahoe releases, are hereby made in the following order of relative priority as between the states:
A. There is allocated to Nevada water for use on the Pyramid Lake Indian Reservation in amounts as provided in the 1944 Truckee River Decree (Final Decree in United States vs. Orr Ditch Company, et al., United States District Court for the District of Nevada, Equity No. A3). By appropriate court order, the United States, for and in behalf of the Pyramid Lake Indians shall have the right to change points of diversion, place, means, manner, or purpose of use of the water so allocated so far as such change may be made without injury to the allocations to either state.
B. There is allocated to California:
1. The right to divert within the Truckee River Basin in California 10,000 acre-feet of water per calendar year which may be stored in reservoirs at times when the flow in the channel of the Truckee River at the United States Geological Survey Gauging Station at or near the California-Nevada state line exceeds 500 cubic feet per second; provided that such diversions shall not in the aggregate exceed 2,500 acre-feet in any calendar month and the amount of such storage in any one reservoir, except Donner Lake, shall not exceed 500 acre-feet of active storage capacity.
κ1971 Statutes of Nevada, Page 36 (CHAPTER 25, AB 190)κ
except Donner Lake, shall not exceed 500 acre-feet of active storage capacity.
2. The amount of water as decreed to the Sierra Valley Water Company by judgment in the case of United States vs. Sierra Valley Water Company, United States District Court for the Northern District of California, Civil No. 5597, as limited by said judgment.
3. Six thousand acre-feet of water annually from the conservation yield of Stampede Reservoir having a storage capacity of 225,000 acre-feet, subject to the execution of a contract or contracts therefor with the United States of America. California may divert all or any portion of said 6,000 acre-feet of conservation yield from Stampede Reservoir directly or by exchanges from any source on the Truckee River or its tributaries or from Lake Tahoe. California shall be allowed to deplete this allocation [provided] ; provided, that in ascertaining the amount of depletion, credit for return flow shall be limited to the amounts of water which can be measured as a contribution to the Truckee River system.
4. If and when the water allocated to California in subparagraphs 1 and 3 of this [Section] section and in Article V is being used, or such use appears imminent, the commission shall permit California to develop additional yields of water for use in California, either directly or by exchange subject to the following limitations:
(a) All existing beneficial uses of water for domestic, municipal, industrial, and agricultural purposes in Nevada as determined by Nevada law as of that time together with the yield of Stampede Reservoir in excess of 6,000 acre-feet shall be recognized and not impaired by the development of such additional yield. [; provided however, that the maximum amount of water to be recognized as an existing beneficial use of water in Nevada for the Pyramid Lake Indian Reservation shall be as allocated by Section A of this Article together with any additional water used for domestic or municipal purposes on said reservation; provided further however, that the water allocated in Section A of this Article must first be put to beneficial use before any credit will be given for said additional waters to be used for domestic or municipal purposes.]
(b) Additional yields developed for use in California shall be limited to an amount not to exceed an aggregate of 10,000 acre-feet annually, and such development shall be for domestic, municipal, and industrial uses solely. California shall be allowed to deplete this allocation; provided, that in ascertaining the amount of depletion, credit for return flow shall be limited to the amounts of water which can be measured as a contribution to the Truckee River system
(c) The right of the commission to permit Nevada to share in such additional yield upon participation by Nevada in bearing a proportionate cost of developing such additional yield.
C. The right to store in Prosser Creek Reservoir a maximum of 30,000 acre-feet of water annually with the priority as set forth in California State Water Rights permit 11666 and to release water therefrom as set forth in said permit and any license which may be issued thereunder is hereby recognized and confirmed.
D. There is allocated to Nevada all water in excess of the allocations made in Sections B and C of this [Article.] article.
κ1971 Statutes of Nevada, Page 37 (CHAPTER 25, AB 190)κ
ARTICLE [VII-] VII. Carson River Basin
The following allocations of water of the Carson River and tributaries are hereby made in the following order of priority as between [States:] states:
A. There is allocated to the State of California:
1. The right to divert from the natural flow of the West Fork Carson River and its tributaries for existing nonirrigation uses, and for direct irrigation use commencing on March 15 and ending on October 31 of each year on presently irrigable lands determined to be approximately 5,600 acres, an aggregate flow of water equal to a [thirty-day] 30-day average of 3 c.f.s. per 100 acres or 168 c.f.s. for the area as a whole; provided that the 3 c.f.s. per [100 acre] 100-acre limitation shall not prevent greater rates of diversion for those areas which have an established greater rate of use; provided further, however, that the maximum aggregate diversion shall not exceed 185 c.f.s. measured at the points of diversion.
Provided, however, diversions for use downstream from the western boundary of Section 34, Township 11 North, Range 19 East, Mount Diablo Base and Meridian, shall be subject to the following limitations:
(a) Whenever, after the first Monday in May or any day in that week or alternate weeks thereafter of any year the flow of the West Fork of the Carson River at said western boundary shall have fallen below 175 cubic feet per second, then, until October 31 next, water users in California who divert from the West Fork of the Carson River downstream from said western boundary shall rotate all or any portion of the natural flow of the West Fork of the Carson River necessary to satisfy the demand of Nevada lands with water users in Nevada every other week beginning with the week following that in which water is used in Nevada, and during each rotation period said California users shall be entitled to divert the natural flow of the West Fork of the Carson River during their rotation weeks.
(b) Rotation between water users in California and Nevada on the West Fork of the Carson River may be terminated in whole or in part upon approval of the commission for such termination, upon provision being made so that sufficient water is available by storage or exchange to assure that the water users in Nevada will receive at the same time the flow of water which would have been available to the Nevada water users under rotation.
(c) Stockwater, domestic water, and water for fire protection purposes may be diverted downstream from said western boundary from the natural flow of the West Fork of the Carson River at all times by owners of irrigation water rights in California whose lands are contiguous to the West Fork of the Carson River; provided, however, that such diversion shall be limited to the amounts actually required to deliver water for such purposes, and any excess over the amount so diverted shall be returned to the West Fork of the Carson River whenever practicable. Water diverted under this provision shall not be converted to any other use. The commission or its designee shall rule on any challenge relative to the necessity and amount of water required for such purposes.
κ1971 Statutes of Nevada, Page 38 (CHAPTER 25, AB 190)κ
2. The right to divert from the natural flow of the East Fork Carson River and its tributaries for existing nonirrigation uses, and for direct irrigation use commencing on March 15 and ending on October 31 of each year on presently irrigable lands determined to be approximately 3,820 acres, an aggregate flow of water equal to a [thirty day] 30-day average of 3 c.f.s. per 100 acres or 115 c.f.s. for the area as a whole; provided that the 3 c.f.s. per [100 acre] 100-acre limitation shall not prevent greater rates of diversion for those areas which have an established greater rate of use; provided further, however, that the maximum aggregate diversion shall not exceed 115 c.f.s. measured at the points of diversion.
3. There is allocated to the State of California the right to store 2,000 acre-feet of water per annum within Alpine County for supplemental use on presently irrigated lands within said county adverse to Lahontan Reservoir but subject to all other existing uses in Nevada. Water stored pursuant to this section remaining at the end of the year shall be deemed to have been stored in the succeeding year.
B. There is allocated to the State of Nevada:
1. The right to divert water from the natural flow of the Carson River and its tributaries during the period commencing March 15 and ending October 31 of each year at the rate of 3 c.f.s. per 100 acres for use on presently irrigated lands in the area above Lahontan Reservoir determined to be approximately 41,320 acres. The rate of 3 c.f.s. per 100 acres is based on a 30-day average for the area as a whole and shall not prevent greater rates of diversion for those areas that have an established greater use; provided that the aggregate diversion measured at the points of diversion shall not exceed 700 c.f.s. on the East Fork of the Carson River, 300 c.f.s. on the West Fork of the Carson River, and 220 c.f.s. on the Main Carson River below the confluence of the East and West Forks.
The combining and exchanging of the use of water between ditches and among users shall be permitted at all times and shall be required whenever necessary in order to obtain reasonable economy in the use of the water of the river or other streams, or in order to give to each ditch or user a more advantageous irrigation head.
2. Subject to allocations made in [Subsection] subsection B.1 and Section C of this [Article,] article, the right to divert water from the Carson River for irrigation use either by direct diversion or by storage in Lahontan Reservoir or other existing reservoirs for use on the Newlands Project.
C. There is allocated to each state the right to store water in existing reservoirs upstream from Lahontan Reservoir to the extent of existing capacity with the appropriate priority with respect to natural flow rights upstream from Lahontan Reservoir under applicable state law, and use such stored waters on the lands in each state to which the storage is appurtenant.
D. [Present uses of water on National Forest Lands in the Toiyabe National Forest by or under the authority of the United States are hereby confirmed and shall be recognized by both states, with such priority as may be appropriate.
E.] Additional yields shall be available for development under the currently authorized Washoe Project from water available in excess of existing beneficial uses recognized by Nevada [Law,] law, or under other new projects upon a determination by the commission that there is water available on the Carson River and its tributaries in excess of that required to satisfy existing beneficial uses in Nevada as determined by Nevada [Law] law as of the time of authorization or construction of such new projects.
κ1971 Statutes of Nevada, Page 39 (CHAPTER 25, AB 190)κ
currently authorized Washoe Project from water available in excess of existing beneficial uses recognized by Nevada [Law,] law, or under other new projects upon a determination by the commission that there is water available on the Carson River and its tributaries in excess of that required to satisfy existing beneficial uses in Nevada as determined by Nevada [Law] law as of the time of authorization or construction of such new projects. Such additional yields shall be allocated between the states with equal priority, 20 percent of which shall be allocated to California and 80 percent to Nevada.
Each state shall have the right to participate in any development project by bearing a proportionate cost of such development. In the event that joint developments are found to be not feasible or desirable, each state may develop separately its proportionate share of the remaining water.
[F.] E. Except as provided by Article X of this compact, the waters of the Carson River shall not be used in areas outside the Carson River Basin.
ARTICLE [VIII-] VIII. Walker River Basin
A. Allocation [To] to Present Rights and Uses
1. Except as the rights of the Walker River Irrigation District may be limited by subsections 2 and 3 below, the provisions of the [Decree] decree in the case of United States v. Walker River Irrigation District, et al., United States District Court for the District of Nevada Equity No. C-125, filed April 15, 1936, as amended by the Order of the Honorable A. F. St. Sure, dated April 24, 1940, hereafter called Decree C-125 are hereby recognized and confirmed.
2. The rights of the Walker River Irrigation District to store water of the West Walker River in Topaz Reservoir with a storage capacity of 59,000 acre-feet, under [part] Part VIII of Decree C-125 and under any other basis of right, and to use such water, are hereby recognized and confirmed, subject to the following:
(a) The maximum quantity of water which can be diverted annually to storage is 85,000 acre-feet. No more than 85,000 acre-feet of water less reservoir evaporation can be rediverted for use within the district annually. The 85,000 acre-feet amount so allowed to be diverted to storage and rediverted to use include water used under direct diversion rights in Decree C-125 acquired by said district prior to 1964. For the purpose of this provision annually means the period from November 1 through October 31 of the following year.
(b) The maximum rate of diversion to such reservoir under such rights is 1,000 c.f.s.
(c) For the purpose of determining the availability of water to satisfy rights junior to the Topaz Reservoir storage rights of the Walker River Irrigation District, or for division between the states as unused water, water which has been stored, or is available for storage in and can be physically diverted to such reservoir under such reservoir rights but is released or is allowed to pass through the reservoir and is not rediverted to use in Nevada, shall be deemed to have been held in storage; provided, that until a new major storage project is constructed on the West Walker River, the foregoing shall not apply to the extent that said district with the concurrence of the watermaster determines, prior to the release or passing through of such water from Topaz Reservoir in any year, that it is necessary to release or pass through such water in order to provide storage space in Topaz Reservoir as a means of protecting lands in Nevada against flood damage later in the year.
κ1971 Statutes of Nevada, Page 40 (CHAPTER 25, AB 190)κ
that until a new major storage project is constructed on the West Walker River, the foregoing shall not apply to the extent that said district with the concurrence of the watermaster determines, prior to the release or passing through of such water from Topaz Reservoir in any year, that it is necessary to release or pass through such water in order to provide storage space in Topaz Reservoir as a means of protecting lands in Nevada against flood damage later in the year.
3. The rights of the Walker River Irrigation District to store water of the East Walker River in Bridgeport Reservoir with a storage capacity of 42,000 acre-feet, under [part] Part VIII of Decree C-125 and under any other basis of right, and to use such water, are hereby recognized and confirmed, subject to the following:
(a) The maximum quantity of water which can be diverted to storage in any year is 57,000 acre-feet. No more than 57,000 acre-feet of water less reservoir evaporation can be rediverted for use within the district in any year. The 57,000 acre-feet amounts so allowed to be diverted to storage and rediverted to use include water used under direct diversion rights in said decree acquired by said district prior to 1964 except for water used under such rights prior to 1964 on lands owned by said district in Bridgeport Valley. For the purpose of this provision year means the period from November 1 of one calendar year to October 31 of the following calendar year.
(b) Water of the East Walker River and [it] its tributaries may, adversely to the Bridgeport Reservoir storage rights hereinabove recognized and confirmed, be stored upstream from said reservoir in any year, for later use after the spring flood of the year in which the water was so stored, under rights junior to said reservoir rights; provided, that when the Walker River system is put on priority under Decree C-125 after the annual spring flood, or upon demand made prior to the spring flood for water necessary to satisfy early season demand, the watermaster shall make an accounting and water shall be released from said upstream storage in such amounts as determined by the watermaster to be necessary to satisfy said reservoir rights to the same extent as they would have been satisfied in the absence of said adverse upstream storage.
4. (a) There is allocated to each state respectively the amount of existing diversions and uses of water of the Walker River Basin diverted upstream from Weber Reservoir and not specifically covered in Decree C-125, provided, that this allocation shall not include water distributed under the historical administration of Decree C-125 in excess of the rights set forth in Decree C-125 to lands having rights thereunder. In making this allocation, it is recognized that the amounts of water allocated and the respective priorities are not presently known with certainty. The commission shall as soon as practicable after its effectuation provide for an investigation, either with its own staff or by other agencies or persons, to ascertain with certainty the amounts of water and priorities of such uses. As between the respective states, the priorities shall be determined as follows: In cases of use not under state-recognized rights, the priorities shall be the date of initiation of use; in cases of use under state-recognized rights, the priorities shall be as provided under the law of the state where the diversion is made. Upon approval by the commission, the results of the investigation shall be binding as to the allocation to each state hereunder.
κ1971 Statutes of Nevada, Page 41 (CHAPTER 25, AB 190)κ
results of the investigation shall be binding as to the allocation to each state hereunder.
(b) In addition to rights recognized in [Subsection] subsection A.1 of this [Article] article there is allocated to Nevada for use on the Walker River Indian Reservation a maximum of 13,000 acre-feet per year for storage in Weber Reservoir and later rediversion to use and in addition 9,450 acre-feet per year to be diverted from natural flow. Both allocations shall have a priority of 1933. The season for diversion of water to storage shall be from November 1 to October 31 of the following year. The season for diversion of water directly for use shall be from March 1 to October 31 and at a maximum rate of 60 cubic feet per second. For the purpose of determining the availability of water to satisfy rights junior to this allocation or for division between the states as unused water, water which has been stored, or which can be physically stored or diverted to use under this allocation but is released or is allowed to pass through Weber Reservoir and is not rediverted to use on the Walker River Indian Reservation, shall be deemed to have been held in storage or used; provided, that the foregoing shall not apply to the extent that the appropriate representative of said reservation with the concurrence of the watermaster determines prior to the release or passing through of such water from Weber Reservoir in any year, that it is necessary to release or pass through such water in order to provide storage space in Weber Reservoir as a means of protecting lands in Nevada against flood damage later in the year; provided, further, that the foregoing shall not apply to passage of water of inferior quality to the extent that such passage may be necessary to maintain the water of suitable quality for irrigation on said reservation as determined by the commission.
Water of the Walker River and its tributaries may, adversely to the Weber Reservoir storage rights hereinabove recognized and confirmed, be stored upstream from said reservoir in any year, for later use after the spring flood of the year in which the water was so stored, under rights junior to said reservoir rights; provided, that when the Walker River system is put on priority under Decree C-125 after the annual spring flood, or upon demand made prior to the spring flood for water necessary to satisfy early season demand, the watermaster shall make an accounting and water shall be released from said upstream storage in such amounts as determined by the watermaster to be necessary to satisfy said reservoir rights to the same extent as they would have been satisfied in the absence of said adverse upstream storage.
5. In addition to rights recognized in [Subsections] subsections A.1 and A.4 (a) above, there is allocated to California water of the West Walker River as follows:
(a) When all direct diversion rights under Decree C-125 are being satisfied and simultaneously water of the West Walker River is being diverted to storage pursuant to the Topaz Reservoir storage rights recognized and confirmed in [Subsection] subsection 2 of this Section A, but there is not flow in excess of that required to fully satisfy Topaz Reservoir storage rights, diversions in Antelope Valley in excess of the amounts to which Antelope Valley lands are entitled under Decree C-125 shall be permitted by the watermaster for such periods and in such amounts as, in the sound professional judgment of the watermaster, will not cause, on an overall irrigation season basis, any discernible net reduction in the amount of water available to satisfy said Topaz Reservoir storage rights.
κ1971 Statutes of Nevada, Page 42 (CHAPTER 25, AB 190)κ
in the sound professional judgment of the watermaster, will not cause, on an overall irrigation season basis, any discernible net reduction in the amount of water available to satisfy said Topaz Reservoir storage rights.
(b) Such excess diversions may be used only on Antelope Valley lands entitled to water under Decree C-125 which can be served from the ditch systems existing as of the effective date of this compact.
(c) The allocation in this [Subsection] subsection 5 shall terminate after construction of a new major storage project on the West Walker River upstream from Antelope Valley.
B. Allocation of Unused Water
1. The term unused water includes all waters of the Walker River and its tributaries in excess of the amounts allocated, or required for satisfaction of rights and uses recognized and confirmed, as provided under Section A of this Article VIII, except that there shall be excluded therefrom natural flow which is not physically available above the head of Mason Valley. There is allocated to the State of California 35 percent of such unused water, and there is allocated to the State of Nevada 65 percent of such unused water. The allocation to each state provided herein in this [Subsection] subsection B.1 shall be equal in priority.
(a) The reregulation by storage of waters allocated for storage shall not be considered as the development of unused water.
2. Neither state shall be precluded from constructing works for the control, use and development of the water allocated pursuant to [Subsection] subsection B.1 of this [Article] article for optimum use of water.
3. While separate development may be undertaken by either state for surface storage of unused water of the West Walker River so allocated, the State Engineer of the State of Nevada and the Department of Water Resources of the State of California shall cooperate in a joint review of all potential developments of unused water of the West Walker River so allocated in [Subsection] subsection B.1 of this Article VIII and shall prepare and present a report of the benefits to be obtained, and other relevant data from each such development to the commission or if the commission has not yet become operative, to the joint commission which negotiated this compact, at a public hearing or hearings held at times and places within the Walker River Basin set by the commission or said joint commission. [Said report shall be submitted not later than July 1, 1969.]
(a) Should a separate surface storage project or projects be constructed in Nevada to develop Nevadas share of the unused water of the West Walker River, California may thereafter store and use said unused water allocated to Nevada adverse to such Nevada storage projects, provided that, without charge to Nevada, California makes available for consumptive use in Nevada, water in the same amounts, at the same times, and in the same places as would have been available for use in Nevada from such Nevada storage projects had California not so stored and used said unused water allocated to Nevada; and provided further that Nevada shall not be deprived of water required for: (1) maintenance of a minimum reservoir level for the preservation of fish life and (2) nonconsumptive uses which are found by the commission to be in the public interest of the Walker River Basin as a whole.
κ1971 Statutes of Nevada, Page 43 (CHAPTER 25, AB 190)κ
(b) From time to time after construction of each surface storage project upstream from Topaz Reservoir, for development of the unused water allocated herein, the commission shall determine the amounts of water which may be diverted and used in each state pursuant to its allocation as the result of the construction and operation of such project. In making such determination the commission shall compute any increase of yield of previously constructed reservoirs which may result from operation of such project constructed to develop unused water and shall include such increase in the amounts of water which may be diverted and used in each of the two states pursuant to its allocation of unused water.
4. Return flow to the Walker River or its tributaries from any source shall be deemed to be natural flow.
5. Unused water shall be used only:
(a) Within the Walker River Basin;
(b) Within the portion of Artesia Lake Basin south of the northern township line of Tier 12 North and west of a line one mile east of the eastern [Range Line] range line or Range 23 East, Mount Diablo Base Line and Meridian;
(c) Within the portion of Mason Valley and Adrian Valley south of the northern township line of Tier 15 North, Mount Diablo Base Line;
(d) Within the area tributary to Topaz Lake; or
(e) Any combination of the above areas.
C. Watermaster
1. A single watermaster shall have the responsibility and power to administer: (a) all rights and uses of water of the Walker River Basin recognized in Section A of this Article VIII, including rights under Decree C-125, (b) the allocation between the states provided for in this compact of water of the Walker River Basin in excess of that necessary to satisfy such rights and uses, and (c) all rights acquired to use water so allocated.
2. The watermaster shall be nominated by the commission as soon as practicable after this compact goes into effect, but his appointment shall not become effective until approved and confirmed by the Federal District Court for the District of Nevada, it being the intent of this compact that only a person satisfactory to both the commission and said court be the watermaster under this compact and under Decree C-125. At any time either the commission or said court may terminate the appointment of the person serving as watermaster by adopting an appropriate resolution or order, and notifying the other and the watermaster thereof. When a vacancy occurs by such action or by the death or resignation of the person serving as watermaster, a successor shall be selected by the same procedure as provided for the original appointment.
3. Until appointment of the watermaster becomes effective by approval and confirmation of said court, either as to the original selection of the watermaster or subsequent selections to fill a vacancy, a person designated by the commission shall have interim responsibility and power to administer the allocation between the states referred to in [Subsection] subsection 1(b) above and all rights and uses other than the rights under Decree C-125, and the rights and uses under Decree C-125 shall be administered on an interim basis as may be provided by said court.
κ1971 Statutes of Nevada, Page 44 (CHAPTER 25, AB 190)κ
4. Actions and decisions of the watermaster as to the administration of the rights under Decree C-125 shall be subject to review and modification by said court. Actions and decisions of the watermaster as to the administration of the allocation between the states referred to in [Subsection] subsection 1(b) above and of all rights and uses other than rights under Decree C-125 shall be subject to review and modification by the commission.
5. Said court is requested to appoint a six-member advisory board composed of one person each representing: (1) the East Walker River Basin in California, (2) the West Walker River Basin in California, (3) the East Walker River Basin in Nevada, (4) the West Walker River Basin in Nevada, (5) the Main Walker River Basin in Nevada, and (6) the Walker River Indian Reservation. The watermaster shall prepare an annual budget of proposed expenditures for personnel, equipment, supplies, and other purposes deemed by him to be necessary to carry out his functions. In the formulation of said budget the watermaster shall consult with said advisory board. In the event that said advisory board is not in agreement with the budget proposed by the watermaster, it shall so advise said court. Said budget shall require approval of both the commission and said court to become effective.
6. The expenditures attributable to administration of the rights under Decree C-125 shall be apportioned and collected in accordance with orders of said court. The expenditures attributable to administration of all other rights and uses of the water of the Walker River Basin under this compact shall be equitably apportioned among, and collected from, the users thereof by the watermaster under rules and regulations of the commission, and the commission shall have the power to enforce collection thereof by any reasonable means, including court action in any state or federal court of appropriate jurisdiction. The expenditures attributable to administering the allocation between the states referred to in [Subsection] subsection 1(b) above shall be borne by the commission as part of the expense under Article IV, [Subsection] subsection B.1 of this compact.
ARTICLE [IX-] IX. Ground Water and Springs
A. Development and Use of Ground Water
1. Both states shall have the right to develop and use ground water within their respective boundaries; provided that development and use of ground water in one state shall not reduce the amount of water which the other state would have received under the allocation herein if ground water were not developed and used.
2. In the development and use of ground water pursuant to this article, wells or other methods of collecting underground water shall be constructed in a manner which will assure that water will not be drawn directly from allocated surface water. In the absence of proof to the contrary made to the commission, wells drilled within 500 feet from any perennial streams which are not sealed from the surface to a depth of at least 50 feet shall be deemed prima facie to draw directly from allocated surface water.
B. Each state shall have the right to use water from springs; provided that the use of water from springs in one state shall not reduce the amount of water which the other state would have received under the allocations herein if water from springs were not used.
κ1971 Statutes of Nevada, Page 45 (CHAPTER 25, AB 190)κ
that the use of water from springs in one state shall not reduce the amount of water which the other state would have received under the allocations herein if water from springs were not used.
C. Effect on Allocations
1. The commission shall have authority to take such action as it deems appropriate, so that the allocations of water made by this compact to either state shall not be adversely affected by ground water withdrawals or use of water from springs in the other state.
2. If either state claims that the development and use of ground water or water from springs in the other state reduces the amount of water which said state would have received under its allocation if such ground water or water from springs were not developed and used, it may file a protest with the commission in accordance with the rules of the commission. The commission is empowered to receive evidence on any protest and make its ruling thereon.
ARTICLE [X-] X. Interbasin Transfers of Use
Either state may use directly, by exchange, or otherwise its allocated waters of the Truckee River in the Lake Tahoe Basin or the Carson River Basin, or its allocated waters of the Carson River in the Lake Tahoe Basin or the Truckee River Basin. The commission shall have authority to take such action as it deems appropriate so that the allocations of water made by this compact to either state shall not be adversely affected by such use in the other state.
Nothing herein shall preclude the use of Lake Tahoe as a physical facility to accomplish the use of Truckee River waters in the Carson River watershed or Carson River waters in the Truckee River watershed, but in no event shall the use of Lake Tahoe as such a physical facility be inconsistent with any provision of Article V of the compact.
ARTICLE [XI-] XI. Suppression of Evaporation
A. Either state is entitled, but not obligated to participate in any project for the conservation of water through the suppression of evaporation. The yield of any such project shall be allocated to each state by the commission in such proportion as shall be determined by the commission, taking into consideration such factors as the commission deems pertinent. Such allocation of yield to each state shall be in addition to the waters allocated to each state by other provisions of this compact.
B. Subject to the power of the commission to allocate the increased yield resulting from suppression of evaporation as set forth above, no existing property right shall be adversely affected except by agreement with the owner, or as may be otherwise permitted by state law. Nothing herein shall diminish or supersede any law of either state regarding water quality, including but not limited to conditions affecting fish and wildlife.
ARTICLE [XII-] XII. Coordination of Reservoirs
A. The commission shall have the authority to prepare plans for the coordination of reservoirs and the method of implementation of any such plans prepared, and to approve the same and to review and revise such approved plans from time to time as the commission may deem appropriate.
κ1971 Statutes of Nevada, Page 46 (CHAPTER 25, AB 190)κ
such plans prepared, and to approve the same and to review and revise such approved plans from time to time as the commission may deem appropriate. Prior to the preparation of any such plan and implementation or review or revision thereof, the owners of all reservoirs to be affected thereby shall be given the opportunity of participating in such preparation, review, or revision.
B. Prior to the approval thereof, the commission shall provide for public hearings concerning such a plan, review, or revision upon such notice as the commission deems appropriate.
C. Any owner of a reservoir shall have the right to refuse to participate in any such plan, or method of implementation, or review or revision thereof, and in such event such reservoir shall be excluded therefrom, and any plan or implementation or review or revision concerning other reservoirs as may be approved shall not adversely affect the use of the reservoir or the right to the use of water therefrom, which has been excluded.
D. Owners of reservoirs may develop plans for coordination thereof, but shall give written notice to the commission at least 60 days prior to their implementation.
ARTICLE [XIII-] XIII. Fish, Wildlife, and Recreation
The use of waters for preservation, protection, and enhancement of fish, wildlife, and recreation is hereby recognized as an inseparable part of the public interest in the use of the waters of Lake Tahoe, Truckee, Carson and Walker River Basins in both states, and is, therefore, beneficial.
ARTICLE [XIV-] XIV. Nonconsumptive Use
Each state may use water for nonconsumptive purposes, including but not limited to flood control, recreation, fishery and wildlife maintenance and enhancement, and hydroelectric power generation, provided that such uses result in no discernible reduction in the water allocated to the other state.
ARTICLE [XV-] XV. Diversion and Exchange of Yield From Future Reservoirs
Upon the construction of a surface storage project or projects to store unused water herein allocated, users who become entitled to the yield therefrom may, at any point where water is physically available, divert water to use subject to approval of the commission and conditioned upon providing water in exchange for such diverted water as directed by the commission, so that other users, including owners of reservoir storage or owners of interest in waters stored, receive their entitlement of water in time, place, and quality the same as if the diversion and exchange had not been made.
κ1971 Statutes of Nevada, Page 47 (CHAPTER 25, AB 190)κ
ARTICLE [XVI-] XVI. Change of Point of Diversion, Manner, Purpose, or Place of Use
Any change of point of diversion or of manner, purpose or place of use of the waters of the Carson, Truckee or Walker River Basins may be made in either state pursuant to state law or applicable court decree, provided that such change shall not adversely affect the allocation of water to the other state. Either state, if permitted by state law, may permit a change to other use of water formerly consumed by natural subirrigation on meadows. It shall be the duty of each state to initiate proceedings before the commission if it believes that such change in the other state would adversely affect its allocation. In the event of the initiation of such a proceeding a commission hearing shall be held and the person desiring the change shall have the burden of establishing that such change would not adversely affect the allocation to the complaining state. In the event the person desiring the change does not establish that such change would adversely affect the allocation to the complaining state, the commission shall enter such order as it deems appropriate to assure that the allocation to the complaining state is not adversely affected.
ARTICLE [XVII-] XVII. Imported Water
The provisions of this compact respecting allocation of water are applicable solely to the waters of the Truckee, Carson, and Walker River Basins and the Lake Tahoe Basin. To the extent that either state imports into the Truckee, Carson or Walker River Basins or the Lake Tahoe Basin water from another river or source the state making the importation shall have the exclusive use of such imported water unless by written agreement between the states it is otherwise provided. Nothing herein shall preclude either state from using such imported water as replacement or exchange water to meet such conditions as may be imposed by the commission pursuant to the provisions of this compact.
ARTICLE [XVIII-] XVIII. Compact Effect
A. Each state and all persons using, claiming, or in any manner asserting any right to the use of the waters of Lake Tahoe, Truckee River, Carson River, and Walker River Basins, shall be subject to the terms of this compact.
B. The provisions of this compact shall be self-executing and shall by operation of law be conditions of the various state permits, licenses, or other authorizations relating to the waters of Lake Tahoe, Truckee River, Carson River and Walker River Basins.
C. Nothing in this compact shall abridge, limit or derogate against any claim or right of anyone to the use of water in either state within the allocations to such state that would or may be made or established under state or federal law had this compact not been adopted; provided, that the place of use, under any such right, of water from any of the four basins covered by this compact shall be limited to such basin or such other areas outside such basin as are permissible places of use of water from such basin under this compact.
κ1971 Statutes of Nevada, Page 48 (CHAPTER 25, AB 190)κ
other areas outside such basin as are permissible places of use of water from such basin under this compact.
D. Nothing in this compact shall be construed as granting to any person or entity the right to divert, store, or use water.
ARTICLE [XIX-] XIX. Violations
A. Violations or threatened violations of any of the provisions of this compact which come to the attention of the commission shall be promptly investigated by it. If after such investigation the commission determines further action is necessary it may take such action as it deems advisable including, but not limited to, the commencement of an action injunctive or otherwise in its own name in any court of general jurisdiction of the state where the violation has occurred or is threatened, or the United States District Court for the district where said violation has occurred or is threatened, or if it is determined by the commission appropriate to do so, refer the matter with its recommendations, if any, to an appropriate federal, state, or local official or agency or board for action.
B. In any action concerned with any matter in which the commission has made a decision, the findings of the commission shall constitute prima facie evidence of the facts found.
ARTICLE [XX-] XX. Recourse to Courts
Nothing in this compact shall be construed to limit or prevent either state or any person or entity from instituting or maintaining any action or proceeding, legal or equitable, in any court of competent jurisdiction for the protection of any right under this compact or the enforcement of its provisions, provided that in all matters in which the commission is given jurisdiction by this compact to make a decision no such court action shall be commenced until the matter has been submitted to the commission for decision and decided by it, unless a decision by the commission has been unreasonably delayed.
ARTICLE [XXI-Non-Impairment] XXI. Nonimpairment of Rights of United States
Except as provided in Article XXII nothing in this compact shall be construed as:
A. Affecting the obligations of the United States to the Indians and Indian tribes, or any right owned or held by or for Indians or Indian tribes which is subject to the jurisdiction of the United States.
B. Affecting any rights or powers of the United States of America, its agencies or instrumentalities in or to the waters of the Truckee, Carson, or Walker River Basins or the Lake Tahoe Basin, or its capacity to acquire rights in and to the use of said waters.
C. Subjecting any property of the United States, its agencies or instrumentalities to taxation by either state or subdivision thereof.
D. Subjecting any property of the United States of America, its agencies or instrumentalities to the laws of any state to an extent other than the extent to which such laws would apply without regard to this compact.
κ1971 Statutes of Nevada, Page 49 (CHAPTER 25, AB 190)κ
than the extent to which such laws would apply without regard to this compact.
ARTICLE [XXII-] XXII. Ratification and Consent
This compact shall become effective when, but only if,
(1) It shall have been ratified by [Acts] acts of the Legislature of each of the States of California and Nevada;
(2) It shall have been consented to by [Act] act of Congress of the United States; and
(3) Congress provides in its consent legislation or by separate legislation that the following provisions of the compact shall be binding on the agencies, wards, and instrumentalities of the United States of America:
Article V, Section D
Article V, Section F
Article VI, Subsection B.1
Article VI, Subsection B.3
Article VI, Subsection B.4
Article VI, Section D
Article VII, Section A
Article VII, Section B
Article VII, Section C
Article VII, Section D
Article VII, Section E
[Article VII, Section F]
Article VIII, Subsection A.4(b)
Article VIII, Subsection B.1
Article VIII, Subsection B.5
ARTICLE [XXIII-] XXIII. Termination
This compact may be terminated any time by legislative consent of both states, but notwithstanding such termination all rights then established hereunder or recognized hereby shall continue to be recognized as valid.
[IN WITNESS WHEREOF the Commissioners] In witness whereof the commissioners have executed six counterparts hereof, each of which shall be and does constitute an original and one shall be deposited with the Administrator of General Services of the United States of America, and two of which shall be forwarded to the Governor of each signatory state, and one of which shall be made a part of the permanent records of the California-Nevada Compact Commission.
Sec. 2. The Governor shall give notice of the enactment of this act by the Nevada legislature to the governor of the State of California and to the President of the United States.
Sec. 3. This act shall become effective upon passage and approval.
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κ1971 Statutes of Nevada, Page 50κ
Assembly Bill No. 152Committee on Government Affairs
CHAPTER 26
AN ACT relating to appointive state boards and commissions; prohibiting the appointment of a person who has changed his party registration within the preceding 2 years to a board or commission requiring party membership as a qualification.
[Approved March 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section which shall read as follows:
When the law creating any appointive state board or commission requires that political party affiliation be balanced among the members, no person may be appointed to any such board or commission who has changed his party registration within the immediately preceding 2-year period.
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Assembly Bill No. 101Mr. Capurro
CHAPTER 27
AN ACT relating to the practice of barbering; placing hair weaving and certain work on hairpieces and wigs within the definition of the practice and excluding certain other work.
[Approved March 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 643.010 is hereby amended to read as follows:
643.010 As used in this chapter:
1. Barber school includes school of barbering, college of barbering, barber college, and any other place or institution of instruction training persons to engage in the practice of barbering.
2. Barbershop embraces any establishment or place of business wherein the practice of barbering is engaged in or carried on.
3. Board means the state barbers health and sanitation board.
4. Instructor means any barber holding a valid certificate of registered barber and meeting the qualifications required by the board.
5. Practice of barbering is defined to be any of, or any combination of, or all of the following practices for cosmetic purposes:
(a) Shaving or trimming the beard, or cutting or trimming the hair [.] , or hair weaving.
(b) Giving facial or scalp massages or treatments with oils, creams, lotions or other preparations, either by hand or mechanical appliances.
(c) Singeing, shampooing or dyeing the hair, or applying hair tonics.
(d) Applying cosmetic preparations, antiseptics, powders, oils or lotions to the scalp, face or neck.
(e) Arranging, fitting, cutting, styling, cleaning, coloring or dyeing a hairpiece or wig, whether made of human hair or synthetic material.
κ1971 Statutes of Nevada, Page 51 (CHAPTER 27, AB 101)κ
hairpiece or wig, whether made of human hair or synthetic material. This shall not restrict any establishment from setting or styling a hairpiece or wig in preparation for retail sale.
6. Practitioner of barbering means every person engaged in any of the practices designated in subsection 5.
7. Student means a person receiving instruction in a barber school.
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Senate Bill No. 230Committee on Commerce
CHAPTER 28
AN ACT changing the qualifications of the commissioner of insurance.
[Approved March 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 680.040 is hereby amended to read as follows:
680.040 1. The commissioner shall [have at least 5 years of responsible experience as an executive officer of an insurance company or as an administrative officer of a state insurance department, or at least 5 years of continuous active participation, immediately preceding his appointment, as a licensed agent in this state in at least one of the classes of insurance mentioned in NRS 681.010.] have had at least 2 years responsible experience in the field of insurance, including but not limited to one or more of the following endeavors: Administration, sales, law, counseling, and education.
2. He shall not be a stockholder in or directly or indirectly connected with the management or affairs of any insurance company or insurance brokerage or agency.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 202Senator Pozzi
CHAPTER 29
AN ACT relating to vehicle license plates; changing the letter and number designation in certain instances; and providing other matters properly relating thereto.
[Approved March 9, 1971]
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.
κ1971 Statutes of Nevada, Page 52 (CHAPTER 29, SB 202)κ
alternated one upon the background and the other upon the letters and numbers in alternate issues of license plates. The director may, in his discretion, substitute white in place of silver when no suitable material is available.
2. The director may determine and vary the size, shape and form and the material of which license plates shall be made, but each license plate shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight. Effective upon the issue of all license plates after January 1, 1967, all license plates shall be so treated as to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, shall be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.
3. Every license plate shall have displayed upon it the registration number assigned to the vehicle and to the owner thereof, and the name of the state, which may be abbreviated, and:
(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 at the left of the number plate, as follows:
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, 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 letters H, I, O, P, Q and U shall not be used as the second letter in Clark and Washoe counties.
κ1971 Statutes of Nevada, Page 53 (CHAPTER 29, SB 202)κ
5. The director shall first exhaust the code letters containing the fewest letters before assigning any additional letter.
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. NRS 482.273 is hereby amended to read as follows:
482.273 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, DA0001 to DZ9999, inclusive [;] , except DS0001 to DS9999, inclusive;
Elko, EA0001 to EZ9999, inclusive [;] , except EL0001 to EL9999, inclusive;
Esmeralda, FA0001 to FZ9999, inclusive;
Eureka, GA0001 to GZ9999, inclusive;
Humboldt, HA0001 to HZ9999, inclusive [;] , except HU0001 to HU9999, inclusive;
Lander, JA0001 to JZ9999, inclusive;
Lincoln, KA0001 to KZ9999, inclusive;
Lyon, [LA0001] LB0001 to LZ9999, inclusive;
Mineral, MA0001 to MZ9999, inclusive [;] , except MN0001 to MN9999, inclusive;
Nye, NA0001 to NZ9999, inclusive [;] , except NY0001 to NY9999, inclusive;
Pershing, PA0001 to PZ9999, inclusive [;] , except PE0001 to PE9999, 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,] July 1, 1971, bearing a different designation than that provided for in this section, shall be valid during the period for which such plates were issued.
Sec. 3. NRS 482.274 is hereby amended to read as follows:
482.274 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.
κ1971 Statutes of Nevada, Page 54 (CHAPTER 29, SB 202)κ
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 [;] , and 00001B to 99999B, inclusive;
Douglas, D00001 to D99999, inclusive;
Elko, E00001 to E99999, inclusive;
Esmeralda, F00001 to F99999, inclusive;
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,] X00001 to X99999, inclusive; and
White Pine, Z00001 to Z99999, inclusive.
3. Any license plates issued for a trailer prior to [January 1, 1970,] July 1, 1971, bearing a different designation than that provided for in this section, shall be valid during the period for which such plates were issued.
________
Senate Bill No. 131Committee on Transportation
CHAPTER 30
AN ACT to repeal NRS 408.740, designating Route 67 of the state highway system.
[Approved March 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.740 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 55κ
Senate Bill No. 59Committee on Federal, State and Local Governments
CHAPTER 31
AN ACT incorporating the City of Caliente, in Lincoln County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto.
[Approved March 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The charter of the City of Caliente is as follows. Each section of the charter shall be deemed to be a section of this act for the purpose of any subsequent amendment.
ARTICLE I
Incorporation of City; General Powers; Boundaries; Annexations; City Offices
Section 1.010 Preamble: Legislative intent.
1. In order to provide for the orderly government of the City of Caliente and the general welfare of its citizens the legislature hereby establishes this charter for the government of the City of Caliente. It is expressly declared as the intent of the legislature that all provisions of this charter be liberally construed to carry out the express purposes of the charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out the purposes of the charter.
2. Any powers expressly granted by this charter are in addition to any powers granted to a city by the general law of this state. All provisions of Nevada Revised Statutes which are applicable generally to cities (not including, unless otherwise expressly mentioned in this charter, chapter 265, 266 or 267 of NRS) which are not in conflict with the provisions of this charter apply to the City of Caliente.
Sec. 1.020 Incorporation of city.
1. All persons who are inhabitants of that portion of the State of Nevada embraced within the limits set forth in section 1.030 shall constitute a political and corporate body by the name of City of Caliente and by that name they and their successors shall be known in law, have perpetual succession and may sue and be sued in all courts.
2. Whenever used throughout this charter, city means the City of Caliente.
Sec. 1.030 Description of territory. The territory embraced in the city is that certain land situate in the State of Nevada, described as follows:
S1/2 of the SW1/4 of Section 5;
NW1/4 and the NE1/4 of Section 8;
N1/2 of the SW1/4, SE1/4 of the SW1/4, NW1/4 of the SE1/4 of Section 8;
S1/2 of the NE1/4 of Section 7;
κ1971 Statutes of Nevada, Page 56 (CHAPTER 31, SB 59)κ
SE1/4 of Section 7;
SE1/4 of the NW1/4, NE1/4 of the SW1/4, SE1/4 of the SW1/4 of Section 7,
All in T. 4 S., R. 67 E., M.D.B. & M.
Sec. 1.040 Annexations. The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to counties having a population of less than 200,000.
Sec. 1.050 Elective offices.
1. The elective officers of the city consist of:
(a) A mayor.
(b) Three councilmen.
2. Such officers shall be elected as provided by this charter.
Sec. 1.060 Elective offices: Vacancies.
1. A vacancy in the city council or in the office of mayor shall be filled by a majority vote of the members of the city council, or the remaining members, in the case of a vacancy in the city council, within 30 days after the occurrence of such vacancy. The appointee shall have the same qualifications as are required of the elective official.
2. The appointee shall serve the balance of the term of office to which he is appointed and until his successor is duly elected and qualified.
Sec. 1.070 Mayor and councilmen not to hold other office.
1. The mayor and councilmen shall not:
(a) Hold any other elective office or employment with Lincoln County or the city, except as provided by law or as a member of a board or commission for which no compensation is received.
(b) Be elected or appointed to any office created by or the compensation for which was increased or fixed by the city council beyond the term for which such person was elected.
2. Any person holding any office proscribed by subsection 1 shall automatically forfeit his office as mayor or councilman.
Sec. 1.080 Appointive offices.
1. The city council may appoint the following officers:
(a) City clerk.
(b) City marshal.
(c) Police judge.
(d) City treasurer.
(e) City attorney.
(f) City physician.
(g) City manager.
2. The city council may establish such other offices as it deems necessary, prescribe the responsibilities and salaries thereof and fill such offices by appointment.
Sec. 1.090 Appointive officers: Duties; salary.
1. All appointive officers of the city shall perform such duties, under the direction of the city manager, as the city council may designate.
2. All appointive officers of the city shall receive such salary as may be designated by the city council.
Sec. 1.100 Officials performance bonds. The city council may require from all officers and employees of the city constituted or appointed under this charter, except councilmen, sufficient security for the faithful and honest performance of their respective duties.
κ1971 Statutes of Nevada, Page 57 (CHAPTER 31, SB 59)κ
require from all officers and employees of the city constituted or appointed under this charter, except councilmen, sufficient security for the faithful and honest performance of their respective duties.
Sec. 1.110 Oath of office. Every person elected or appointed to fill any office shall subscribe to the official oath as provided by the city council. Every such person shall swear or affirm that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government.
ARTICLE II
Legislative Department
Sec. 2.010 City council: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a city council consisting of four councilmen, including the mayor.
2. The mayor and each councilman shall be:
(a) Bona fide residents of the city for at least 2 years immediately prior to their election.
(b) Registered voters within the city and taxpayers on real property located within the city.
3. All councilmen, including the mayor, shall be voted upon by the registered voters of the city at large and shall serve for terms of 4 years.
4. The mayor and councilmen shall receive a salary in an amount fixed by the city council. Such salary shall not be increased or diminished during the term of the recipient.
Sec. 2.020 City council: Contracts. Members of the city council:
1. May vote on any lease, contract or other agreement which extends beyond their terms of office.
2. May not have any interest, directly or indirectly, in any lease, contract or other agreement entered into with the city.
Sec. 2.030 City council: Discipline of members, other persons; subpena power.
1. The city council may:
(a) Provide for the punishment of any member for disorderly conduct committed in its presence.
(b) Order the attendance of witnesses and the production of all papers relating to any business before the city council.
2. If any person ordered to appear before the city council fails to obey such order:
(a) The city council or any member thereof may apply to the clerk of the district court for a subpena commanding the attendance of the person before the city council.
(b) Such clerk may issue the subpena, and any peace officer may serve it.
(c) If the person upon whom the subpena is served fails to obey it, the court may issue an order to show cause why such person should not be held in contempt of court and upon hearing of the matter may adjudge such person guilty of contempt and punish him accordingly.
κ1971 Statutes of Nevada, Page 58 (CHAPTER 31, SB 59)κ
Sec. 2.040 Meetings: Quorum.
1. The city council shall hold at least two regular meetings each month, and by ordinance may provide for additional regular meetings.
2. A majority of all members of the city council constitutes a quorum to do business, but a lesser number may meet and recess from time to time, and compel the attendance of the absent members.
3. Except as otherwise provided by law, all sessions and all proceedings of the city council shall be public.
Sec. 2.050 Meetings: Special.
1. Special meetings may be held on call of the mayor or by a majority of the city council, by giving a minimum of 6 hours notice of such special meeting to each member of the city council prior to the meeting.
2. At a special meeting:
(a) No contract involving the expenditure of money may be made or claim allowed unless notice of the meeting called to consider such action is published in a newspaper of general circulation within the city at least 1 day before such meeting.
(b) No business may be transacted except such as has been stated in the call of the meeting.
(c) No ordinance may be passed except an emergency ordinance, or one specified in section 7.040.
Sec. 2.060 Meetings: Time and place; rules. The city council may:
1. Fix the time and place of its meetings and judge the qualifications and election of its own members.
2. Adopt rules for the government of its members and proceedings.
Sec. 2.070 Oaths and affirmations. The mayor, each councilman and the city clerk may administer oaths and affirmations relating to any business pertaining to the city before the city council or to be considered by the city council.
Sec. 2.080 Powers of city council: Ordinances, resolutions and orders.
1. The city council may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this charter, necessary for the municipal government and the management of the affairs of the city, and for the execution of all the powers vested in the city.
2. When power is conferred upon the city council to do and perform anything, and the manner of exercising such power is not specifically provided for, the city council may provide by ordinance the manner and details necessary for the full exercise of such power.
3. The city council may enforce ordinances by providing penalties not to exceed those established by the legislature for misdemeanors.
4. The city council shall have such powers, not in conflict with the express or implied provisions of this charter, as are conferred upon the governing bodies of cities organized under the provision of a special charter.
5. The city council shall not pass any ordinance increasing or diminishing the salary of an elective officer during the term for which he is elected or appointed.
κ1971 Statutes of Nevada, Page 59 (CHAPTER 31, SB 59)κ
Sec. 2.090 Ordinances: Passage by bill; amendments; subject matter; title requirements.
1. No ordinance may be passed except by bill and by a majority vote of the city council. The style of all ordinances shall be as follows: The City Council of the City of Caliente does ordain:.
2. No ordinance shall contain more than one subject, which shall be briefly indicated in the title. Where the subject of the ordinance is not so expressed in the title, the ordinance is void as to the matter not expressed in the title.
3. Any ordinance which amends an existing ordinance shall set out in full the ordinance or sections thereof to be amended, and shall indicate matter to be omitted by enclosing it in brackets and shall indicate new matter by underscoring or by italics.
Sec. 2.100 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed shall be read to the city council by title and referred to a committee for consideration, after which an adequate number of copies of the proposed ordinance shall be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of such filing shall be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least 1 week prior to the adoption of the ordinance. The city council shall adopt or reject the ordinance or an amendment thereto, within 30 days from the date of such publication.
2. At the next regular meeting or adjourned meeting of the city council following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the city council. Thereafter, it shall be read as first introduced, or as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.040, by unanimous consent of the city council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published.
4. All ordinances shall be signed by the mayor, attested by the city clerk, and shall be published by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least one publication, before the ordinance shall become effective. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher.
Sec. 2.110 Codification of ordinances; publication of code.
1. The city council may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe. When such code is published, two copies shall be filed with the librarian at the Nevada state library, and thereafter the code shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.
κ1971 Statutes of Nevada, Page 60 (CHAPTER 31, SB 59)κ
Nevada state library, and thereafter the code shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance and shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be, An ordinance for codifying and compiling the general ordinances of the City of Caliente.
4. The codification may be amended or extended by ordinance.
Sec. 2.120 Powers of city council: Public property, buildings.
1. The city council may:
(a) Control the property of the corporation.
(b) Erect and maintain all buildings necessary for the use of the city.
(c) Purchase, receive, hold, sell, lease, convey and dispose of property, wherever situated, for the benefit of the city, improve and protect such property, and do all other things in relation thereto which natural persons might do.
2. The city council may not, except as otherwise specifically provided by this charter or any other law, mortgage, hypothecate or pledge any property of the city for any purpose.
Sec. 2.130 Powers of city council: Eminent domain. The city council may condemn property for the public use in the manner prescribed by chapter 37 of NRS, as amended from time to time.
Sec. 2.140 Powers of city council: Licensing, regulation and prohibition of businesses, trades and professions.
1. The city council may:
(a) Regulate all businesses, trades and professions.
(b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.
2. The city council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
Sec. 2.150 Powers of city council: Police ordinances. The city council may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada.
Sec. 2.160 Powers of city council: Fire protection; regulation of explosives, inflammable materials; fire codes and regulations. The city council may:
1. Organize, regulate and maintain a fire department.
2. Provide for the appointment of a fire chief and prescribe his duties.
3. Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the city, and prescribe the distance from any residential or commercial area where it may be kept.
4. Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.
Sec. 2.170 Powers of city council: Public health; board of health; regulations. The city council may:
κ1971 Statutes of Nevada, Page 61 (CHAPTER 31, SB 59)κ
1. Provide for safeguarding public health in the city.
2. Create a board of health and prescribe the powers and duties of such board.
3. Provide for the enforcement of all regulations and quarantines established by the board of health by imposing adequate penalties for violations thereof.
Sec. 2.180 Powers of city council: Buildings; construction and maintenance regulations; building and safety codes. The city council may:
1. Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.
2. Adopt any building or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary.
Sec. 2.190 Powers of city council: Zoning and planning.
1. The city council may:
(a) Divide the city into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within such districts.
(b) Establish and adopt ordinances and regulations relating to the subdivision of land.
2. The city council shall carry out the provisions of subsection 1 in the manner prescribed by chapter 278 of NRS, as amended from time to time.
Sec. 2.200 Powers of city council: Rights-of-way, parks, public buildings and grounds and other public places. The city council may:
1. Lay out, maintain, alter, improve or vacate all public rights-of-way in the city.
2. Regulate the use of public parks, buildings, grounds and rights-of-way and prevent the unlawful use thereof.
3. Require landowners to keep the adjacent streets, sidewalks and public parks, buildings and grounds free from encroachments or obstructions.
4. Regulate and prevent in all public places:
(a) The distribution and exhibition of handbills or signs.
(b) Any practice tending to annoy persons passing in such public places.
(c) Public demonstrations and processions.
5. Prevent riots or any act tending to promote riots in any public place.
Sec. 2.210 Powers of city council: Traffic control. The city council may, by ordinance, regulate:
1. All vehicular, pedestrian and other traffic within the city and provide generally for the public safety on public streets and rights-of-way.
2. The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.
Sec. 2.220 Powers of city council: Parking meters; off-street public parking facilities.
1. The city council may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters shall be fixed by the city council.
κ1971 Statutes of Nevada, Page 62 (CHAPTER 31, SB 59)κ
2. Except as otherwise provided by this charter, the city council may acquire property within the city by any lawful means except eminent domain for the purpose of establishing off-street public parking facilities for vehicles. The city council may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, as amended from time to time, and a majority of the ballots cast of each color therein, is in favor of the issuance of such bonds, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper. The city council may, in such bonds, pledge the on-street parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.
Sec. 2.230 Powers of city council: Railroads. The city council may:
1. License, regulate or prohibit the location, construction or laying of tracks of any railroad or streetcar in any public right-of-way.
2. Grant franchises to any person or corporation to operate a railroad or streetcar upon public rights-of-way and adjacent property.
Sec. 2.240 Powers of city council: Nuisances. The city council may:
1. Determine by ordinance what shall be deemed nuisances.
2. Provide for the abatement, prevention and removal of such nuisances at the expense of the person creating, causing or committing such nuisances.
3. Provide that such expense of removal shall be a lien upon the property upon which the nuisance is located. Such lien shall:
(a) Be perfected by filing with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.
(b) Be coequal with the latest lien thereon to secure the payment of general taxes.
(c) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
4. Provide any other penalty or punishment of persons responsible for such nuisances.
Sec. 2.250 Powers of city council: Animals and poultry. The city council may:
1. Fix, impose and collect an annual license fee on all animals and provide for the capture and disposal of all animals on which the license fee is not paid.
2. Regulate or prohibit the running at large and disposal of all kinds of animals and poultry.
3. Establish a pound, appoint a poundkeeper and prescribe his duties.
4. Prohibit cruelty to animals.
Sec. 2.260 Powers of city council: Abatement of noxious insects, rats and disease-bearing organisms. The city council may take all steps necessary and proper for the extermination of noxious insects, rats and other disease-bearing organisms, either in the city or in territory outside the city but so situated that such insects, rats and disease-bearing organisms migrate or are carried into the city.
κ1971 Statutes of Nevada, Page 63 (CHAPTER 31, SB 59)κ
Sec. 2.270 Powers of city council: Provision of utilities. The city council may:
1. Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.
2. Provide for the construction of any facility necessary for the provision of such utilities.
3. Fix the rate to be paid for any utility provided by public enterprise. Any charges due for services, facilities or commodities furnished by any utility owned by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Lincoln County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien 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.
Sec. 2.280 Powers of city council: Cemeteries; acquisition and maintenance. The city council may, by any lawful means, acquire and maintain property for public use as a cemetery.
Sec. 2.290 Powers of city council: Television franchises.
1. The city council may contract with, authorize or grant a franchise to, any person, company or association to construct, maintain and operate a television installation system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture.
2. Any franchise granted shall require a time within which actual construction shall be commenced, time within which distribution of television shall be completed, and posting of a bond in an amount to be set by the city council to assure compliance therewith.
ARTICLE III
Executive Department
Sec. 3.010 Mayor: Duties when city council has appointed a city manager; mayor pro tempore.
1. When the city council has appointed a city manager, the mayor shall:
(a) Serve as a member of the city council and preside over its meetings.
(b) Have no administrative duties.
(c) Be recognized as the head of the city government for all ceremonial purposes.
(d) Perform such emergency duties as may be necessary for the general health, welfare and safety of the city.
(e) Perform such other duties, except administrative duties, as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized under the provisions of a special charter.
κ1971 Statutes of Nevada, Page 64 (CHAPTER 31, SB 59)κ
which apply to a mayor of a city organized under the provisions of a special charter.
2. During the absence or disability of the mayor the city council shall elect one of its members to act as mayor pro tem.
Sec. 3.015 Mayor: Duties when city council has not appointed a city manager; mayor pro tempore.
1. When the city council has not appointed a city manager, the mayor shall:
(a) Serve as a member of the city council and preside over its meetings.
(b) Serve as the chief executive officer of the city.
(c) Perform such emergency duties as may be necessary for the general health, welfare and safety of the city.
(d) Perform such other duties as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized under the provisions of a special charter.
2. During the absence or disability of the mayor the city council shall elect one of its members to act as mayor pro tem.
Sec. 3.020 City manager: Appointment; duties.
1. The city manager shall perform such administrative and executive duties as the city council may designate. His salary shall be fixed by the city council.
2. The city manager may appoint such clerical and administrative assistants as he may deem necessary, subject to the approval of the city council.
Sec. 3.030 City clerk: Duties. The city clerk shall:
1. Keep the corporate seal and all books and papers belonging to the city.
2. Attend all meetings of the city council and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the city council, the city clerk shall attest the journal after it has been signed by the mayor.
3. Sign all warrants issued.
4. Number and countersign all licenses issued by the city. All licenses shall be in a form devised by the city clerk and approved by the city council.
5. Enter upon the journal the result of the vote of the city council upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.
6. Perform such other duties as may be required by the city council.
Sec. 3.040 City clerks performance bond. The city clerk shall be liable and accountable on his official bond for the performance of his duties under the provisions of this charter, and the city council may require from him such additional security as may be necessary from time to time.
Sec. 3.050 City attorney: Qualifications; duties.
1. The city attorney shall be a duly licensed member of the State Bar of Nevada but he need not be a resident of the city or of Lincoln County.
κ1971 Statutes of Nevada, Page 65 (CHAPTER 31, SB 59)κ
2. The city attorney shall be the legal officer of the city and shall perform such duties as may be designated by ordinance.
3. The city council may, in its discretion, appoint special counsel to assist the city attorney or, if there is a vacancy in the office of city attorney, the city council may appoint special counsel to perform all or any part of the duties of the city attorney.
4. The compensation of the city attorney and of any special counsel shall be fixed by the city council.
Sec. 3.060 County assessor to be ex officio city assessor; duties.
1. The county assessor of Lincoln County shall be ex officio city assessor of the city. The county assessor shall perform such duties for the city without additional compensation.
2. Upon request of the ex officio city assessor, the city council may appoint and set the salary of a deputy city assessor to perform such duties relative to city assessments as may be deemed necessary.
Sec. 3.070 City marshal: Salary.
1. The city marshal of the city is the ex officio police chief, license collector and poundmaster.
2. The city marshal may, subject to approval of the city council, appoint and supervise such police officers as may be deemed necessary.
3. The salaries of the police officers shall be fixed by the city council.
Sec. 3.080 City officers: Absence from office. If any appointive officer removes his office from the city, or absents himself therefrom for more than 30 days without leave of the city council, his office shall be declared vacant by the city council, and the vacancy filled by appointment as provided in this charter.
Sec. 3.090 City officers: Collection and disposition of moneys.
1. All taxes, fines, forfeitures or other moneys collected or recovered by any officer or person pursuant to the provisions of this charter or of any valid ordinance of the city shall be paid by the officer or person collecting or receiving them to the city clerk, who shall dispose of them in accordance with the ordinances, regulations and procedures established by the city council.
2. The city council may by proper legal action collect all moneys which are due and unpaid to the city or any office thereof, and the city council may pay from the general fund all fees and expenses necessarily incurred by it in connection with the collection of such moneys.
Sec. 3.100 Removal of officers. If any officer is adjudged guilty of nonfeasance, misfeasance or malfeasance in office by any court of competent jurisdiction, the city council may declare the respective office vacant and fill the vacancy so caused, as provided by law.
ARTICLE IV
Judicial Department
Sec. 4.010 Municipal court. There shall be a municipal court of the city to which the provisions of chapters 5 and 266 of NRS, relating to municipal courts, as amended from time to time, shall apply.
κ1971 Statutes of Nevada, Page 66 (CHAPTER 31, SB 59)κ
Sec. 4.020 Municipal judge.
1. The municipal judge shall preside over the municipal court.
2. The salary of the municipal judge shall be fixed by the city council.
Sec. 4.030 Additional imprisonment to satisfy fine or forfeiture. Whenever a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, he shall be confined in the city or county jail, whichever is designated in his sentence of imprisonment, for an additional period of 1 day for each $4 of the amount until such fine or forfeiture is satisfied. He shall not be imprisoned beyond the maximum sentence for the offense for which he is confined.
Sec. 4.040 Credit against fine for prisoners labor. The court may, in its discretion, order that a convicted defendant shall work on the streets or public works of the city at the rate of $4 per day for each day of the sentence. If the prisoner performs such labor, $4 per day shall be applied against his fine until it is exhausted or otherwise satisfied.
ARTICLE V
Elections
Sec. 5.010 Municipal elections.
1. On the 1st Tuesday after the 1st Monday in June 1973, and at each successive interval of 4 years, there shall be elected by the qualified voters of the city, at a general election to be held for that purpose, a mayor and one councilman, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
2. On the 1st Tuesday after the 1st Monday in June 1971, and at each successive interval of 4 years thereafter, there shall be elected by the qualified voters of the city at a general election to be held for that purpose two councilmen, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
Sec. 5.020 Applicability of state election laws; elections under city council control.
1. All elections held under this charter shall be governed by the provisions of the election laws of this state, so far as such laws can be made applicable and are not inconsistent with the provisions of this charter.
2. The conduct of all municipal elections shall be under the control of the city council. For the conduct of municipal elections, for the prevention of fraud in such elections, and for the recount of ballots in cases of doubt or fraud, the city council shall adopt by ordinance all regulations which it considers desirable and consistent with law and this charter.
Sec. 5.030 City council to call election. The city council shall order municipal elections, and shall determine the place within the city where they shall be held.
Sec. 5.040 Qualifications, registration of voters.
1. Every person who resides within the city at the time of holding any municipal election, and whose name appears upon the official register of voters in and for the city, is entitled to vote at each municipal election and for all officers to be voted for and on all questions that may be submitted to the people at any such election, except as otherwise provided in this article.
κ1971 Statutes of Nevada, Page 67 (CHAPTER 31, SB 59)κ
2. Nothing in this charter shall be so construed as to deny or abridge the power of the city council to provide for supplemental registration.
Sec. 5.050 Names on ballots. The full names of all candidates, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol. The use of nicknames in conjunction with the candidates legal names is allowed and the nicknames may be printed on the official ballots. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion, their residence addresses shall be printed with their names on the ballot.
Sec. 5.060 Ballots for ordinances and charter amendments. An ordinance for charter amendment to be voted on in the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: Shall the above described (ordinance) (amendment) be adopted? The ballot or voting machine or device shall be so marked as to indicate clearly in what manner the voter may cast his vote, either for or against the ordinance or amendment.
Sec. 5.070 Availability of lists of registered voters. If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall either permit the organization, group or person to copy the voters names and addresses from the official register of voters or furnish such a list.
Sec. 5.080 Watchers and challengers. A candidate is entitled upon written application to the election authorities at least 5 days before the election to appoint two persons to represent him as watchers and challengers at each polling place where voters may cast their ballots for him. A person so appointed has all the rights and privileges prescribed by watchers and challengers under the election laws of this state. The watchers and challengers may exercise their rights throughout the voting and until the ballots have been counted.
Sec. 5.090 Voting machines. The city council may provide for the use of mechanical or other devices for voting or counting the votes not inconsistent with law or regulations of the secretary of state.
Sec. 5.100 Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from any municipal election shall be filed with the city clerk, who shall immediately place such returns in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with such returns until canvassed by the city council.
2. The city council shall meet within 5 days after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the city clerk for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the city council.
3. The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in July next following their election.
κ1971 Statutes of Nevada, Page 68 (CHAPTER 31, SB 59)κ
elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in July next following their election.
4. If any election should result in a tie, the city council shall summon the candidates who received the tie vote and determine the tie by lot. The clerk shall then issue to the winner a certificate of election.
Sec. 5.110 Contest of election. A contested election for any municipal office shall be determined according to the law of the state regulating proceedings in contested elections in political subdivisions.
ARTICLE VI
Local Improvements
Sec. 6.010 Local improvement law. The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain:
1. Curb and gutter projects;
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
11. Water projects; and
12. Underground utility and communication lines.
Sec. 6.020 Local improvement law: Collateral powers. The city council on behalf of the city for the purpose of defraying all the costs of acquiring or improving any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by chapter 271 of NRS, as amended from time to time.
ARTICLE VII
Local Bonds and Franchises
Sec. 7.010 Debt limit.
1. The city shall not incur an indebtedness in excess of 20 percent of the total assessed valuation of the taxable property within the boundaries of the city.
2. In determining any debt limitation under this section, there shall not be counted as indebtedness:
(a) Any revenue bonds, unless the full faith and credit of the city is also pledged to their payment.
(b) Any special assessment bonds, although a deficiency in the proceeds of the assessments is required to be paid from the general fund to the city.
κ1971 Statutes of Nevada, Page 69 (CHAPTER 31, SB 59)κ
(c) Any short-term securities issued in anticipation of and payable from property taxes levied for the current fiscal year.
Sec. 7.020 Acquisition, operation of municipal utilities. The city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.
Sec. 7.030 Water, sewer and electric light and power revenue bonds.
1. The city council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties needed in connection with:
(a) The obtaining of a water supply.
(b) The conservation, treatment and disposal of sewage waste and storm water.
(c) The generation and transmittal of electricity for light and power for public and private uses.
2. In issuing bonds pursuant to subsection 1, the city council shall follow procedures established in the Local Government Securities Law, as amended from time to time.
Sec. 7.040 Borrowing money.
1. Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued.
2. The city council shall submit any proposal to borrow money, except an emergency loan as defined and authorized by chapter 354 of NRS, as amended from time to time, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time.
3. Any property tax levied to pay the principal of or interest on such indebtedness shall be levied upon all taxable property within the city.
4. Any ordinance pertaining to the sale or issuance of bonds or other securities may be adopted in the same manner as is provided for cases of emergency. A declaration by the city council in any ordinance that it is of this kind shall be conclusive in the absence of fraud or gross abuse of discretion.
Sec. 7.050 Franchises.
1. Before granting any franchise the city council shall first adopt a resolution setting forth fully and in detail the applicant for, purpose and character of, terms and time and conditions of the proposed franchise. Such resolution shall be published in full in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least two publications in the 2 weeks succeeding its adoption.
2. On the first regular meeting of the council after the expiration of the period of such publication, the council shall proceed to pass an ordinance for the granting of the franchise; but such franchise shall be granted only on substantially the same terms and conditions as expressed in the resolution as published.
κ1971 Statutes of Nevada, Page 70 (CHAPTER 31, SB 59)κ
ordinance for the granting of the franchise; but such franchise shall be granted only on substantially the same terms and conditions as expressed in the resolution as published. Otherwise such ordinance shall be void.
ARTICLE VIII
Revenue
Sec. 8.010 Municipal taxes.
1. The city council shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding 2 percent upon the assessed value of all real and personal property within the city. The taxes so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed in the laws of the State of Nevada for collection of state and county taxes. The revenue laws of the state shall, in every respect not inconsistent with the provisions of this charter, be applicable to the levying, assessing and collecting of the municipal taxes.
2. In the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization as are the state and county.
3. All forms and blanks used in levying, assessing and collecting the revenues of the state and counties shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The city council shall enact all such ordinances as it may deem necessary and not inconsistent with this charter and the laws of the state for the prompt, convenient and economical collecting of the revenue.
Sec. 8.020 Revenue ordinances. The city council shall have full power to pass and enact all ordinances necessary to carry into effect the revenue laws in the city and to enlarge, fix and determine the powers and duties of all officers in relation thereto.
ARTICLE IX
Miscellaneous Provisions
Sec. 9.010 Severability of provisions. If any portion of this charter is held to be unconstitutional or invalid for any reason by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this charter. The legislature hereby declares that it would have passed the charter and each portion thereof, irrespective of the portion which may be deemed unconstitutional or otherwise invalid.
Sec. 9.020 Effect of enactment of charter.
1. All rights and property of every kind and description which were vested in the city prior to the enactment of this charter shall be vested in the same municipal corporation on the effective date of this charter. No right or liability, either in favor of or against such corporation existing at the time of becoming incorporated under this charter, and no action or prosecution shall be affected by such change, but it shall stand and progress as if no change had been made.
κ1971 Statutes of Nevada, Page 71 (CHAPTER 31, SB 59)κ
the time of becoming incorporated under this charter, and no action or prosecution shall be affected by such change, but it shall stand and progress as if no change had been made.
2. Whenever a different remedy is given by this charter, which may properly be made applicable to any right existing at the time of such city so becoming incorporated under this charter, such remedy shall be cumulative to the remedy before provided, and used accordingly.
3. All ordinances and resolutions in effect in the city prior to the effective date of this charter shall, unless in conflict with the provisions of this charter, continue in full force and effect until amended or repealed.
4. The enactment of this charter shall not effect any change in the legal identity of the city.
5. The enactment of this charter shall not be construed to repeal or in any way affect or modify:
(a) Any special, local or temporary law.
(b) Any law or ordinance making an appropriation.
(c) Any ordinance affecting any bond issue or by which any bond issue may have been authorized.
(d) The running of the statute of limitations in force at the time this charter becomes effective.
(e) Any bond of any public officer.
Sec. 2. Chapter 289, Statutes of Nevada 1957, at page 399, entitled An Act incorporating the City of Caliente, in Lincoln County, Nevada, and defining the boundaries thereof; authorizing the establishment of a city government therefor if a majority of the electors thereof approve this act; establishing the procedure for such approval or rejection; and other matters properly relating thereto, approved March 28, 1957, and all acts amendatory thereof are hereby repealed.
Sec. 3. Article V of section 1 of this act shall become effective upon passage and approval. All other provisions of this act shall become effective on July 1, 1971.
________
Assembly Bill No. 256Messrs. Swallow and Prince
CHAPTER 32
AN ACT providing for the filling of a vacancy on a board of trustees of a school district; and providing other matters properly relating thereto.
[Approved March 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 386.270 is hereby amended to read as follows:
386.270 1. Any vacancy occurring in a board of trustees shall be filled [for the unexpired term by an appointment by the superintendent of public instruction.] by appointment by the remaining members of such board at a public meeting held after notice of such meeting is published at least once each week for 2 weeks in a newspaper qualified pursuant to the provisions of chapter 238 of NRS. The appointee shall serve until the next general election, at which time his successor shall be elected for the balance of the unexpired term.
κ1971 Statutes of Nevada, Page 72 (CHAPTER 32, AB 256)κ
next general election, at which time his successor shall be elected for the balance of the unexpired term.
2. Any person appointed to fill a vacancy shall have the qualifications provided in NRS 386.240.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 337Mr. Dreyer
CHAPTER 33
AN ACT providing for the states withdrawal from the Vehicle Equipment Safety Compact; and providing other matters properly relating thereto.
[Approved March 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. The State of Nevada hereby withdraws from the Vehicle Equipment Safety Compact, established by NRS 484.645, effective upon the expiration of the period provided in Article IX (b) of the compact.
2. The governor is hereby requested to send written notice of this determination to withdraw to the executive head of every state which is a party to the compact.
3. No liability founded upon the compact which has already been incurred by or become chargeable to a party state prior to the expiration of the period referred to in subsection 1 shall be affected by the withdrawal.
Sec. 2. NRS 484.645, 484.647, 484.649, 484.651, 484.653, 484.655, 484.657, 484.659 and 484.661 are hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 143Messrs. Roy Young, Frank Young, Wilson, Mrs. White, Messrs. Torvinen, Swallow, Ronzone, Poggione, McKissick, Lowman, Lingenfelter, Lauri, Kean, Jacobsen, Howard, Homer, Hafen, Getto, Fry, Mrs. Frazzini, Messrs. Smith and Capurro
CHAPTER 34
AN ACT providing for an oil portrait of Paul Laxalt, former governor of the State of Nevada; creating a fund and making an appropriation; and providing other matters properly relating thereto.
[Approved March 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby created in the state treasury a fund to be known as the Paul Laxalt portrait fund.
Sec. 2. There is hereby appropriated to the Paul Laxalt portrait fund from the general fund in the state treasury the sum of $5,000.
κ1971 Statutes of Nevada, Page 73 (CHAPTER 34, AB 143)κ
Sec. 3. The legislative commission is authorized to enter into a contract with an artist for the purpose of procuring a portrait of Paul Laxalt, former governor of the State of Nevada.
Sec. 4. The portrait shall be painted in oil colors and appropriately framed. The painting and framing shall be done in the same manner, style and size as other portraits of former governors of the State of Nevada now being displayed in the Capitol corridor.
Sec. 5. The contract price shall not exceed $5,000, and shall include the cost of the portrait and the frame.
Sec. 6. The portrait and frame shall be subject to the approval of former Governor Paul Laxalt.
Sec. 7. Upon delivery of the approved, framed portrait to the secretary of state and its acceptance by the legislative commission, the state controller shall draw his warrant in an amount equal to the contract price, and the state treasurer shall pay such warrant from the Paul Laxalt portrait fund. Any balance remaining in the Paul Laxalt portrait fund shall immediately revert to the general fund in the state treasury.
Sec. 8. This act shall become effective upon passage and approval.
________
Senate Bill No. 133Committee on Transportation
CHAPTER 35
AN ACT to repeal NRS 408.987, relating to relocation payments in connection with federal aid highway projects.
[Approved March 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.987 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 308Messrs. Dini and Getto
CHAPTER 36
AN ACT permitting a public school pupil to be governed by the discipline code of a school district in which he attends school, even though he resides in another school district; and providing other matters properly relating thereto.
[Approved March 10, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 392.460 is hereby amended to read as follows:
392.460 1. Members of every board of trustees of a school district, superintendents of schools, principals and teachers have concurrent power with peace officers for the protection of children in school and on the way to and from school, and for the enforcement of order and discipline among such children [.]
κ1971 Statutes of Nevada, Page 74 (CHAPTER 36, AB 308)κ
with peace officers for the protection of children in school and on the way to and from school, and for the enforcement of order and discipline among such children [.] , including children who attend school within one school district but reside in an adjoining school district or adjoining state, pursuant to the provisions of this chapter.
2. Subsection 1 shall not be construed so as to make it the duty of superintendents of schools, principals and teachers to supervise the conduct of children while not on the school property.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 273Miss Hawkins
CHAPTER 37
AN ACT establishing length of terms of members of the Nevada state council on the arts; removing the restriction on their reappointment; and providing other matters properly relating thereto.
[Approved March 10, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 233C.040 is hereby amended to read as follows:
233C.040 1. The governor shall appoint members from among citizens of Nevada who are known for their knowledge of and experience in the performing and fine arts.
2. [Each member shall be appointed for a term of 4 years and any member who serves a full 4-year term shall not be eligible for reappointment during the next-succeeding year after the expiration of his term.] Upon the expiration of the terms of those members serving on the council, on the effective date of this act, the governor shall appoint 11 members for 4-year terms and 10 members for 2-year terms. Thereafter, each member shall be appointed or reappointed for a term of 4 years.
3. If a vacancy occurs on the council, the governor shall fill the vacancy by the appointment of an eligible person to serve for the remainder of the unexpired term.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 75κ
Assembly Bill No. 40Messrs. Glaser and Roy Young
CHAPTER 38
AN ACT relating to the election of county commissioners; providing for separate elections; and providing other matters properly relating thereto.
[Approved March 10, 1971]
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 a new section which shall read as follows:
1. Whenever two or more members of a board of county commissioners are to be elected at the same election for the same term in any county in this state having less than 100,000 population, and the county has not been divided into commissioner districts in the manner provided by NRS 244.050, the county clerk shall designate the offices to be filled alphabetically or numerically. Such designation shall be made on or before the 1st Monday in June of the year in which such election is held.
2. For purposes of election the offices shall be considered separate offices and no declaration of candidacy or acceptance of candidacy shall be accepted unless such declaration or acceptance indicates the particular office for which the declaration or acceptance is filed.
________
Assembly Bill No. 2Messrs. Frank Young, Wilson, Lowman, Torvinen, Capurro, Mrs. Frazzini, Messrs. Fry, Lingenfelter, McKissick, Ronzone, White, Lauri and Kean
CHAPTER 39
AN ACT relating to public school teachers salaries; eliminating provisions prohibiting boards of trustees of school districts from adopting teachers salary schedules which specify differences in salary because of differences in levels of training or number of years of teaching experience without adhering to certain limitations in the total differences allowable and limiting increases for teachers reemployed in districts having adopted salary schedules prior to a certain date; and providing other matters properly relating thereto.
[Approved March 10, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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 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.
κ1971 Statutes of Nevada, Page 76 (CHAPTER 39, AB 2)κ
3. If any board of trustees of a school district has effected a salary schedule prior to April 24, 1969, 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.]
________
Assembly Bill No. 57Washoe-Storey Districts Delegation (by request)
CHAPTER 40
AN ACT relating to patented mining claims; requiring that any such claim held by a county for delinquent taxes for a prescribed period be sold for a minimum amount; and providing other matters properly relating thereto.
[Approved March 10, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 517.390 is hereby amended to read as follows:
517.390 1. Whenever a patented mining claim has become the property of a county through operation of the revenue laws of this state, any citizen of the United States may [present to and] file with the board of county commissioners of such county an affidavit and petition to explore and develop the claim [.] , provided the claim has been the property of the county for less than 1 year, at the time of such filing.
2. The affidavit and petition shall state:
(a) That the petitioner is a citizen of the United States.
(b) That there is belonging to the county, as shown by the official records thereof, a patented mining claim or claims, sufficiently identifying the same, which has or have become the property of the county through operation of the revenue laws of this state.
(c) The amount of the tax, [and] penalties and costs, if any, for which the claim or claims became the property of the county.
(d) That it is the petitioners bona fide intention to explore and develop the claim or claims.
Sec. 2. NRS 517.420 is hereby amended to read as follows:
517.420 1. At the expiration of 6 months, or sooner if the petitioner so desires, the county treasurer shall make and execute a deed conveying the title of the county to such claim or claims to the petitioner for the sum for which the property became the property of the county.
2. No deed shall be executed for any less number of claims than the number named in the 6 months prospecting permit referred to in NRS 517.410.
3. All moneys received from the sale of such patented mining claims shall be credited to the countys general fund.
Sec. 3. NRS 517.430 is hereby amended to read as follows:
517.430 1. No person or agent of any person shall be granted a new prospecting permit upon the same claims, or any of them, under the provisions of NRS 517.390 to [517.440, inclusive, until] 517.430, inclusive:
κ1971 Statutes of Nevada, Page 77 (CHAPTER 40, AB 57)κ
new prospecting permit upon the same claims, or any of them, under the provisions of NRS 517.390 to [517.440, inclusive, until] 517.430, inclusive:
(a) If such claims, or any of them, at the time of any subsequent application, have been the property of the county for a year or more.
(b) Until 30 days shall have elapsed between the date of the termination of the former prospecting permit and the date of application for a subsequent permit.
2. If at the time of the expiration of a prospecting period actual development work, by drilling or otherwise, is being carried on, then the board of county commissioners shall, upon application, grant an additional 6 months prospecting period to the same applicant or applicants.
Sec. 4. Chapter 517 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. 1. Whenever a patented mining claim has been, for a year or more, the property of a county through operation of the revenue laws of this state and no prospecting permit granted under the provisions of NRS 517.410 or 517.430 is in force with respect to such claim, any citizen of the United States may file with the board of county commissioners of such county an affidavit and petition to have such claim advertised for sale to the highest bidder.
2. The affidavit and petition shall state:
(a) That the petitioner is a citizen of the United States.
(b) That for the past year or more there has belonged to the county, as shown by the official records thereof, a patented mining claim or claims, sufficiently identifying the same, which has or have become the property of the county through operation of the revenue laws of this state.
(c) That no prospecting permit granted under the provisions of NRS 517.410 or 517.430 is in force with respect to such claim or claims.
(d) The amount of the tax, penalties and costs, if any, for which the claim or claims became the property of the county.
Sec. 6. 1. Upon receipt of an affidavit and petition as required by section 5 of this act, the board of county commissioners, by an order appearing in its minutes, shall direct the county treasurer to sell the patented mining claim or claims described in the affidavit and petition, after giving notice of the sale, for a total amount not less than the amount of the taxes, costs, penalties and interest legally chargeable against such claim or claims so stated in the order.
2. Notice of such sale shall be posted in at least three public places, including one at the courthouse and one on each claim, for a period of not less than 20 days prior to the day of sale or, in lieu of such posting, by publication of such notice for a like period of time in some newspaper published within the county, if the board of county commissioners by its order so directs.
3. Upon compliance with such order the county treasurer shall make, execute and deliver to any purchaser, upon payment to him of a consideration not less than that specified in the order, a deed conveying the title of the county to such claim or claims.
4. All moneys received from the sale of such patented mining claims shall be credited to the countys general fund.
κ1971 Statutes of Nevada, Page 78 (CHAPTER 40, AB 57)κ
Sec. 7. NRS 517.440 is hereby repealed.
Sec. 8. This act shall become effective upon passage and approval.
________
Assembly Bill No. 23Messrs. Lowman, Howard, Prince, Getto, Hafen, Wilson, Frank Young, Mrs. White, Messrs. Ronzone, Bryan and Valentine
CHAPTER 41
AN ACT relating to the Nevada highway patrol; permitting the appointment of 15 additional patrolman each fiscal year; and providing other matters properly relating thereto.
[Approved March 12, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 481.145 is hereby amended to read as follows:
481.145 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 subsection 10 of NRS 482.480, but no more than [five] 15 such additional patrolmen may be added in any 1 fiscal year.
2. The director 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.
Sec. 2. NRS 482.480 is hereby amended to read as follows:
482.480 There shall be paid to the department for the registration or transfer of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car, bus and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a registration fee of $5.50.
2. For every motorcycle, the sum of $3.50.
3. For every truck having an unladened weight of 3,500 pounds or less, as shown by a public weighmasters certificate, a registration fee of $9.
4. For every trailer having an unladened weight of 1,000 pounds or less, a flat registration fee of $2.50. For every trailer having an unladened weight of more than 1,000 pounds, but not more than 3,500 pounds, a flat registration fee of $5.50. For every trailer having an unladened weight of more than 3,500 pounds and less than 4,000 pounds, fees according to the following schedule:
3,501 to and including 3,549 pounds................................................................... $8
3,550 to and including 3,649 pounds................................................................... 10
3,650 to and including 3,749 pounds................................................................... 12
3,750 to and including 3,849 pounds................................................................... 14
3,850 to and including 3,949 pounds................................................................... 16
3,950 to and including 3,999 pounds................................................................... 18
κ1971 Statutes of Nevada, Page 79 (CHAPTER 41, AB 23)κ
5. For every motortruck having an unladened weight of more than 3,500 pounds and less than 5,050 pounds, fees according to the following schedule:
3,501 to and including 3,549 pounds................................................................... $10
3,550 to and including 3,649 pounds................................................................... 12
3,650 to and including 3,749 pounds................................................................... 14
3,750 to and including 3,849 pounds................................................................... 16
3,850 to and including 3,949 pounds................................................................... 18
3,950 to and including 3,999 pounds................................................................... 20
4,000 to and including 5,049 pounds................................................................... 25
6. For every trailer having an unladened weight of 4,000 pounds or more, except mobile homes, truck-tractor and semitrailer, and for every truck having an unladened weight of 5,050 pounds or more, 50 cents per 100 pounds, or major fraction thereof, of unladened weight as shown by a public weighmasters certificate. At the time of weighing, each vehicle shall have in place each and every accessory and appliance belonging to and used on such vehicle in the transportation of property. Whenever a camper is attached to a motortruck the camper shall be considered as a loan and the fees imposed by this section upon the motortruck shall be based on the unladened weight of the motortruck, exclusive of the camper.
7. For every mobile home, the registration fee shall be $5.50.
8. Except as provided in subsection 9, for each transfer of registration the fee shall be $2.
9. The fee for transfer of a registration to any motor vehicle enumerated in subsection 6 shall be $2 plus the excess, if any, of the fee which would have been payable for an original registration of such vehicle over the fee paid for registration of the vehicle from which the registration is transferred.
10. For each stock passenger car, bus, reconstructed or specially constructed passenger car, motorcycle, motortruck, truck and truck tractor there shall be an additional fee of $1, which shall be placed in a special fund [for the use and support, through augmentation of the personnel, of the Nevada highway patrol. Any balance remaining in such fund at the end of a fiscal year shall be deposited in the state highway fund in the state treasury.] to be used only for the purposes specified in NRS 481.145.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 80κ
Senate Bill No. 225Committee on Education
CHAPTER 42
AN ACT relating to contracts of unlicensed private educational institutions; removing an unnecessary reference to an effective date.
[Approved March 12, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 394.110 is hereby amended to read as follows:
394.110 Any contract entered into [after March 2, 1956,] by or on behalf of any person owning or operating any school subject to NRS 394.010 to 394.120, inclusive, which does not have a valid license issued hereunder in force at the time such contract is entered into shall be unenforcible in any suit or action brought thereon, except that any student of a school subject to NRS 394.010 to 394.120, inclusive, or any other person who is defrauded by a misrepresentation made by an officer, employee or agent of such school or by any advertising or circular issued by or on behalf of such school may recover judgment against such school or person for three times the amount of actual damages which may be assessed by the court or jury.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 47Washoe-Storey Districts Delegation
CHAPTER 43
AN ACT relating to real property transfer taxes; specifying information that shall be appended to certain deeds.
[Approved March 12, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 375.020 is hereby amended to read as follows:
375.020 1. A tax, at the rate of 55 cents for each $500 of value or fraction thereof, is hereby imposed on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, when the consideration or value of the interest or property conveyed, exclusive of the value of any lien or encumbrance remaining thereon at the time of sale, exceeds $100.
2. The amount of tax shall be computed on the basis of the value of the transferred real property as determined by the [affidavit] information supplied as required by NRS 375.050 or as declared by the escrow holder pursuant to NRS 375.060.
Sec. 2. NRS 375.050 is hereby amended to read as follows:
375.050 [1.] Each deed evidencing a transfer of title which does not go through escrow shall have [appended thereto an affidavit of the grantee, or his legal representative, declaring the value of the real property transferred.
κ1971 Statutes of Nevada, Page 81 (CHAPTER 43, AB 47)κ
transferred. If the transfer is not subject to the real property transfer tax, the affidavit shall specify the reasons for the exemption.
2. The Nevada tax commission shall prescribe the form of the affidavit and shall provide an adequate supply of such forms to each county recorder in the state.] appended thereon the information as follows in substantially the following form, using a rubber stamp or otherwise:
Documentary Transfer Tax $......................
o Computed on full value of property conveyed; or
o Computed on full value less liens and encumbrances remaining thereon at time of transfer.
Under penalty of perjury:
.......................................................................
Signature of declarant or agent
determining tax-firm name.
Sec. 3. NRS 375.110 is hereby amended to read as follows:
375.110 Any grantee who willfully falsifies the value of transferred real property [on the affidavit required by] declared pursuant to NRS 375.050 or any escrow holder who willfully falsely declares the value of transferred real property pursuant to NRS 375.060 is guilty of a misdemeanor and shall pay the costs of any additional stamps required on account of such falsification.
________
Assembly Bill No. 193Committee on Transportation
CHAPTER 44
AN ACT relating to drivers licenses; providing a method whereby a driver may have demerit points canceled; and providing other matters properly relating thereto.
[Approved March 12, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.470 is hereby amended to read as follows:
483.470 1. The department is hereby authorized to suspend the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
(a) Has committed an offense for which mandatory revocation of license is required upon conviction;
(b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;
(c) Is an habitually reckless or negligent driver of a motor vehicle;
(d) Is an habitual violator of the traffic laws;
(e) Is physically or mentally incompetent to drive a motor vehicle;
(f) Has permitted an unlawful or fraudulent use of such license; or
(g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation.
2. As used in this section, traffic violation means conviction on a charge involving a moving traffic violation in any municipal court, justices court or district court in the State of Nevada.
κ1971 Statutes of Nevada, Page 82 (CHAPTER 44, AB 193)κ
charge involving a moving traffic violation in any municipal court, justices court or district court in the State of Nevada.
3. The department shall establish a uniform system of demerit points for various traffic violations occurring within the State of Nevada affecting any holder of a drivers license issued by the department.
4. Such system shall be a running system of demerits covering a period of 12 months next preceding any date on which a licensee may be called before the department to show cause as to why his drivers license should not be suspended.
5. Such system shall be uniform in its operation and the department shall set up a system of demerits for each traffic violation coming under this section, depending upon the gravity of such violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. Details of the violation shall be submitted to the department by the court where the conviction is obtained. The department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.
6. When any driver has accumulated six or more demerit points, but less than 12, the department shall notify him of this fact. If the driver, after such notice, presents proof to the department that he has successfully completed a traffic safety school course, approved by the department, for the number of hours prescribed by the course, with the approval of the department as constituting a course of instruction, the department shall cancel the three most recently acquired demerit points from his driving record, pursuant to this subsection, during a 12-month period; but if such driver accumulates 12 demerit points before completing the traffic safety school, he will not be entitled to have demerit points canceled upon completion of such course, but shall have his license suspended.
7. Any three-demerit-point reduction shall apply only to the demerit record of the driver and shall not affect his driving record with the department or insurance record.
8. When any licensee has accumulated 12 demerit points the department shall suspend the license of such licensee until the total of his demerits has dropped below 12 demerits in the next preceding 12 months.
[7.] 9. The director of the department of motor vehicles is hereby empowered to set up a scale of demerit values for each traffic violation.
[8.] 10. Upon suspending the license of any person as authorized in subsection 1, the department shall immediately notify the licensee in writing, and upon his request shall afford him an opportunity for a hearing as early as practical within not to exceed 20 days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the administrator, or his duly authorized agent, may administer oaths and may issue subpenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee. Upon such hearing the department shall either rescind its order of suspension or, good cause appearing therefor, may extend the suspension of such license or revoke such license.
κ1971 Statutes of Nevada, Page 83 (CHAPTER 44, AB 193)κ
Sec. 2. NRS 484.387 is hereby amended to read as follows:
484.387 1. Except as provided in subsection 2, any person whose license or permit has been suspended, or if the issuance thereof has been delayed, pursuant to NRS 484.385 may request a hearing before the department of motor vehicles, and such hearing shall be afforded him in the same manner and under the same conditions as are provided in subsection [8] 10 of NRS 483.470.
2. The scope of such hearing shall be limited to the issues of whether a police officer had reasonable grounds to believe such person had been driving a vehicle upon a highway while under the influence of intoxicating liquor, had been placed under arrest, and had refused to submit to the test upon the request of the police officer. Whether such person was informed that his privilege to drive would be suspended if he refused to submit to the test shall not be an issue.
3. If the suspension or determination that there be a denial of issuance is sustained after such hearing, the person whose license or permit has been suspended, or to whom a license or permit has been denied, shall have the right to a review of the matter in district court in the same manner as provided by NRS 483.520.
________
Assembly Bill No. 211Mr. Getto
CHAPTER 45
AN ACT relating to the moving of certain wide vehicles on the highways; increasing the permissible width of such vehicles; requiring the department of highways to prescribe additional requirements for such movement; and providing other matters properly relating thereto.
[Approved March 12, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.759 is hereby amended to read as follows:
484.759 1. As used in this section special mobile equipment means a vehicle, not self-propelled, not designed or used primarily for the transportation of persons or property, and only incidentally operated or moved over a highway, excepting implements of husbandry.
2. The department of highways with respect to highways under its jurisdiction and governing bodies of cities and counties with respect to roads under their jurisdiction may, in their discretion, upon application in writing, authorize the applicant to operate or move a vehicle, combination of vehicles, special mobile equipment, or load thereon of a size or weight exceeding the legal maximum, or to use corrugations on the periphery of the movable tracks on a traction engine or tractor, the propulsive power of which is not exerted through wheels resting on the roadway but by means of a flexible band or chain, or, under emergency conditions, to operate or move a type of vehicle otherwise prohibited by law, upon any highway under the jurisdiction of such department or governing body granting such permit.
κ1971 Statutes of Nevada, Page 84 (CHAPTER 45, AB 211)κ
highway under the jurisdiction of such department or governing body granting such permit.
3. Except as otherwise provided in this section, the legal maximum width of any vehicle, combination of vehicles, special mobile equipment, or load thereon shall not exceed 96 inches.
4. If a vehicle is equipped with pneumatic tires, the maximum width from the outside of one wheel and tire to the outside of the opposite outer wheel and tire shall not exceed 102 inches, but in such event the outside width of the body of such vehicle or the load thereon shall not exceed 96 inches.
5. If a vehicle is carrying a load of loosely piled agricultural products such as hay, straw or leguminous plants in bulk but not crated, baled, boxed or sacked, such load of loosely piled material and any loading racks retaining such load shall not exceed 120 inches in width.
6. Lights or devices which are required to be mounted upon a vehicle under this chapter may extend beyond the permissible width of the vehicle to a distance not exceeding 10 inches on each side of the vehicle, except that the maximum width shall not exceed 120 inches.
7. Door handles, hinges, cable cinchers and chain binders may extend 3 inches on each side, except that the maximum width of body and door handles, hinges, cable cinchers or chain binders shall not exceed 102 inches.
8. No passenger vehicle shall be operated on any highway with any load carried thereon extending beyond the line of the hubcaps on its left side or more than 6 inches beyond the line of the hubcaps on its right side.
9. The provisions of this section with respect to maximum widths do not apply to implements of husbandry incidentally operated, transported, moved or towed over a highway. If an implement of husbandry is transported or moved over a highway which is part of the National System of Interstate and Defense Highways, as described in subsection (d) of section 103 of Title 23, U.S.C., as a load on another vehicle, if such load exceeds 96 inches in width, such vehicle and load shall not be operated for a distance of more than 25 miles from the point of origin of the trip and shall not be operated at a speed in excess of 30 miles per hour. If an implement of husbandry is transported or moved over any other highway as a load on another vehicle, if such load exceeds 120 inches in width, such vehicle and load shall not be operated for a distance of more than 25 miles from the point of origin of the trip and shall not be operated at a speed in excess of 30 miles per hour.
10. Subject to the provisions of subsection 2 of this section, the following vehicles shall not exceed a width of 120 inches:
(a) Any trailer or semitrailer, including lift carriers and tip-bed trailers, used exclusively for the transportation of implements of husbandry by farmers or implement dealers.
(b) Special mobile equipment.
(c) Highway construction or maintenance equipment.
This subsection does not apply to highways which are a part of the National System of Interstate and Defense Highways, as described in subsection (d) of section 103 of Title 23, U.S.C., if such application would prevent this state from receiving any federal funds for highway purposes.
κ1971 Statutes of Nevada, Page 85 (CHAPTER 45, AB 211)κ
11. The department of highways may, upon application in writing, if good cause appears, issue a special or annual permit in writing authorizing the applicant to move a trailer coach or mobile home in excess of the maximum width, but not exceeding, except as further provided in this section, 120 inches exclusive of appendages which shall not extend beyond 3 inches on either side. Such application for a special permit shall specifically describe the trailer coach or mobile home to be moved and the particular highway over which the unit is to be moved pursuant to the permit, and whether the permit is requested for a single trip or for continuous operation. The department of highways may establish seasonal or other time limitations within which the trailer coach or mobile home described may be moved on the highways indicated, and may require an undertaking or other security as may be deemed necessary to protect the highways and bridges from injury or to provide indemnity for any injury resulting from the operation. Permits for the movement of trailer coaches or mobile homes as provided for in this subsection may not be issued except to licensed manufacturers, dealers, owners and transporters and may be issued only under the following conditions:
(a) The power unit used to tow overwidth trailers or mobile homes having a gross weight of 18,000 pounds or less must be a tree-quarter-ton truck or tractor, or a truck or tractor of greater power equipped with dual wheels.
(b) The power unit used to tow an overwidth trailer coach or mobile home having a gross weight in excess of 18,000 pounds must be a one-and-one-half-ton, or larger, truck or tractor equipped with dual wheels.
(c) The mobile home for which the permit is issued must comply with the provisions of NRS 484.745, 484.747 and 484.749 relating to axle weight limitations.
(d) Evidence of insurance shall be furnished by the insurer verifying coverage of the overwidth trailer coach or mobile home in the amounts of $100,000 because of bodily injury to or death of one person in any one accident, and subject to such limit for one person, in the amount of $300,000 because of bodily injury to or death of two or more persons in any one accident and in the amount of $50,000 because of injury to or destruction of property of others in any one accident.
A permit which has been issued for the movement of a trailer coach or mobile home shall not be valid between sunset and sunrise of the following day, nor between sunset on Friday to sunrise on Monday following, nor on any days declared to be legal holidays. The department of highways shall have authority to establish additional reasonable permit regulations, as they may deem necessary in the interest of public safety, which regulations shall be consistent with this section. Every permit shall be carried in the trailer coach or mobile home or power unit to which it refers and shall be open to inspection of any peace officer or traffic officer, any authorized agent of such department or any other officer or employee charged with the care and protection of the highways.
It is a misdemeanor for any person to violate any of the terms or conditions of any such special permit or annual permit.
To the extent that the application of this subsection to highways which are a part of the National System of Interstate and Defense Highways, as described in subsection (d) of section 103 of Title 23, U.S.C., would cause this state to be deprived of any federal funds for highway purposes, this subsection to such extent shall not apply to highways which are a part of such system.
κ1971 Statutes of Nevada, Page 86 (CHAPTER 45, AB 211)κ
cause this state to be deprived of any federal funds for highway purposes, this subsection to such extent shall not apply to highways which are a part of such system.
12. The department of highways may, upon application in writing, if good cause appears, issue a special permit in writing authorizing the applicant to move a trailer coach or mobile home in excess of 120 inches in width but not exceeding [144] 168 inches in width, exclusive of appendages, which shall not extend beyond 3 inches on either side. The movement of such trailer coach or mobile home shall, in addition to the conditions and requirements of subsection 11, be subject to the following requirements and conditions:
(a) Wide-load signs and red flags shall be on the front of the towing vehicle and on the rear of the trailer coach or mobile home.
(b) The towing vehicle shall be a one-and-one-half-ton or larger truck or tractor equipped with dual wheels.
(c) No permit shall be issued unless the applicant presents evidence satisfactory to the department of highways that he is financially responsible and that he has complied or is able to comply with the equipment requirements.
(d) As an additional warning to approaching traffic, the towing vehicle shall operate with the headlights turned on low beam.
(e) The driver of the towing vehicle shall do everything possible to prevent the congestion or slowing down of traffic in either direction due to the overwidth trailer and shall, if necessary to maintain the normal flow of traffic, drive the towing vehicle and trailer coach or mobile home off the pavement where safe to do so, in order that traffic may pass.
(f) When two or more trailer coaches or mobile homes in excess of 120 inches in width are moved over the same highway in the same direction, the drivers of the towing vehicles shall maintain a distance of at least 1,000 feet between vehicles.
(g) The department of highways [may] shall designate the highways over which trailers in excess of 120 inches in width may be moved, and may require a pilot car to precede or follow the load.
(h) The department of highways shall prescribe additional rules and regulations relating to moving such trailer coaches or mobile homes, including but not limited to the times and days when such moving is permitted, and additional safety precautions to be taken.
________
κ1971 Statutes of Nevada, Page 87κ
CHAPTER 46
Senate Bill No. 149Committee on Finance
AN ACT making an appropriation from the general fund in the state treasury to the state general obligation bond commission fund for the purpose of paying expenses to be incurred in the sale of certain state bonds.
[Approved March 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the state general obligation bond commission fund the sum of $25,000 for the purpose of paying necessary expenses to be incurred in the sale of general obligation bonds of the State of Nevada for park purposes authorized to be issued pursuant to the provisions of chapter 613, Statutes of Nevada 1969, and other statutes.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 63Committee on Transportation
CHAPTER 47
AN ACT relating to the special fuel tax; making administrative changes relating to tax returns and refunds; permitting the assignee of a special fuel user to recover judgment in an action for a refund; and providing other matters properly relating thereto.
[Approved March 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 366.200 is hereby amended to read as follows:
366.200 1. The sale or use of special fuel for any purpose other than to [operate or] propel a motor vehicle upon the public highways of Nevada shall be exempt from the application of the tax imposed by NRS 366.190. The exemption provided in this subsection shall apply only in those cases where the purchasers or the users of special fuel shall establish to the satisfaction of the department that the special fuel purchased or used was used for purposes other than to [operate or] propel a motor vehicle upon the public highways of Nevada.
2. Sales made to the United States Government or any instrumentality thereof shall be exempt from the tax imposed by this chapter.
3. Sales made to [the] any state, [a] county, [a] municipality, [a] district or other political subdivision thereof shall be exempt from the tax imposed by this chapter.
Sec. 2. NRS 366.225 is hereby amended to read as follows:
366.225 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.]
κ1971 Statutes of Nevada, Page 88 (CHAPTER 47, SB 63)κ
department to the vendor for issuing the license shall be deducted from the credit.] , there shall be a nonrefundable charge of $1.
Sec. 3. NRS 366.395 is hereby amended to read as follows:
366.395 1. Any person failing to pay any excise tax, except taxes assessed under the provisions of NRS 366.405, within the time prescribed by this chapter shall pay in addition to such tax a penalty of 10 percent of the amount thereof, plus interest on the amount of such tax at the rate of 1 percent per month or fraction thereof, from the date such tax became finally due and payable until the date of payment.
2. Any person who fails to submit a monthly tax return [as provided in NRS 366.370 to 366.390, inclusive,] shall pay a penalty of $10 for each [month, or any part thereof, during which such return is delinquent,] delinquent tax return, in addition to any other penalty provided by this chapter.
3. A tax return is considered delinquent when it has not been received by the department by the due date of the following months tax return, as prescribed by this chapter or by rules and regulations of the department.
Sec. 4. NRS 366.650 is hereby amended to read as follows:
366.650 1. If illegally or through error the department collects or receives any excise tax, penalty or interest imposed under this chapter, the excise tax, penalty or interest shall be refunded to the person paying the same. Written application for refund, stating the specific grounds therefor, shall be made within 2 years after the date of payment, whether or not the excise tax, penalty or interest was paid voluntarily or under protest.
2. Refunds shall [not] be made to [successors or assigns in business of the person making the payment. Refunds shall be made to an] a successor, assign, estate or heir of such person if written application is made within the time limit. [and accompanied by proper authority from a probate court.]
3. Any amount determined to be refundable by the department shall [first be credited on] be refunded or credited to any amounts then due and payable from the special fuel dealer or special fuel user to whom the refund is due. [, and the department shall then certify to the state board of examiners the balance thereof.]
4. All amounts refunded under the provisions of this chapter shall be paid from the state highway fund on claims presented by the department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
5. Licensed special fuel users operating interstate who can prove to the satisfaction of the department that their special fuel purchases in Nevada exceed their use over the highways of this state for a certain month may apply for a special fuel tax refund or apply credit in lieu of refund to succeeding reports.
6. Temporary special fuel licensees are [not] eligible for special fuel tax refunds [.] in the manner provided by rules and regulations of the department.
Sec. 5. NRS 366.690 is hereby repealed.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 89κ
Assembly Bill No. 156Mr. Getto
CHAPTER 48
AN ACT relating to alcoholism; providing that the alcoholism division of the department of health, welfare and rehabilitation is the alcoholism authority of the state; changing the qualifications of the administrator of the division and redefining the functions of the division; and providing other matters properly relating thereto.
[Approved March 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 458 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The alcoholism division shall be the alcoholism authority of the state, with responsibility to develop and coordinate a comprehensive plan to combat alcoholism and to coordinate all state and federal funding of alcoholism programs in the state. As the state alcoholism authority, the division shall be consulted in project planning and advised of all federal grant applications from within the state, and have the responsibility to review and advise concerning each such application.
2. Federal agencies with funds for alcoholism programs, and the Alcoholism Coordinating Council of the National Institute of Mental Health shall be notified of the provisions of subsection 1.
Sec. 2. NRS 458.040 is hereby amended to read as follows:
458.040 [1.] The administrator shall be:
[(a) An arrested alcoholic who has maintained continued sobriety for 2 years immediately preceding his appointment.
(b) An active member of the group commonly known as Alcoholics Anonymous.
2. The administrator shall be allowed]
1. Experienced in the field of alcoholic rehabilitation.
2. Allowed the per diem expense allowances and travel expenses as fixed by law.
Sec. 3. NRS 458.050 is hereby amended to read as follows:
458.050 The alcoholism division shall:
1. Promote and operate programs for the [rehabilitation of alcoholics.
2. Promote, through privately established rehabilitation centers, a system for the employment of arrested alcoholics.] treatment, rehabilitation and employment of persons who have become dependent upon alcohol.
2. Develop and carry out programs to prevent alcoholism.
3. Act as a coordinating agency for all programs dealing with alcoholism in the state.
Sec. 4. NRS 458.070 is hereby amended to read as follows:
458.070 The alcoholism division may, in performing its duties:
1. [Promote and conduct educational training, preventive programs and research necessary to effectuate the purposes of this chapter.
2. Promote or establish cooperative relations with courts, hospitals, clinics, medical and social agencies, public health authorities, law enforcement agencies, educational research organizations and other related groups.
κ1971 Statutes of Nevada, Page 90 (CHAPTER 48, AB 156)κ
clinics, medical and social agencies, public health authorities, law enforcement agencies, educational research organizations and other related groups.
3. Promote the establishment and operation of public clinics and other public alcoholism facilities in local communities of Nevada.
4. Provide consultation services to public and private agencies and groups.
5. Assist all organizations, fellowships and groups directly associated with problems of alcoholism, including committees and councils affiliated with the National Council on Alcoholism, Incorporated, by providing such organizations with essential materials for furthering programs of prevention of alcoholism and rehabilitation of alcoholics.
6. Cooperate with and assist political subdivisions of the state, educational institutions, religious organizations and other organized groups dealing with problems associated with alcoholism.] Maintain an accurate overview of the alcoholism problem in the state through surveys, studies and research.
2. Develop and coordinate a comprehensive plan to combat alcoholism in the state.
3. Promote and conduct educational programs and training opportunities for all who deal with the alcoholic.
4. Disseminate information on the subject of alcoholism for the guidance and assistance of individuals, schools, courts and other public and private agencies.
5. Promote the establishment and operation of public clinics and other public facilities in local communities of Nevada for the treatment of persons suffering from alcoholism.
6. Promote cooperative relations with courts, hospitals, clinics, medical and social agencies, public health authorities, law enforcement agencies, educational research organizations and other related groups.
7. Provide consultation services to public and private agencies and groups.
8. Assist all organizations, fellowships and groups directly associated with problems of alcoholism by providing such organizations with essential materials for furthering programs of prevention, treatment, rehabilitation and research.
9. Cooperate with and assist political subdivisions of the state, educational institutions, religious organizations and other organized groups dealing with problems associated with alcoholism.
Sec. 5. NRS 458.080 is hereby amended to read as follows:
458.080 The alcoholism division may:
1. By contracting with [organizations affiliated with the National Council on Alcoholism, Incorporated, or other organizations,] organized groups, render partial financial assistance in the operation of treatment and rehabilitation [centers] facilities established by these groups. Each such contract shall contain a provision allowing the fiscal analyst to perform an audit of all accounts, books and other financial records of the organization with which the agency contracts.
2. Aid such established rehabilitation centers in the procurement of supplies and equipment and act as receiving agent for such centers in the procurement of government surplus from the purchasing division of the department of administration.
κ1971 Statutes of Nevada, Page 91 (CHAPTER 48, AB 156)κ
the procurement of government surplus from the purchasing division of the department of administration.
Sec. 6. This act shall become effective upon passage and approval.
________
Senate Bill No. 203Committee on Federal, State and Local Governments
CHAPTER 49
AN ACT relating to elections; concerning the submission of bond questions and other proposals at elections, the registration of electors and the manner of voting on and approving such proposals; validating, ratifying, approving and confirming outstanding public securities of the state and all corporate subdivisions and agencies thereof and acts and proceedings had or taken preliminary to or in the approval or purported approval of a bond question or other proposal at an election, or based upon such an approval, and pertaining to public securities; amending the charter of Carson City, the charters of the cities of Henderson and Sparks and the act creating the Las Vegas Valley Water District; and otherwise providing matters properly relating to elections and proposals submitted at elections.
[Approved March 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.481 is hereby amended to read as follows:
293.481 1. Except as provided in subsection 2, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when such governing body decides to submit a question:
(a) At a general election, shall provide a copy of such question to each county clerk within the designated territory on or before the 1st Monday in August preceding the election.
(b) At a primary election, shall provide a copy of such question to each county clerk within the designated territory on or before the 3rd Monday in July preceding the election.
(c) At any election (other than a primary or general election) at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide a copy of such question to each county clerk at least 35 days prior to the election.
2. The requirements of subsection 1 do not apply to any question expressly privileged or required under article 19 of the constitution of the State of Nevada or under chapter 295 of NRS or any other statute to be submitted if proposed after the dates specified.
Sec. 2. NRS 349.017 is hereby amended to read as follows:
349.017 1. If the bond question is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election.
κ1971 Statutes of Nevada, Page 92 (CHAPTER 49, SB 203)κ
2. If the bond question is submitted at a special election, the clerk of each county shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 50 days nor less than 42 days next preceding the election, in a newspaper published within the county, if any is so published, and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as provided in this section.
3. Except as provided in subsection 4, the office of the county clerk shall be open for such a special election, from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
4. During the [5 days preceding the close] last 6 days of registration before such a special election, the office of the county clerk shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sundays and any legal holidays excepted.
5. The office of the county clerk shall be opened for registration of voters for such a special election up to but excluding the 30th day next preceding such election and during regular office hours.
Sec. 3. NRS 349.020 is hereby amended to read as follows:
349.020 1. The election officers of the state who are charged with the duty of providing for and conducting the election shall provide printed ballots for the use of the voters entitled to vote at the election. [Two sets of ballots shall be provided. One set shall be printed on white paper and the other set shall be printed on colored paper.] Any bond question may be submitted on the same ballot as otherwise used at the election, if any, or may be submitted by separate ballot, as the commission, board or other agency of the state ordering the submission of the bond question, if any, or otherwise the secretary of state, may determine.
2. There shall be printed on all ballots:
(a) Instructions respecting the manner of marking the ballots.
(b) A statement of the proposal to be voted upon. No defect in the statement other than in the statement of the maximum amount of the bonds to be authorized shall invalidate the bonds.
Sec. 4. NRS 349.030 is hereby amended to read as follows:
349.030 1. The election officers of the state who are charged with the duty of providing for and conducting the election shall provide one ballot box at each polling place for the purpose of the election. If a bond election is held in conjunction with a general election [,] or any other election for other than the submission of the bond question, the same single ballot box shall be used at each polling place.
2. Notwithstanding any other provision of NRS 349.010 to 349.070, inclusive, at any bond election thereunder, ballots or votes may be cast, registered, recorded and counted by means of voting machines, as provided in the election laws of this state.
Sec. 5. NRS 349.050 is hereby amended to read as follows:
349.050 1. Every citizen of the United States, 21 years of age or over, who has resided in the state 6 months and in the county 30 days next preceding such election, shall be entitled to vote at the election if he has complied with the registration laws of this state.
2. [If a registered elector is not the owner of or the spouse of the owner of real property assessed on the assessment roll of any county of the state, he shall be furnished, by the officers conducting the election, a ballot printed on white paper.
κ1971 Statutes of Nevada, Page 93 (CHAPTER 49, SB 203)κ
owner of real property assessed on the assessment roll of any county of the state, he shall be furnished, by the officers conducting the election, a ballot printed on white paper.
3. If a registered elector is the owner of or the spouse of the owner of real property assessed on the assessment roll of one or more counties of the state, he shall, after making the required statement under penalty of perjury, be furnished, by the officers conducting the election, a ballot printed on colored paper.
4. Before any person shall be permitted to vote a ballot printed on colored paper, he shall be required to make before one of the officers of the election, any of whom is authorized to take the same, a statement under penalty of perjury, showing that he is the owner of or the spouse of the owner of real property assessed on the assessment rolls in the state.
5.] The provisions of the election laws of this state relating to absent voting shall apply to all bond elections under NRS 349.010 to 349.070, inclusive. [, except:
(a) The application of an absent voter shall be accompanied with a statement by the applicant that he is or is not the owner of or the spouse of the owner of real property in the state.
(b) Upon receipt of an application, if the county clerk of the county in which the voter resides determines that the applicant is entitled to vote at the election, the clerk shall immediately, or as soon thereafter as the official absent voters ballot for the precinct in which the applicant resides has been printed, send to the absent voter by mail, postage prepaid, one official absent voters ballot of the proper color. If the applicant states that he is the owner of or the spouse of the owner of real property in the state, the clerk shall enclose with the official absent voters ballot a form of affidavit to be executed by the applicant before a notary public or other officer authorized to administer oaths showing that he is the owner of or the spouse of the owner of real property in the state.
(c) The county clerk shall enclose with the official absent voters ballot and the form of affidavit, when required, an envelope, which shall bear upon the front thereof the name, official title and post office address of the clerk, and upon the other side a printed affidavit substantially in the form provided by law, stating that the elector is entitled to vote in the election.
(d) The absent voter shall mark his ballot, fold it so as to conceal the vote, and together with the executed affidavit showing that he is the owner of or the spouse of the owner of real property in the state, if required, shall deposit them in the envelope provided, securely seal the envelope and mail it, postage prepaid.
(e) On the day of the election, the board of election which received the absent voters ballots from the county clerk of each county shall, in the presence of a majority of the number of the election board officers, proceed to deposit the ballots in the ballot box in the following manner. The name of the voter, as shown on the carrier envelope, is to be called and checked as if the voter were voting in person by the comparison of the signature on the back of the envelope with the voters signature on the original affidavit of registration. If it is found that the voter is entitled to cast his vote, the envelope is then, but not until then, opened, the number torn off, and if the number on the envelope agrees with the number on the ballot, and if the ballot is not a colored ballot, it shall then, without being examined or unfolded, be deposited in the ballot box provided for the bond election.
κ1971 Statutes of Nevada, Page 94 (CHAPTER 49, SB 203)κ
ballot, and if the ballot is not a colored ballot, it shall then, without being examined or unfolded, be deposited in the ballot box provided for the bond election. If the ballot is a colored ballot and is accompanied with the executed affidavit of the voter showing that he is the owner of or the spouse of the owner of real property in the state, it shall then, without being examined or unfolded, be deposited in the ballot box. Any colored ballot which is not accompanied with an executed affidavit shall be rejected by the election board.]
Sec. 6. NRS 349.070 is hereby amended to read as follows:
349.070 1. If a majority of the [ballots of each color are] electors voting on the bond question is in favor of the issuance of the bonds, the proposal to issue them shall have been carried, and the proper officers of the state shall, in the manner provided by law or in the manner expressed in the notice of the election, proceed to complete the printing, execution, advertisement and sale of the bonds.
2. If the majority of the [ballots of each color are] electors voting on the bond question is against the issuance of the bonds, the proposal to issue them shall have failed, and the proper officers of the state shall proceed no further with the printing, execution, advertisement or sale of the bonds, but they shall certify the result of the election to the proper officers, board or governing board of the state.
Sec. 7. NRS 350.022 is hereby amended to read as follows:
350.022 1. Whenever a municipal corporation by ordinance or resolution, as the governing body may determine, has ordered [a bond election,] an election for the submission of a bond question or other loan proposal, the clerk shall cause notice of the election to be published in some newspaper printed in and having a general circulation in the municipal corporation once in each calendar week for 2 successive calendar weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of the election.
2. If no newspaper is printed in the municipal corporation, then publication of the notice of election shall be made in some newspaper printed in the State of Nevada and having a general circulation in the municipal corporation.
Sec. 8. NRS 350.024 is hereby amended to read as follows:
350.024 1. Except as provided in subsection 3, the notice of election shall contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
(c) The purposes for which the bonds are to be issued [.] or the loan is otherwise to be incurred.
(d) The maximum amount of the bonds [.] or the loan.
(e) The maximum rate of interest.
(f) The maximum number of years which the bonds are to run [.] or the maximum term of the loan.
2. Any election called pursuant to NRS 350.010 to 350.070, inclusive, may be consolidated with a general election.
3. If the election is consolidated with the general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election shall be the same as those provided for the general election.
κ1971 Statutes of Nevada, Page 95 (CHAPTER 49, SB 203)κ
instead state that the places of holding the election shall be the same as those provided for the general election.
Sec. 9. NRS 350.026 is hereby amended to read as follows:
350.026 1. If the bond question or other loan proposal is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election.
2. If the bond question or other loan proposal is submitted at a special election, the clerk of the county in which the municipal corporation is located shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 50 days nor less than 42 days next preceding the election, in a newspaper published within the municipal corporation, if any be so published, and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as hereinafter provided.
3. Except as provided in subsection 4, the office of the county clerk shall be open for such a special election, from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
4. During the [5 days preceding the close] last 6 days of registration before such a special election, the office of the county clerk shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sundays and any legal holidays excepted.
5. The office of the county clerk shall be opened for registration of voters for such a special election up to but excluding the 30th day next preceding such election and during regular office hours.
Sec. 10. NRS 350.030 is hereby amended to read as follows:
350.030 1. The election officers of the municipal corporation who are charged with the duty of providing for and conducting the election shall provide printed ballots for the use of the voters entitled to vote at the election. [Two sets of ballots shall be provided. One set shall be printed on white paper and the other set shall be printed on colored paper.] Any bond question or other loan proposal may be submitted on the same ballot as otherwise used at the election, if any, or may be submitted by separate ballot, as the governing body may determine.
2. There shall be printed on all ballots:
(a) Instructions respecting the manner of marking the ballots.
(b) A statement of the proposal to be voted upon. No defect in the statement other than in the statement of the maximum amount of the bonds or other statement of the maximum amount of the loan to be authorized shall invalidate the bonds or other loan.
Sec. 11. NRS 350.040 is hereby amended to read as follows:
350.040 1. The election officers of the municipal corporation who are charged with the duty of providing for and conducting the election shall provide one ballot box at each polling place for the purpose of the election. If a bond election is held in conjunction with a general election [,] or any other election for other than the submission of the bond question or other loan proposal, the same single ballot box shall be used at each polling place.
2. Notwithstanding any other provision of NRS 350.010 to 350.070, inclusive, at any [bond] election hereunder [,] upon a bond question or other loan proposal, ballots or votes may be cast, registered, recorded and counted by means of voting machines, as provided in the election laws of this state.
κ1971 Statutes of Nevada, Page 96 (CHAPTER 49, SB 203)κ
or other loan proposal, ballots or votes may be cast, registered, recorded and counted by means of voting machines, as provided in the election laws of this state.
Sec. 12. NRS 350.050 is hereby amended to read as follows:
350.050 1. Every citizen of the United States, 21 years of age or over, who has resided in the state 6 months and in the county 30 days and in the precinct 10 days next preceding the election, shall be entitled to vote at the election if he has complied with the registration laws of this state.
2. [If a registered elector is not the owner of or the spouse of the owner of real property assessed on the assessment roll of the municipal corporation, he shall be furnished, by the officers conducting the election, a ballot printed on white paper.
3. If a registered elector is the owner of or the spouse of the owner of real property assessed on the assessment roll of the municipal corporation, he shall, after making the required statement under penalty of perjury, be furnished, by the officers conducting the election, a ballot printed on colored paper.
4. Before any person shall be permitted to vote a ballot printed on colored paper, he shall be required to make, before one of the officers of the election, any of whom is authorized to take the same, a statement under penalty of perjury, showing that he is the owner of or the spouse of the owner of real property assessed on the assessment roll of the municipal corporation.
5.] The provisions of the election laws of this state relating to absent voting shall apply to all [bond] elections [hereunder except:
(a) The application of an absent voter shall be accompanied with a statement by the applicant that he is or is not the owner of or the spouse of the owner of real property in the municipal corporation.
(b) Upon receipt of an application, if the clerk shall determine that the applicant is entitled to vote at the election, the clerk shall immediately, or as soon thereafter as the official absent voters ballot for the precinct in which the applicant resides has been printed, send to the absent voter by mail, postage prepaid, one official absent voters ballot of the proper color. If the applicant states that he is the owner of or the spouse of the owner of real property in the municipal corporation, the clerk shall enclose with the official absent voters ballot a form of statement under penalty of perjury to be executed by the applicant showing that he is the owner of or the spouse of the owner of real property in the municipal corporation.
(c) The clerk shall enclose with the official absent voters ballot and the form of statement under penalty of perjury, when required, an envelope which shall bear upon the front thereof the name, official title and post office address of the clerk, and upon the other side a printed affidavit substantially in the form provided by law, stating that the elector is entitled to vote in the election.
(d) The absent voter shall mark his ballot, fold it so as to conceal the vote, and together with the executed statement under penalty of perjury showing that he is the owner of or the spouse of the owner of real property in the municipal corporation, if required, shall deposit them in the envelope provided, securely seal the envelope and mail it, postage prepaid.
κ1971 Statutes of Nevada, Page 97 (CHAPTER 49, SB 203)κ
them in the envelope provided, securely seal the envelope and mail it, postage prepaid.
(e) On the day of the election, the board of election which received the absent voters ballots from the clerk shall, in the presence of a majority of the number of the election board officers, proceed to deposit the ballots in the ballot box in the following manner. The name of the voter, as shown on the carrier envelope, is to be called and checked as if the voter were voting in person by the comparison of the signature on the back of the envelope with the voters signature on the original affidavit of registration. If it is found that the voter is entitled to cast his vote, the envelope is then, but not until then, opened, the number torn off, and if the number on the envelope agrees with the number on the ballot, and if the ballot is not a colored ballot, it shall then, without being examined or unfolded, be deposited in the ballot box provided for the bond election. If the ballot is a colored ballot and is accompanied with the executed statement under penalty of perjury of the voter showing that he is the owner of or the spouse of the owner of real property in the municipal corporation, it shall then, without being examined or unfolded, be deposited in the ballot box. Any colored ballot which is not accompanied with an executed statement under penalty of perjury shall be rejected by the election board.
(f) Notwithstanding any other provision of this subsection 5, if a bond question is submitted at a primary election or other general election except for a regular municipal election or at a special county election, the county clerk shall perform the duties provided herein for the clerk, even though the clerk of the municipal corporation submitting the bond question is other than the county clerk.] under NRS 350.010 to 350.070, inclusive.
3. Notwithstanding the provisions of subsection 2, if a bond question or other loan proposal is submitted at a primary election or other general election except for a regular municipal election or at a special county election, the county clerk shall perform the duties provided herein for the clerk, even though the clerk of the municipal corporation submitting the bond question or other loan proposal is other than the county clerk.
Sec. 13. NRS 350.070 is hereby amended to read as follows:
350.070 1. If a majority of the [ballots of each color is in favor of the issuance of the bonds, the proposal to issue them] electors voting on the bond question or other proposal to incur the loan is in favor of the proposal submitted, the proposal shall have been carried, and the proper officers of the municipal corporation shall, in the manner provided by law or in the manner expressed in the notice of the election, proceed to complete the printing, execution, advertisement and sale of the bonds [.] or otherwise to incur the loan.
2. If the majority of the [ballots of either color or both colors is against the issuance of the bonds, the proposal to issue them] electors voting on the bond question or other proposal to incur the loan is against the proposal submitted, the proposal shall have failed, and the proper officers of the municipal corporation shall proceed no further with the printing, execution, advertisement or sale of the bonds, but they shall certify the result of the election to the proper officers, board or governing board of the municipal corporation.
κ1971 Statutes of Nevada, Page 98 (CHAPTER 49, SB 203)κ
Sec. 14. NRS 387.340 is hereby amended to read as follows:
387.340 1. When the board of trustees of a county school district deems it necessary to incur any bonded indebtedness authorized by NRS 387.335 to 387.525, inclusive, by issuing the negotiable coupon bonds of the county school district, the board of trustees shall, by a resolution adopted and entered in its minutes:
(a) Find the necessity of and state the purpose or purposes for incurring the bonded indebtedness.
(b) Determine the maximum amount of bonds to be issued.
(c) Call an election for submission of the question whether the negotiable coupon bonds of the county school district should be issued and sold to raise money for the purpose or purposes stated.
(d) Designate whether the election shall be consolidated with the next general election, or shall be a special election which the board of trustees is authorized to call. For the purposes of NRS 387.335 to 387.525, inclusive, the term general election includes a primary election.
(e) Fix the date of the election.
2. The resolution adopted by the board of trustees pursuant to the provisions of subsection 1 shall fix a date for the election which will:
(a) Allow sufficient time for the electors of the county school district to register to vote pursuant to the provisions of the election laws of this state; and
(b) Allow sufficient time for the county clerk to perform the duties required of him by the election laws of this state.
3. Prior to the adoption of any such resolution the clerk of the board of trustees shall notify, in writing, the board of county commissioners of the county whose boundaries are conterminous with the boundaries of the county school district of the intention of such board of trustees to consider any such resolution.
Sec. 15. Chapter 387 of NRS is hereby amended by adding thereto a new section, to follow immediately NRS 387.340, which shall read as follows:
1. If the bond question is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election.
2. If the bond question is submitted at a special election, the county clerk shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 50 days nor less than 42 days next preceding the election, in a newspaper published within the county, if any is so published, and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as provided in this section.
3. Except as provided in subsection 4, the office of the county clerk shall be open for such a special election, from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
4. During the last 6 days of registration before such a special election, the office of the county clerk shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sundays and any legal holidays excepted.
κ1971 Statutes of Nevada, Page 99 (CHAPTER 49, SB 203)κ
5. The office of the county clerk shall be opened for registration of voters for such a special election up to but excluding the 30th day next preceding such election and during regular office hours.
Sec. 16. NRS 387.365 is hereby amended to read as follows:
387.365 1. The county clerk shall provide printed ballots for the use of the voters entitled to vote at any school bond election. [Two sets of ballots shall be provided. One set shall be printed on white paper and the other set shall be printed on colored paper.] Any bond question may be submitted on the same ballot otherwise used at the election, if any, or may be submitted by separate ballot, as the board of trustees of the county school district may determine.
2. There shall be printed on all ballots:
(a) Instructions respecting the manner of marking the ballots.
(b) A brief statement of the proposition, setting forth the maximum amount of the bonds to be voted upon, the maximum rate of interest, and the purposes for which the proceeds of the sale of the bonds are to be used. No defect in the statement other than in the statement of the maximum amount of the bonds to be authorized shall invalidate the bonds.
(c) The words Bonds-Yes and Bonds-No, or words of similar import.
Sec. 17. NRS 387.370 is hereby amended to read as follows:
387.370 1. The county clerk shall furnish one ballot box at each voting place within the county school district.
2. Ballots [of both colors] voted at a school bond election shall be deposited in the ballot box so provided. [, and no other ballots shall be deposited therein.]
Sec. 18. NRS 387.375 is hereby amended to read as follows:
387.375 1. Every citizen of the United States, 21 years of age or over, who has continuously resided in this state 6 months and in the county 30 days and in the precinct 10 days next preceding the day of a school bond election, shall be entitled to vote at such election if he has complied with the registration laws of this state.
2. [If a registered elector is the owner of or the spouse of the owner of real property in the county school district, assessed on the assessment roll of the county, he shall, after making the required statement under penalty of perjury, be furnished, by an election officer conducting the election, a ballot printed on colored paper. All such ballots, when voted, shall be deposited in the ballot box.
Before any person shall be allowed to vote a ballot printed on colored paper, he shall be required to make before one of the officers of the election, any of whom is authorized to take the same, a statement under penalty of perjury, showing that he is the owner or the spouse of the owner of real property so assessed in the county school district.
3. If a registered elector is not the owner of or the spouse of the owner of real property in the county school district, assessed on the assessment roll of the county, he shall be furnished, by an election officer conducting the election, a ballot printed on white paper. All such ballots, when voted, shall be deposited in the ballot box.
4.] The provisions of the election laws of this state relating to absent voting shall apply to all school bond elections. [except:
(a) The application of an absent voter shall be accompanied with a statement by the applicant that he is or is not the owner of or the spouse of the owner of real property in the county school district.
κ1971 Statutes of Nevada, Page 100 (CHAPTER 49, SB 203)κ
statement by the applicant that he is or is not the owner of or the spouse of the owner of real property in the county school district.
(b) Upon receipt of an application, if the county clerk shall determine that the applicant is entitled to vote at the election, the county clerk shall immediately, or as soon thereafter as the official absent voters ballot for the precinct in which the applicant resides has been printed, send to the absent voter by mail, postage prepaid, one official absent voters ballot of the proper color. If the applicant states that he is the owner of or the spouse of the owner of real property in the county school district, the county clerk shall enclose with the official absent voters ballot a form of statement under penalty of perjury to be executed by the applicant showing that he is the owner of or the spouse of the owner of real property in the county school district.
(c) The county clerk shall enclose with the official absent voters ballot and the form of statement under penalty of perjury, when required, an envelope which shall bear upon the front thereof the name, official title and post office address of the county clerk, and upon the other side a printed affidavit substantially in the form provided by law, stating that the elector is entitled to vote in the election.
(d) The absent voter shall mark his ballot, fold it so as to conceal the vote, and together with the executed statement under penalty of perjury showing that he is the owner of or the spouse of the owner of real property in the county school district, if required, shall deposit them in the envelope provided, securely seal the envelope and mail it, postage prepaid.
(e) On the day of the election, the board of election which received the absent voters ballots from the county clerk shall, in the presence of a majority of the number of the election board officers, proceed to deposit the ballots in the ballot box in the following manner. The name of the voter, as shown on the carrier envelope, is to be called and checked as if the voter were voting in person by the comparison of the signature on the back of the envelope with the voters signature on the original affidavit of registration. If it is found that the voter is entitled to cast his vote, the envelope is then, but not until then, opened, the number torn off, and if the number on the envelope agrees with the number on the ballot, and if the ballot is not a colored ballot, it shall then, without being examined or unfolded, be deposited in the ballot box provided for the bond election. If the ballot is a colored ballot and is accompanied with the executed statement under penalty of perjury of the voter showing that he is the owner of or the spouse of the owner of real property in the county school district, it shall then, without being examined or unfolded, be deposited in the ballot box. Any colored ballot which is not accompanied with an executed statement under penalty of perjury shall be rejected by the election board.]
Sec. 19. NRS 387.385 is hereby amended to read as follows:
387.385 1. Immediately after the closing of the polls, the election officers shall proceed to canvass the ballots in the ballot box.
2. [Separate and distinct records shall be made of the canvass of the ballots.] The results disclosed by the canvass [of the ballots of different colors] shall be certified [separately] by the election officers to the board of trustees of the county school district.
κ1971 Statutes of Nevada, Page 101 (CHAPTER 49, SB 203)κ
Sec. 20. NRS 387.395 is hereby amended to read as follows:
387.395 1. If a majority of the [ballots cast of each color] electors voting on the bond question is in favor of the issuance of the bonds, the proposal to issue them shall have been carried, and the board of trustees of the county school district shall:
(a) Cause an entry of that fact to be made upon its minutes.
(b) Proceed to complete the printing, execution, advertising and sale of the bonds.
2. If the majority of the [ballots of either color] electors voting on the bond question is against the issuance of the bonds, the proposal to issue them shall have failed, and the board of trustees of the county school district shall proceed no further with the printing, execution, advertisement or sale of the bonds.
Sec. 21. NRS 387.535 is hereby amended to read as follows:
387.535 1. When the board of trustees of a joint school district deems it necessary to incur any bonded indebtedness authorized by NRS 387.530 to 387.720, inclusive, by issuing the negotiable coupon bonds of the joint school district, the board of trustees shall, by resolution adopted and entered in its minutes:
(a) Find the necessity of and state the purpose or purposes for incurring the bonded indebtedness.
(b) Determine the maximum amount of bonds to be issued.
(c) Call an election for submission of the question whether the negotiable coupon bonds of the joint school district should be issued and sold to raise money for the purpose or purposes stated.
(d) Designate whether the election shall be consolidated with the next general election, or shall be a special election which the board of trustees is authorized to call. For the purposes of NRS 387.530 to 387.720, inclusive, the term general election includes a primary election.
(e) Fix the date of the election.
2. The resolution adopted by the board of trustees pursuant to the provisions of subsection 1 shall fix a date for the election which will:
(a) Allow sufficient time for the electors of the joint school district to register to vote pursuant to the provisions of the election laws of this state; and
(b) Allow sufficient time for the county clerks to perform the duties required of them by the election laws of this state.
3. Prior to the adoption of any such resolution the clerk of the board of trustees shall notify, in writing, the boards of county commissioners of the counties whose areas are within the joint school district of the intention of such board of trustees to consider any such resolution.
Sec. 22. Chapter 387 of NRS is hereby amended by adding thereto a new section which shall immediately follow NRS 387.535 and shall read as follows:
1. If the bond question is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election.
2. If the bond question is submitted at a special election, the clerk of each county shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 50 days nor less than 42 days next preceding the election, in a newspaper published within the county, if any is so published, and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as provided in this section.
κ1971 Statutes of Nevada, Page 102 (CHAPTER 49, SB 203)κ
publication to be not more than 50 days nor less than 42 days next preceding the election, in a newspaper published within the county, if any is so published, and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as provided in this section.
3. Except as provided in subsection 4, the office of the county clerk shall be open for such a special election, from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
4. During the last 6 days of registration before such a special election, the office of the county clerk shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sundays and any legal holidays excepted.
5. The office of the county clerk shall be opened for registration of voters for such a special election up to but excluding the 30th day next preceding such election and during regular office hours.
Sec. 23. NRS 387.560 is hereby amended to read as follows:
387.560 1. Each county clerk shall provide printed ballots for the use of the voters entitled to vote at any school bond election. [Two sets of ballots shall be provided. One set shall be printed on white paper and the other set shall be printed on colored paper.] Any bond question may be submitted on the same ballot otherwise used at the election, if any, or may be submitted by separate ballot, as the board of trustees of the joint school district may determine.
2. There shall be printed on all ballots:
(a) Instructions respecting the manner of marking the ballots.
(b) A brief statement of the proposition, setting forth the maximum amount of the bonds to be voted upon, the maximum rate of interest, and the purposes for which the proceeds of the sale of the bonds are to be used. No defect in the statement other than in the statement of the maximum amount of the bonds to be authorized shall invalidate the bonds.
(c) The words Bonds-Yes and Bonds-No, or words of similar import.
Sec. 24. NRS 387.565 is hereby amended to read as follows:
387.565 1. County clerks of the counties whose areas are within the joint school district shall furnish one ballot box at each polling place within their respective counties.
2. Ballots [of both colors] voted at a school bond election shall be deposited in the ballot box so provided. [, and no other ballots shall be deposited therein.]
Sec. 25. NRS 387.570 is hereby amended to read as follows:
387.570 1. Every citizen of the United States, 21 years of age or over, who has continuously resided in this state 6 months and in the county 30 days and in the precinct 10 days next preceding the day of a school bond election, shall be entitled to vote at such election if he has complied with the registration laws of this state.
2. [If a registered elector is the owner of or the spouse of the owner of real property in a county the area of which is within the joint school district, assessed on the assessment roll of the county, he shall, after making the required statement under penalty of perjury, be furnished, by an election officer conducting the election, a ballot printed on colored paper.
κ1971 Statutes of Nevada, Page 103 (CHAPTER 49, SB 203)κ
election officer conducting the election, a ballot printed on colored paper. All such ballots, when voted, shall be deposited in the ballot box.
Before any person shall be allowed to vote a ballot printed on colored paper, he shall be required to make before one of the officers of the election, any of whom is authorized to take the same, a statement under penalty of perjury, showing that he is the owner or the spouse of the owner of real property so assessed in the county the area of which is within the joint school district.
3. If a registered elector is not the owner of or the spouse of the owner of real property in a county the area of which is within the joint school district, assessed on the assessment roll of the county, he shall be furnished, by an election officer conducting the election, a ballot printed on white paper. All such ballots, when voted, shall be deposited in the ballot box.
4.] The provisions of the election laws of this state relating to absent voting shall apply to all school bond elections. [except:
(a) The application of an absent voter shall be accompanied with a statement by the applicant that he is or is not the owner of or the spouse of the owner of real property in the county in which he is qualified to vote.
(b) Upon receipt of an application, if the county clerk shall determine that the applicant is entitled to vote at the election, the county clerk shall immediately, or as soon thereafter as the official absent voters ballot for the precinct in which the applicant resides has been printed, send to the absent voter by mail, postage prepaid, one official absent voters ballot of the proper color. If the applicant states that he is the owner of or the spouse of the owner of real property in the county in which he is qualified to vote, the county clerk shall enclose with the official absent voters ballot a form of statement under penalty of perjury to be executed by the applicant showing that he is the owner of or the spouse of the owner of real property in the county in which he is qualified to vote.
(c) The county clerk shall enclose with the official absent voters ballot and the form of statement under penalty of perjury, when required, an envelope which shall bear upon the front thereof the name, official title and post office address of the county clerk, and upon the other side a printed affidavit substantially in the form provided by law, stating that the elector is entitled to vote in the election.
(d) The absent voter shall mark his ballot, fold it so as to conceal the vote, and together with the executed statement under penalty of perjury showing that he is the owner of or the spouse of the owner of real property in the county in which he is qualified to vote, if required, shall deposit them in the envelope provided, securely seal the envelope and mail it, postage prepaid.
(e) On the day of the election, the board of election which received the absent voters ballots from the county clerk shall, in the presence of a majority of the number of the election board officers, proceed to deposit the ballots in the ballot box in the following manner. The name of the voter, as shown on the carrier envelope, is to be called and checked as if the voter were voting in person by the comparison of the signature on the back of the envelope with the voters signature on the original affidavit of registration.
κ1971 Statutes of Nevada, Page 104 (CHAPTER 49, SB 203)κ
registration. If it is found that the voter is entitled to cast his vote, the envelope is then, but not until then, opened, the number torn off, and if the number on the envelope agrees with the number on the ballot, and if the ballot is not a colored ballot, it shall then, without being examined or unfolded, be deposited in the ballot box provided for the bond election. If the ballot is a colored ballot and is accompanied with the executed statement under penalty of perjury of the voter showing that he is the owner of or the spouse of the owner of real property in the county in which he is qualified to vote, it shall then, without being examined or unfolded, be deposited in the ballot box. Any colored ballot which is not accompanied with an executed statement under penalty of perjury shall be rejected by the election board.]
Sec. 26. NRS 387.580 is hereby amended to read as follows:
387.580 1. Immediately after the closing of the polls, the election officers shall proceed to canvass the ballots in the ballot box.
2. [Separate and distinct records shall be made of the canvass of the ballots.] The results disclosed by the canvass [of the ballots of different colors] shall be certified [separately] by the election officers to the board of trustees of the joint school district.
Sec. 27. NRS 387.590 is hereby amended to read as follows:
387.590 1. If a majority of the [ballots cast of either color] electors voting on the bond question is in favor of the issuance of the bonds, the proposal to issue them shall have been carried, and the board of trustees of the joint school district shall:
(a) Cause an entry of that fact to be made upon its minutes.
(b) Proceed to complete the printing, execution, advertising and sale of the bonds.
2. If the majority of the [ballots of either color] electors voting on the bond question is against the issuance of the bonds, the proposal to issue them shall have failed, and the board of trustees of the joint school district shall proceed no further with the printing, execution, advertisement or sale of the bonds.
Sec. 28. NRS 266.280 is hereby amended to read as follows:
266.280 1. The city council shall have the power to acquire, install, maintain, operate and regulate parking meters at the curbs of the city streets. The parking fees to be charged for the use of the parking facilities regulated by parking meters shall be fixed by the city council.
2. The city council shall have the power to acquire property within the city, by any lawful means except by eminent domain, for the purpose of establishing offstreet public parking facilities for vehicles. The council may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, and a majority of the [ballots cast of each color therein] electors voting on the bond question is in favor of the issuance of such bonds, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper. The city council may, in such bonds, pledge the general credit of the city to secure the payment of the principal thereof and interest thereon.
Sec. 29. Section 2.240 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 299, is hereby amended to read as follows:
κ1971 Statutes of Nevada, Page 105 (CHAPTER 49, SB 203)κ
Section 2.240 Power of the board: Parking meters; offstreet public parking facilities.
1. The board may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters shall be fixed by the board.
2. Except as otherwise provided by this charter, the board may acquire property within Carson City, by any lawful means, for the purpose of establishing offstreet public parking facilities for vehicles. The board may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, and a majority of the [ballots cast of each color therein] electors voting on the bond question is in favor of the issuance of such bonds, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper. The board may, in such bonds, pledge the on-street parking revenues or the general credit of Carson City, or both, to secure the payment of the principal and interest thereon.
Sec. 30. Section 40 of the charter of the City of Henderson, being chapter 240, Statutes of Nevada 1965, at page 451, is hereby amended to read as follows:
Section 40. Councils powers: Parking meters; offstreet public parking facilities.
1. The council has the power to acquire, install, maintain, operate and regulate parking meters at the curbs of the city streets. The parking fees to be charged for the use of the parking facilities regulated by parking meters shall be fixed by the council.
2. The council has the power to acquire property within the city, by any lawful means except by eminent domain, for the purpose of establishing offstreet public parking facilities for vehicles. The council may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, and a majority of the [ballots cast of each color therein] electors voting on the bond question is in favor of the issuance of such bonds, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper. The council may, in such bonds, pledge the general credit of the city to secure the payment of the principal thereof and interest thereon.
Sec. 31. Section 132 of the charter of the City of Henderson, being chapter 240, Statutes of Nevada 1965, at page 476, is hereby amended to read as follows:
Section 132. Election required prior to issuance of securities. 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 registered voters of the city voting thereon] the electors voting on the question 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 insofar as the same may be applicable.
Sec. 32. Section 15.01 of Article XV of the charter of the City of Sparks, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 580, Statutes of Nevada 1969, at page 1093, is hereby amended to read as follows:
κ1971 Statutes of Nevada, Page 106 (CHAPTER 49, SB 203)κ
chapter 580, Statutes of Nevada 1969, at page 1093, 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). 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 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 7 percent of the principal amount of such securities so redeemed as determined by the council.
κ1971 Statutes of Nevada, Page 107 (CHAPTER 49, SB 203)κ
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 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.
(c) Each series of securities issued pursuant to subsection 3 of this section 15.01 may mature without limitation 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.
κ1971 Statutes of Nevada, Page 108 (CHAPTER 49, SB 203)κ
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 attested 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.
(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:
κ1971 Statutes of Nevada, Page 109 (CHAPTER 49, SB 203)κ
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.
(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 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.
κ1971 Statutes of Nevada, Page 110 (CHAPTER 49, SB 203)κ
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.
(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.
κ1971 Statutes of Nevada, Page 111 (CHAPTER 49, SB 203)κ
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] the electors voting on the question 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.
Sec. 33. Section 5.3 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 401, Statutes of Nevada 1957, at page 773, is hereby amended to read as follows:
Section 5.3. Notwithstanding any other provision of this act, any person residing in the district and who is qualified to vote in accordance with chapter [292] 293 of NRS shall be deemed a qualified elector of the district and shall be entitled to vote at any election held pursuant to the provisions of this act.
Sec. 34. Section 5.5 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 401, Statutes of Nevada 1957, at page 773, is hereby amended to read as follows:
Section 5.5. 1. Directors shall be elected and propositions or other matters shall be voted upon as nearly as possible as provided in [chapters 296, 300 and 303] chapter 293 of NRS.
2. After the close of any election, and in accordance with law, the board of county commissioners shall make abstracts of the votes cast for directors and for and against any proposition or matter and shall immediately transmit the abstracts to the board of directors of the district. Upon receipt of the abstracts of votes cast for directors, the board of directors shall:
(a) Meet forthwith.
(b) Examine the abstracts.
(c) Declare the results of the election.
κ1971 Statutes of Nevada, Page 112 (CHAPTER 49, SB 203)κ
(d) Order the secretary to issue election certificates to the candidates elected.
Sec. 35. Section 16 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as last amended by chapter 401, Statutes of Nevada 1957, at page 775, is hereby amended to read as follows:
Section 16. Whenever the district proposes to issue its negotiable bonds to obtain funds for the accomplishment of any of its corporate purposes, the board shall by resolution, determine the amount of money necessary to be raised to accomplish such purposes, and shall immediately thereafter submit its proposal for a bond issue of such amount at a general election or at a special election of the district, called for that purpose, to the electors of the district possessing the qualifications prescribed by this act.
The board of directors shall fix a date for such election which will allow sufficient time for the electors of the district to register to vote pursuant to chapter [292] 293 of NRS and for the county clerk to perform the duties required of him by chapter [292] 293 of NRS.
The board of directors shall immediately transmit certified copies of the resolution to the county clerk and to the board of county commissioners of Clark County.
If the resolution designates the election as a special election, the board of county commissioners may, for the purposes of the election, divide the district into special election or consolidated election precincts by consolidating existing precincts, or otherwise, and may change and alter the precincts for such elections, as often as occasion requires. The board of county commissioners shall immediately give written notice of any such action to the secretary of the board of directors, who shall thereupon give notice of such special election in the manner provided in section 16a.
Sec. 36. Section 16.1 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 401, Statutes of Nevada 1957, at page 775, is hereby amended to read as follows:
Section 16.1. 1. All district bond elections shall be conducted as nearly as practicable in the manner provided in chapter [296] 293 of NRS. Any such election may be consolidated with a general election.
2. Upon receipt of the certified copies of the resolution of the board of directors as provided in section 16, the board of county commissioners and the county clerk shall perform the duties required by law for holding elections in the several counties, and the election shall be conducted as nearly as practicable in all respects as if it were a county election.
Sec. 37. Section 16.2 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 401, Statutes of Nevada 1957, at page 775, is hereby amended to read as follows:
Section 16.2. 1. The county clerk shall provide printed ballots for the use of the voters entitled to vote at any district bond election. [Two sets of ballots shall be provided. One set shall be printed on white paper and the other set shall be printed on colored paper.]
2. There shall be printed on all ballots:
κ1971 Statutes of Nevada, Page 113 (CHAPTER 49, SB 203)κ
(a) Instructions respecting the manner of marking the ballots.
(b) A brief statement of the proposition, setting forth the maximum amount of the bonds to be voted upon, the maximum rate of interest and the purposes for which the proceeds of the sale of the bonds are to be used. No defect in the statement other than in the statement of the maximum amount of the bonds to be authorized shall invalidate the bonds.
(c) The words Bonds-Yes and Bonds-No, or words of similar import.
Sec. 38. Section 16.3 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 401, Statutes of Nevada 1957, at page 776, is hereby amended to read as follows:
Section 16.3. [1.] The board of county commissioners shall furnish one ballot box at each voting place within the district.
[2. Ballots of both colors voted at a district bond election shall be deposited in the ballot box so provided, and no other ballots shall be deposited therein.]
Sec. 39. Section 16.4 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 401, Statutes of Nevada 1957, at page 776, is hereby amended to read as follows:
Section 16.4. 1. Every qualified elector of the district, as defined in section 5.3, shall be entitled to vote at any district bond election.
2. [If a qualified elector is the owner of or the spouse of the owner of real property in the district, assessed on the assessment roll of the county, he shall, after making the required affidavit, be furnished, by an election officer conducting the election, a ballot printed on colored paper. All such ballots, when voted, shall be deposited in the ballot box.
Before any person shall be allowed to vote a ballot printed on colored paper, he shall be required to make before one of the officers of the officers of the election, any of whom is authorized to take the same, an affidavit, showing that he is the owner or the spouse of the owner of real property so assessed in the district.
3. If a qualified elector is not the owner of or the spouse of the owner of real property in the district, assessed on the assessment roll of the county, he shall be furnished, by an election officer conducting the election, a ballot printed on white paper. All such ballots, when voted, shall be deposited in the ballot box.
4.] The provisions of [chapter 300 of NRS] the election laws of this state relating to absent voting shall apply to all district bond elections. [except:
(a) The application of an absent voter shall be accompanied with a statement by the applicant that he is or is not the owner of or the spouse of the owner of real property in the district.
(b) Upon receipt of an application, if the county clerk shall determine that the applicant is entitled to vote at the election, the county clerk shall immediately, or as soon thereafter as the official absent voters ballot for the precinct in which the applicant resides has been printed, send to the absent voter by mail, postage prepaid, one official absent voters ballot of the proper color. If the applicant states that he is the owner of or the spouse of the owner of real property in the district, the county clerk shall enclose with the official absent voters ballot a form of affidavit to be executed by the applicant before a notary public or other officer authorized to administer oaths showing that he is the owner of or the spouse of the owner of real property in the district.
κ1971 Statutes of Nevada, Page 114 (CHAPTER 49, SB 203)κ
spouse of the owner of real property in the district, the county clerk shall enclose with the official absent voters ballot a form of affidavit to be executed by the applicant before a notary public or other officer authorized to administer oaths showing that he is the owner of or the spouse of the owner of real property in the district.
(c) The county clerk shall enclose with the official absent voters ballot and the form of affidavit, when required, an envelope which shall bear upon the front thereof the name, official title and post office address of the county clerk, and upon the other side a printed affidavit substantially in the form provided by law, stating that the elector is entitled to vote in the election.
(d) The absent voter shall mark his ballot, fold it so as to conceal the vote, and together with the executed affidavit showing that he is the owner of or the spouse of the owner of real property in the district, if required, shall deposit them in the envelope provided, securely seal the envelope and mail it, postage prepaid.
(e) On the day of the election, the board of election which received the absent voters ballots from the county clerk shall, in the presence of a majority of the number of the election board officers, proceed to deposit the ballots in the ballot box in the following manner. The name of the voter, as shown on the carrier envelope, is to be called and checked as if the voter were voting in person by the comparison of the signature on the back of the envelope with the voters signature on the original affidavit of registration. If it is found that the voter is entitled to cast his vote, the envelope is then, but not until then, opened, the number torn off, and if the number on the envelope agrees with the number on the ballot, and if the ballot is not a colored ballot, it shall then, without being examined or unfolded, be deposited in the ballot box provided for the bond election. If the ballot is a colored ballot and is accompanied with the executed affidavit of the voter showing that he is the owner of or the spouse of the owner of real property in the district, it shall then, without being examined or unfolded, be deposited in the ballot box. Any colored ballot which is not accompanied with an executed affidavit shall be rejected by the election board.]
Sec. 40. Section 16.5 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 401, Statutes of Nevada 1957, at page 777, is hereby amended to read as follows:
Section 16.5. Notwithstanding any other provision of this act, at any district bond election ballots or votes may be cast, registered, recorded and counted by means of voting machines, as provided in chapter [303] 293 of NRS.
Sec. 41. Section 16.6 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 401, Statutes of Nevada 1957, at page 777, is hereby amended to read as follows:
Section 16.6. 1. Immediately after the closing of the polls, the election officers shall proceed to canvass the ballots in the ballot box.
2. [Separate and distinct records shall be made of the canvass of the ballots.] The results disclosed by the canvass [of the ballots of different colors] shall be certified [separately] by the election officers to the board of directors of the district.
κ1971 Statutes of Nevada, Page 115 (CHAPTER 49, SB 203)κ
different colors] shall be certified [separately] by the election officers to the board of directors of the district.
3. As soon as practicable after all returns are received, the board of directors of the district shall meet and publicly canvass the returns.
Sec. 42. Section 16.7 of chapter 167, Statutes of Nevada 1947, being an act creating the Las Vegas Valley Water District, as added by chapter 401, Statutes of Nevada 1957, at page 777, is hereby amended to read as follows:
Section 16.7. 1. If a majority of the ballots cast [of each color] is in favor of the issuance of the bonds, the proposal to issue them shall have been carried, and the board of directors, after causing an entry of that fact to be made upon its minutes, shall be authorized to issue such bonds in accordance with the provisions of this act.
2. If the majority of the ballots [of either color] cast is against the issuance of the bonds, the proposal to issue them shall have failed and the board of directors shall proceed no further with the issue or sale of the bonds. Failure of any proposal to issue bonds shall not preclude the board of directors from proposing any future bond issue or from calling any election for such purposes.
Sec. 43. As used in sections 44 to 46, inclusive, of this act, the following terms have the meanings ascribed to them in subsections 1 to 4, inclusive:
1. Public body means any city, town, county, school district or other political subdivision of the state and constituting a body corporate.
2. Public security means a bond, note, warrant, interim debenture or other obligation for the payment of money, issued or authorized to be issued by the state or any public body thereof.
3. State means the State of Nevada and any board, commission, department, corporation, instrumentality or agency thereof.
4. Voted public security means a public security approved or purportedly approved by at least a majority of those qualified electors of the state or public body issuing the public security voting at an election held by the state or the public body on a proposal authorizing the issuance of the public security.
Sec. 44. All outstanding voted public securities and all other outstanding public securities issued in anticipation of voted public securities and which may be funded with the proceeds thereof, and all acts and proceedings had or taken, or purportedly had or taken, by or on behalf of the state or any public body thereof prior to the effective date of this act under law or under color of law preliminary to and in the authorization, execution, sale, issuance and payment (or any combination thereof) of all such public securities are hereby validated, ratified, approved and confirmed, including, without limitation, the terms, provisions, conditions and covenants of any resolution or ordinance pertaining thereto, the redemption of public securities before maturity and provisions therefor, the levy and collection of fees, rates, tolls and other charges, and general and other property taxes, and the acquisition and application of other revenues, the pledge and use of the proceeds thereof, and the establishment of liens thereon and funds and accounts therefor, pertaining to such public securities, notwithstanding any lack of power, authority or otherwise, and notwithstanding any defects and irregularities, in the creation of such public body and in such public securities, acts and proceedings, and in such authorization, execution, sale, issuance and payment, including, without limitation, such acts and proceedings pertaining to such public securities all or any part of which have heretofore not been issued nor purportedly issued.
κ1971 Statutes of Nevada, Page 116 (CHAPTER 49, SB 203)κ
notwithstanding any defects and irregularities, in the creation of such public body and in such public securities, acts and proceedings, and in such authorization, execution, sale, issuance and payment, including, without limitation, such acts and proceedings pertaining to such public securities all or any part of which have heretofore not been issued nor purportedly issued. Such outstanding public securities are and shall be, and such public securities not issued nor purportedly issued prior to the effective date of this act shall be, after their issuance, binding, legal, valid and enforcible obligations of the state or the public body issuing them in accordance with their terms and their authorizing proceedings, subject to the taking or adoption of acts and proceedings theretofore not had or taken, nor purportedly had or taken, but required by and in substantial and due compliance with laws pertaining to any such public securities heretofore not issued nor purportedly issued.
Sec. 45. Sections 43 to 46, inclusive, of this act shall operate to supply such legislative authority as may be necessary to validate any public securities issued and any such acts and proceedings taken prior to the effective date of this act which the legislature could have supplied or provided for in the law under which such public securities were issued and such acts or proceedings were taken.
Sec. 46. Sections 43 to 46, inclusive, of this act shall not operate to validate, ratify, approve, confirm or legalize any public security, act, proceeding or any other matter which has been determined prior to the effective date of this act in any legal proceeding to be illegal, void or ineffective.
Sec. 47. 1. Any bond question or other proposal of incurring a loan or an indebtedness shall have carried, whenever the proposal is approved after the effective date of this act by a majority of the qualified electors voting on the proposal at an election, even though the act authorizing the submission of the proposal states that it shall have carried if it is approved by a majority of each color of ballots cast thereon, or by majorities of electors casting both colors of ballots on the proposal, or words of similar import, whenever such enabling act appears in any chapter of Statutes of Nevada 1971, or any section of Nevada Revised Statutes not amended by this act, and refers to an election held in the manner provided by:
(a) NRS 349.010 to 349.070, inclusive;
(b) NRS 350.010 to 350.070, inclusive;
(c) NRS 387.335 to 387.525, inclusive;
(d) NRS 387.530 to 387.720, inclusive; or
(e) Any part of any act designated above wholly or in part in paragraphs (a) to (d), inclusive.
2. The legislative counsel in his preparation of the 1971 supplement to Nevada Revised Statutes shall change each such unamended provision concerning the approval of any such proposal so submitted to correspond with the provisions of this section.
Sec. 48. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 49. 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.
κ1971 Statutes of Nevada, Page 117 (CHAPTER 49, SB 203)κ
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. 50. This act shall become effective upon passage and approval.
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Senate Bill No. 276Committee on Judiciary
CHAPTER 50
AN ACT to repeal NRS 268.320, requiring the mayor and councilmen of incorporated cities to suppress riotous assembly.
[Approved March 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 268.320 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 326Committee on Education
CHAPTER 51
AN ACT relating to public school finances; authorizing the issuance of warrants for the payment of salaries of school trustees; repealing the limitation on expenditure of state funds for school lunch programs.
[Approved March 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.310 is hereby amended to read as follows:
387.310 1. Except as provided by NRS 387.307 and subject to the direction of the board of trustees, the clerk of the board shall draw all orders for the payment of moneys belonging to the school district.
2. The orders shall be listed on cumulative voucher sheets and a copy presented to each of the members of the board of trustees present at the meeting and mailed to any absent member; and, when the orders have been approved by a majority of the board of trustees, and the cumulative voucher sheets have been signed by the president and the clerk of the board of trustees, or by a majority of the members of the board of trustees, such orders shall be valid vouchers in the hands of the county auditor for him to issue warrants on the county treasurer to be paid out of the funds belonging to such school district.
3. No order in favor of the board of trustees or any member thereof, except for salaries as authorized by NRS 386.320, authorized travel expenses and subsistence of trustees or for services of any trustee as clerk of the board, shall be drawn.
κ1971 Statutes of Nevada, Page 118 (CHAPTER 51, AB 326)κ
4. No order for salary for any teacher may be drawn unless such teacher is included in the directory of teachers supplied to the clerk of the board of trustees under the provisions of NRS 385.012.
Sec. 2. NRS 387.115 is hereby repealed.
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Assembly Bill No. 97Committee on Agriculture
CHAPTER 52
AN ACT relating to economic poisons; increasing the registration fee for economic poisons.
[Approved March 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 586.270 is hereby amended to read as follows:
586.270 The registrant shall pay an annual registration fee in an amount fixed by the executive director not to exceed $10 for each economic poison registered up to 10 brands and not to exceed [$3] $5 for each additional brand registered.
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Assembly Bill No. 48Washoe-Storey Districts Delegation
CHAPTER 53
AN ACT relating to the real property transfer tax; deleting the penalty for recording conveyances without collecting such tax; and prohibiting the county recorder from recording such conveyances if the tax is not paid.
[Approved March 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 375.100 is hereby amended to read as follows:
375.100 1. [Except as provided in subsection 2, any county recorder who records any deed upon which a tax is imposed by NRS 375.020 without collecting the proper amount based on the declared value indicated in the affidavit appended to such deed or declared by the escrow holder shall be fined $50 for each offense.] The county recorder shall refuse to record any deed or conveyance upon which a tax is imposed by NRS 375.010 to 375.095, inclusive, when such tax has not been paid.
2. A county recorder is not responsible for the failure of an escrow holder subsequently to pay the tax or affix the stamps to a deed recorded pursuant to subsection 3 of NRS 375.030.
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κ1971 Statutes of Nevada, Page 119κ
Assembly Bill No. 313Committee on Agriculture
CHAPTER 54
AN ACT relating to commercial fertilizers and agricultural minerals; exempting the nonagricultural use of such products from certain fee and licensing requirements.
[Approved March 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 588 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Those commercial fertilizers and agricultural minerals not used for agricultural purposes are exempt from the license fee and reporting requirements of NRS 588.210.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 98Committee on Agriculture
CHAPTER 55
AN ACT to amend NRS 588.210, relating to tonnage license fees on sales of commercial fertilizers and agricultural minerals, by increasing such fees.
[Approved March 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 588.210 is hereby amended to read as follows:
588.210 1. There shall be paid to the state department of agriculture for all commercial fertilizers [or agricultural minerals] offered for sale, sold or distributed in this state a fee at the rate of 20 cents per ton on every ton [if sold in packages or 2 cents per ton if sold in bulk;] sold; but sales to manufacturers or exchanges between them are exempted.
2. There shall be paid to the state department of agriculture for all agricultural minerals offered for sale, sold or distributed in this state a fee of 20 cents per ton on every ton if sold in packages, or 5 cents per ton if sold in bulk; but sales to manufacturers or exchanges between them are exempt.
3. The state department of agriculture shall prepare suitable forms for reporting sales and on request shall furnish the same without cost to all persons dealing in registered brands of commercial fertilizers or agricultural minerals.
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κ1971 Statutes of Nevada, Page 120κ
Assembly Bill No. 99Committee on Agriculture
CHAPTER 56
AN ACT relating to the sale or distribution of antifreeze; increasing the fee for inspection by the state sealer of weights and measures.
[Approved March 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 590.380 is hereby amended to read as follows:
590.380 1. Before any antifreeze shall be sold, exposed for sale, or held with intent to sell within this state, a sample thereof must be inspected annually by the state sealer of weights and measures.
2. Upon application of the manufacturer, packer, seller or distributor and the payment of a fee of [$20] $25 for each brand of antifreeze submitted, the state sealer of weights and measures shall inspect the antifreeze submitted. If the antifreeze is not adulterated or misbranded, if it meets the standards of the state sealer of weights and measures, and is not in violation of NRS 590.340 to 590.450, inclusive, the state sealer of weights and measures shall give the applicant a written permit authorizing the sale of such antifreeze in this state for the fiscal year in which the inspection fee is paid.
3. If the state sealer of weights and measures shall at a later date find that the product to be sold, exposed for sale or held with intent to sell has been materially altered or adulterated, a change has been made in the name, brand or trade-mark under which the antifreeze is sold, or it violates the provisions of NRS 590.340 to 590.450, inclusive, the state sealer of weights and measures shall notify the applicant and the permit shall be canceled forthwith.
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Assembly Bill No. 334Committee on Agriculture
CHAPTER 57
AN ACT prohibiting slaughter of animals at an approved plant within a brand inspection district until inspected by an inspector of the state department of agriculture and the issuance of a brand inspection clearance certificate; and providing a penalty.
[Approved March 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 565.100 is hereby amended to read as follows:
565.100 It shall be unlawful for any person to consign for slaughter, or slaughter at an approved plant, or transfer ownership of any animals by sale or otherwise within any brand inspection district created under the provisions of this chapter, until such animals have been inspected by an inspector of the department and a brand inspection clearance certificate issued covering the same.
Sec. 2. This act shall become effective upon passage and approval.
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κ1971 Statutes of Nevada, Page 121κ
Assembly Bill No. 291Messrs. Swallow and Prince
CHAPTER 58
AN ACT adding to the state highway system two routes, the Eagle Valley Reservoir Road and the Echo Canyon-Rose Valley Road; numbering such routes in the state highway system; and providing other matters properly relating thereto.
[Approved March 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Route 85 begins at a point on Lacour Street in Pioche, then easterly along Main Street to Eagle Valley Reservoir approximately 3 miles north of Ursine.
Sec. 3. Route 86 begins at a point on Route 85, thence southerly and easterly via Echo Canyon and Rose Valley for approximately 8 miles.
Sec. 4. This act shall become effective upon passage and approval.
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Assembly Bill No. 70Messrs. McKissick and Bryan
CHAPTER 59
AN ACT permitting examination and treatment of minors for venereal disease without parental consent.
[Approved March 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 129 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Notwithstanding any other provision of law, the consent of the parent, parents or legal guardian of a minor is not necessary in order to authorize a local or state health officer, board of health, licensed physician or clinic to examine or treat, or both, any minor who is suspected of being infected or is found to be infected with any venereal disease.
Sec. 2. NRS 441.175 is hereby amended to read as follows:
441.175 1. Whenever any minor is suspected of being infected or is found to be infected with any venereal disease, any local or state health officer, board of health or other health authority is empowered to require such minor to undergo examination or treatment, or both, making due allowance for the minors right of choice provided by NRS 441.200.
2. Such authority may be exercised even though such minor refuses his consent and the consent of the father or mother is [withheld or cannot be obtained.] not obtained.
Sec. 3. This act shall become effective upon passage and approval.
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κ1971 Statutes of Nevada, Page 122κ
Assembly Bill No. 157Messrs. Getto, Howard, Dini and Ashworth
CHAPTER 60
AN ACT making an appropriation from the general fund in the state treasury to the University of Nevada for the agricultural experiment station and agricultural extension service to make a study of the application and use of irrigation water in the Newlands Project; and providing other matters properly relating thereto.
[Approved March 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the University of Nevada the sum of $19,829 for the purpose of allowing the agricultural experiment station and the agricultural extension service to make a study of the application and use of irrigation water within the Newlands Project.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 47Senator Swobe
CHAPTER 61
AN ACT relating to the Tahoe Regional Planning Agency; providing for early judicial hearings of matters concerning the agency; and providing other matters properly relating thereto.
[Approved March 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 277 of NRS is hereby amended by adding thereto a new section designated NRS 277.207, which shall immediately follow NRS 277.205 and shall read as follows:
All judicial actions and proceedings in which there may arise a question of the validity of any matter under the provisions of NRS 277.190 to 277.220, inclusive, shall be advanced as a matter of immediate public interest and concern, and be heard at the earliest practicable moment.
Sec. 2. This act shall become effective upon passage and approval.
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κ1971 Statutes of Nevada, Page 123κ
Senate Bill No. 109Committee on Finance
CHAPTER 62
AN ACT providing a method of funding aid in emergencies in the livestock or agriculture industries; and providing other matters properly relating thereto.
[Approved March 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 575.050 is hereby amended to read as follows:
575.050 1. The governor is authorized to enter into agreements with the United States, its departments or agencies, respecting the granting and extending of financial aid, or any other form of benefits, to the state for the benefit of persons, firms or corporations engaged in the livestock or agriculture industry.
2. Before any such agreement is entered into, the governor, after diligent inquiry, shall determine by proclamation that such an emergency exists as in the interests of the livestock or agriculture industry of the state warrants a request for federal aid, money or such other type of benefits as may be available. From and after the issuing of such proclamation, the governor may match such available federal funds, or benefits, from the livestock aid fund, not to exceed the total sum of $30,000. Where an emergency has been proclaimed by the governor, the executive director of the state department of agriculture may expend moneys in the livestock aid fund, as the interests of the livestock or agriculture industry of the state may require, without federal participation in the form of aid, money or other benefits.
3. There is hereby created in the state treasury a fund to be known as the livestock aid fund. Moneys for the livestock aid fund shall be provided [by direct legislative appropriation,] as needed by the state board of examiners from their emergency fund account, and shall be used only for the purpose of carrying out the provisions of this section.
4. The governor, or such commission, department or agency of the State of Nevada as he may designate and entrust with the disbursement of the moneys or benefits made available, shall have the authority to adopt such rules and regulations as may be necessary for the proper administration thereof, and if the benefits are in the form of money each expenditure from the fund shall be approved by the state board of examiners in the manner provided generally for the payment of claims against the state.
5. The State of Nevada, by and through the acts of its governor, in accepting the agreements entered into, shall be bound and obligated to perform the agreements fully as to all the terms thereof for the duration of the agreements.
6. The governor, or any commission, department or agency he may designate, is specifically empowered and authorized to enter into and perform such agreements, notwithstanding the limits or provisions of any law to the contrary, and any part or parts of such law or laws inconsistent with the powers herein granted are hereby declared not applicable insofar as they are inconsistent with this section.
Sec. 2. This act shall become effective upon passage and approval.
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κ1971 Statutes of Nevada, Page 124κ
Senate Bill No. 66Senators Young and Hecht
CHAPTER 63
AN ACT relating to the Nevada state park system; vesting the system, through the state department of conservation and natural resources, with authority to deal with the Federal Government for purposes of receiving and disbursing financial assistance for planning, acquisition or development of outdoor recreation and historic preservation projects; specifying responsibilities of the system in connection therewith; and providing other matters properly relating thereto.
[Approved March 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 407.205 is hereby amended to read as follows:
407.205 1. The [state department of conservation and natural resources] system shall prepare and maintain [a] comprehensive statewide outdoor recreation [plan,] and historic preservation plans, which [plan] plans shall contain:
(a) An evaluation of the demand for and supply of outdoor recreation resources and facilities in the state;
(b) An evaluation of the needs for preservation of historic sites.
(c) A program for the implementation of the [plan;] plans; and
[(c)] (d) Other necessary information, as may be determined by the [director of the state department of conservation and natural resources.] administrator.
2. The [plan] plans shall:
(a) Take into account relevant federal resources and programs; and
(b) Be correlated so far as practicable with other state, regional and local plans.
3. The system through the state department of conservation and natural resources is vested with authority to represent and act for the state in dealing with the Federal Government or any of its agencies, instrumentalities or officers for the purposes of receiving financial assistance for planning, acquisition or development of outdoor recreation and historic preservation projects or combinations thereof pursuant to the provisions of federal law.
4. The administrator, through the director of the state department of conservation and natural resources, has the authority to accept, administer and disburse to other state agencies and political subdivisions funds paid by the Federal Government to the State of Nevada as financial assistance for planning, acquisition or development of outdoor recreation and historic preservation projects or combinations thereof, and [he] the administrator shall, on behalf of the state, keep such records as the Federal Government shall prescribe, and as will facilitate an effective audit, including records which fully disclose:
(a) The amount and the disposition by the state of the proceeds of such assistance;
(b) The total cost of the project or undertaking in connection with such assistance as given or used; and
κ1971 Statutes of Nevada, Page 125 (CHAPTER 63, SB 66)κ
(c) The amount and nature of that portion of the cost of the project or undertaking supplied by other sources.
5. Authorized representatives of the Federal Government shall have access for the purpose of audit and examination to any books, documents, papers and records of the state that are pertinent to financial assistance received by the state pursuant to federal law for planning, acquisition or development of outdoor recreation and historic preservation projects or [combination] combinations thereof.
Sec. 2. NRS 407.207 is hereby amended to read as follows:
407.207 The system through the state department of conservation and natural resources may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from any federal program respecting outdoor recreation [.] or historic preservation. In connection with obtaining the benefits of any such program, the [department] system shall coordinate its activities with and represent the interest of all other agencies and political subdivisions of the state having interests in the planning, development and maintenance of outdoor recreation resources [and facilities.] , facilities and historic preservation.
Sec. 3. NRS 407.209 is hereby amended to read as follows:
407.209 The system through the state department of conservation and natural resources shall make no commitment, nor shall it enter into any agreement, pursuant to an exercise of authority under NRS 407.205 to 407.209, inclusive, until it has determined that sufficient funds are available to it for meeting the states share, if any, of project costs. It is the legislative intent that, to such extent as may be necessary to assure the proper operation and maintenance of areas and facilities acquired or developed pursuant to any program participated in by this state under authority of NRS 407.205 to 407.209, inclusive, such areas and facilities shall be publicly maintained for outdoor recreation and historic preservation purposes. The system through the department may enter into and administer agreements with the United States or any appropriate agency thereof for planning, acquisition, [and] development and preservation projects involving participating federal aid funds on behalf of any political subdivision or subdivisions of this state if such subdivision or subdivisions give necessary assurances to the [department] system that they have available sufficient funds to meet their shares, if any, of the cost of the project and that the acquired or developed areas will be operated and maintained at the expense of such subdivision or subdivisions for public outdoor recreation or historic preservation use.
________
κ1971 Statutes of Nevada, Page 126κ
Senate Bill No. 277Committee on Federal, State and Local Governments
CHAPTER 64
AN ACT to amend an act entitled An Act incorporating the City of Caliente, in Lincoln County, Nevada, and defining the boundaries thereof; authorizing the establishment of a city government therefor if a majority of the electors thereof approve this act; establishing the procedure for such approval or rejection; and other matters properly relating thereto, approved March 28, 1957, as amended.
[Approved March 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 22 of the above-entitled act, being chapter 289, Statutes of Nevada 1957, at page 419, is hereby amended to read as follows:
Section 22. Mayor and Councilmen, Salary of. The mayor and councilmen shall receive remuneration for their services, payable monthly, such amount per meeting actually attended as may from time to time by resolution be set by said council provided such remuneration may not exceed [$50] $100 per officer per month.
Sec. 2. This act shall become effective on June 30, 1971.
________
Senate Bill No. 172Senator Wilson
CHAPTER 65
AN ACT removing the requirement of recommendations of the advisory committee as a limitation on the powers of the Nevada tax commission concerning budgets of local governments.
[Approved March 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 360.220 is hereby amended to read as follows:
360.220 The Nevada tax commission shall have the power 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, [upon the] after hearing the advice and recommendations of the advisory committee.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 127κ
Senate Bill No. 125Senator Dodge
CHAPTER 66
AN ACT providing for the custody and surrender of state certificates of weights and measures forms.
[Approved March 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 582 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. State certificates of weights and measures forms remain the property of the state while in the custody of public weighmasters or their deputies.
2. Upon the suspension or revocation of any public weighmasters certificate of authority or upon his surrendering or failing to renew such certificate, all unused forms shall be returned to the state sealer of weights and measures.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 96Committee on Agriculture (by request)
CHAPTER 67
AN ACT relating to bees and apiaries; requiring the registration of an apiary upon obtaining possession; changing requirements for quarantine of apiaries; prohibiting the possession of certain apiaries after expiration of permits; providing a penalty; and providing other matters properly relating thereto.
[Approved March 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 552.155 is hereby amended to read as follows:
552.155 1. Every person who is the owner or in possession of an apiary located within this state shall, on or before May 1 of each year, and within 10 days after obtaining possession of an apiary, register with the department the number of colonies therein and the location thereof.
2. The department shall issue a registration number to each beekeeper in this state, which shall be displayed in a conspicuous place in each apiary.
3. It shall be unlawful for any person to maintain an apiary within this state without registering the same as provided in this section.
Sec. 2. NRS 552.200 is hereby amended to read as follows:
552.200 1. It shall be unlawful for any person to transport or move in any manner whatever from any point within the State of Nevada or otherwise any established apiary, bees, hives, combs, or any other used apiary supplies, and set up, establish or deposit the same at any point in the State of Nevada without first obtaining a temporary or seasonal written permit from the department so to do.
κ1971 Statutes of Nevada, Page 128 (CHAPTER 67, AB 96)κ
2. The department shall issue a temporary or seasonal permit only after the apiary, bees, hives, combs, or other used apiary supplies to be moved are free from any disease liable to injure any already established apiary.
3. It shall be unlawful for any person having a seasonal permit to transport or move bees anywhere within the State of Nevada unless he files with the department, within 5 days after the date of moving, a statement of the number of colonies of bees which have been moved and the number of colonies of bees which have been left at the point of origin, stating the definite point both of origin and destination to which such bees have been moved.
4. If any emergency requires the immediate removal of bees, the owner shall notify the department of such emergency and secure permission for moving, but if verbal permission is requested and obtained the applicant shall further file a written request within 5 days after the date of such moving as provided in subsection 3.
5. Whenever the department finds that American foul brood disease exists in more than 1 percent of the colonies in any apiary of 100 or more colonies, or in [more than one colony] one or more colonies in any apiary of less than 100 colonies, it shall quarantine such apiary, giving notice thereof to the owner or bailee and posting a copy of such notice in a conspicuous place in such apiary.
6. When any such notice has been given as provided in subsection 5, it shall be unlawful, except as provided in NRS 552.280, to move such apiary, or any part thereof, or any other bee equipment from the location until such disease has been eradicated.
7. When in the opinion of the department the disease has been eradicated, it shall issue a permit releasing such apiary.
Sec. 3. Chapter 552 of NRS is hereby amended by adding thereto a new section which shall read as follows:
It is unlawful for any person who ships or transports into the State of Nevada any bees, used beehives, honeycombs or appliances, except queens or bees in screened cages without comb under a permit issued pursuant to NRS 552.210, to keep such bees, used beehives, honeycombs or appliances in the state after the expiration of such permit.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 129κ
Assembly Bill No. 278Mr. Smith
CHAPTER 68
AN ACT relating to false, deceptive or misleading advertising; providing that certain telephone solicitations constitute such advertising when the caller fails to disclose the purpose of such call; providing penalties; and providing other matters properly relating thereto.
[Approved March 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 207.170 is hereby amended to read as follows:
207.170 1. It shall be unlawful for any person, firm, corporation or association to publish, disseminate or display, or cause directly or indirectly to be published, disseminated or displayed, in any manner or by any means, including solicitation or dissemination by mail, telephone or door-to-door contacts, any false, deceptive or misleading advertising, with knowledge of the facts which render the advertising false, deceptive or misleading, for any business, trade or commercial purpose or for the purpose of inducing, or which is likely to induce, directly or indirectly, the public to purchase, consume, lease, dispose of, utilize or sell any property or service, or to enter into any obligation or transaction relating thereto.
2. As used in subsection 1, false, deceptive or misleading advertising by means of telephone includes, but is not limited to, any communication which is so made with the intent to solicit any person to purchase any merchandise, property or services, without initially disclosing such intent to the person.
3. Nothing in this section shall apply to any radio or television broadcasting station which broadcasts, or to any publisher, printer, distributor or owner of any newspaper, magazine, billboard or other advertising medium who publishes, prints or distributes, such advertising in good faith without knowledge of its false, deceptive or misleading character.
[3.] 4. Any person, firm, or any officer or managing agent of any corporation or association, who shall violate the provisions of subsection 1 shall, upon conviction, be punished:
(a) For the first or second offense, for a misdemeanor.
(b) For the third offense and all subsequent offenses, for a gross misdemeanor.
[4.] 5. The attorney general or the district attorneys of the several counties may bring an action in the district court to restrain and prevent any person from violating any provision of this section.
[5.] 6. Any person who violates any order or injunction issued pursuant to this section is guilty of a gross misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 130κ
Assembly Bill No. 288Miss Hawkins and Mr. Hafen
CHAPTER 69
AN ACT relating to the city-county relief tax; providing for the adoption of such tax in counties having no incorporated cities; and providing other matters properly relating thereto.
[Approved March 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 377.030 is hereby amended to read as follows:
377.030 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. The board of county commissioners of a county having no incorporated cities may on its own motion enact an ordinance imposing a city-county relief tax.
4. 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.] 5. 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. In the case of an ordinance adopted pursuant to subsection 3, the provisions thereof may be repealed by proper action of the board of county commissioners.
Sec. 2. NRS 377.050 is hereby amended to read as follows:
377.050 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.
κ1971 Statutes of Nevada, Page 131 (CHAPTER 69, AB 288)κ
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.
(c) If there are no incorporated cities in the county, deposit all such moneys in the county general fund.
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.
________
Assembly Bill No. 300Mr. Fry (by request)
CHAPTER 70
AN ACT relating to dead bodies; providing that certain relatives of an unemancipated minor are responsible for burial or cremation of such a minor after death; and providing other matters properly relating thereto.
[Approved March 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 451 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The husband or wife of a minor child or the parent of an unmarried or otherwise unemancipated minor child shall be primarily responsible for the decent burial or cremation of his or her spouse or such child within a reasonable time after death.
Sec. 3. If the governing body of any county, incorporated or unincorporated city or town within the State of Nevada:
1. Must arrange for and order the decent burial of any person dying within such county, city or town, leaving a husband or wife or parent in whose custody such person remained at the time he or she died, which husband or wife or parent is not indigent and not otherwise eligible for assistance as a poor person; and
2. Expenses for a decent burial have been paid out of public funds pursuant to such an order,
the county, city or town shall be reimbursed for its expenses of burial of the dead body of such person by the husband, wife or parent charged by law with the duty of burial.
κ1971 Statutes of Nevada, Page 132 (CHAPTER 70, AB 300)κ
the dead body of such person by the husband, wife or parent charged by law with the duty of burial.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 599Mr. Swallow
CHAPTER 71
AN ACT relating to days of observance; directing the governor to make an annual proclamation of Nevada Mineral Industry Week.
[Approved March 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 236 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The governor shall annually proclaim the first week in February to be Nevada Mineral Industry Week to commemorate the important role mining has had in the history and economy of the state.
2. The proclamation shall call upon news media, educators and state officials to call the attention of the citizens of Nevada to the history of mining in the state and the role it plays in the development of the culture and economy of its people.
________
Senate Bill No. 410Committee on Judiciary
CHAPTER 72
AN ACT eliminating a conflict in the law governing juvenile correctional institutions by repealing the offending section.
[Approved March 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 210.720 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 133κ
Assembly Bill No. 312Mr. Frank Young, Mrs. Frazzini, Messrs. Smith, Hilbrecht, Prince, Hafen, Mrs. Brookman, Messrs. Dreyer, Howard, Lingenfelter, McKissick, Schofield, Swallow, Mrs. White, Messrs. Smalley, Jacobsen, May and Homer
CHAPTER 73
AN ACT relating to county and district libraries; eliminating the option of electing district library trustees and providing for their appointment only; limiting the appointment of county and district library trustees to a certain number of terms of a certain length; providing for the removal of trustees for nonfeasance; and providing other matters properly relating thereto.
[Approved March 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 379.020 is hereby amended to read as follows:
379.020 1. The board of county commissioners shall appoint five competent persons who are residents of the county, who shall be known as county library trustees. Three trustees shall hold office for the terms of 1, 2 and 3 years respectively, and two trustees shall hold office for terms of 4 years. Annually thereafter, the board of county commissioners shall appoint one trustee who shall hold office for a term of 4 years, except that in those years in which the terms of two trustees expire, the board of county commissioners shall appoint two trustees for terms of 4 years. County library trustees shall hold office until their successors are appointed and qualified.
2. No trustee may be appointed to hold office for more than two consecutive 4-year terms.
3. All vacancies which may occur at any time in the office of county library trustee shall be filled by appointment by the board of county commissioners.
[3.] 4. County library trustees shall serve without compensation.
5. The board of county commissioners may remove any trustee who fails, without cause, to attend three successive meetings of the trustees.
Sec. 2. NRS 379.022 is hereby amended to read as follows:
379.022 1. After ordering the creation of a county library district and the establishment of a free public library therein as provided in NRS 379.021, the board of county commissioners shall appoint five competent persons who are residents of such county library district who shall be known as district library trustees. [The trustees so appointed shall serve until their successors have been elected and qualified. The first election of trustees shall be at the first general election which occurs more than 4 months following the creation of the county library district. The terms of all district library trustees appointed subsequent to March 1, 1965, shall expire on the election and appointment of their successors. District library trustees appointed prior to March 1, 1965, shall determine whether appointment or election of trustees is in the best interests of library service in the districts which they serve, and proceed accordingly.
2. At the first election of district library trustees in any county library district, five trustees shall be elected at large as follows:
(a) Three persons shall be elected for a term of 2 years.
(b) Two persons shall be elected for a term of 4 years.
κ1971 Statutes of Nevada, Page 134 (CHAPTER 73, AB 312)κ
(c) Thereafter, at each general election, the offices of district library trustees shall be filled for terms of 4 years in the order in which the terms expire.
3. If a board of district library trustees has determined pursuant to subsection 1 that trustees should be appointed, the term of each member of such board shall expire on the date provided at the time of his appointment, and at the expiration of each such term the board of county commissioners shall appoint a competent person resident in the county library district to serve for a term of 4 years.]
2. The term of office of the trustees appointed after July 1, 1971, pursuant to subsection 1 is as follows:
(a) Three persons shall be appointed for a term of 2 years.
(b) Two persons shall be appointed for a term of 4 years.
Thereafter the offices of district library trustees shall be filled for terms of 4 years in the order in which the terms expire. No person may be appointed to hold office for more than two consecutive 4-year terms.
3. A vacancy occurring because of the expiration of the term in any office of district library trustee filled by election or appointment prior to July 1, 1971, shall be filled by an appointment by the board of county commissioners for a term of 4 years.
4. A vacancy in the office of district library trustee which occurs other than by expiration of the term shall be filled by appointment by the board of county commissioners for the unexpired term.
5. District library trustees shall serve without compensation.
6. The board of county commissioners may remove any district library trustee who fails, without cause, to attend three successive meetings of the trustees.
________
Assembly Bill No. 272Mesdames Frazzini, White, Messrs. Capurro, Poggione, Misses Hawkins, Foote, Mrs. Brookman, Messrs. Homer, Smalley, Prince, Lauri, Wilson, Ronzone, Dini, Dreyer, Smith, Frank Young, Hilbrecht, Glaser, Ashworth, Kean, Bryan and Getto
CHAPTER 74
AN ACT relating to certificates of birth; prohibiting any notation of legitimacy or illegitimacy upon any such certificate; authorizing the issuance of substitute certificates for those previously issued upon which illegitimacy of a person or child is noted; and providing other matters properly relating thereto.
[Approved March 23, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 440.290 is hereby amended to read as follows:
440.290 The form of the birth certificate to be used under this chapter shall include as a minimum the items required by the standard certificate of live birth as recommended by the United States Bureau of the Census [.] , but no certificate to be used under this chapter shall include any notation of legitimacy or illegitimacy.
κ1971 Statutes of Nevada, Page 135 (CHAPTER 74, AB 272)κ
Sec. 2. NRS 440.320 is hereby amended to read as follows:
440.320 1. In case of the legitimation of any child by subsequent marriage of its parents, the state registrar, upon receipt of a certified copy of the marriage certificate of the parents, together with a statement of the husband acknowledging paternity, shall prepare a new certificate of birth in the new name of the child so legitimated.
2. The new certificate shall not include any notation concerning the original certificate of birth of such child.
3. The evidence upon which the new certificate was made and the original certificate shall be sealed and filed and may be opened only upon the order of a court of competent jurisdiction.
Sec. 3. Chapter 440 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person, or any parent or guardian, of a child with respect to whom a certificate of birth has been issued by this state indicating the illegitimacy of the person or child may apply to the state registrar for a new certificate which does not contain any notation of illegitimacy, and upon such application the state registrar shall issue such a certificate.
________
Assembly Bill No. 404Messrs. McKissick and Capurro
CHAPTER 75
AN ACT to amend an act entitled An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1903, as amended.
[Approved March 24, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of Article IV of the charter of the City of Reno, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, and as last amended by chapter 244, Statutes of Nevada 1959, at page 288, is hereby amended to read as follows:
Section 1. There shall be a city clerk, who shall be [elected by the qualified electors of the city at each general city election,] appointed by the city council, and he shall hold office for the term of 4 years and until his successor has been duly [elected] appointed and qualified. Any person elected to the office of city clerk before the effective date of this amendatory act shall continue to hold office until the expiration of the term for which he may have been elected. No person shall be eligible for said office who shall not be a bona fide resident of the city for a period of at least 1 year next preceding his [election,] appointment, and who is not a citizen of the state, and of the age of at least 21 years, and a taxpayer and elector in said city.
κ1971 Statutes of Nevada, Page 136 (CHAPTER 75, AB 404)κ
Sec. 2. Section 5 of Article IV of the charter of the City of Reno, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, and as last amended by chapter 242, Statutes of Nevada 1963, at page 415, is hereby amended to read as follows:
Section 5. The city clerk shall receive an annual salary the amount of which shall be fixed by the city council by resolution. [at not less than $9,000 nor more than $12,000, payable in 12 equal monthly installments. When the city council has fixed the amount of the annual salary of the city clerk by resolution pursuant to this section, such amount may thereafter be increased but not decreased during the term of office of the city clerk.]
Sec. 3. Section 1 of Article XVII of the charter of the City of Reno, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, and as last amended by chapter 185, Statutes of Nevada 1963, at page 292, is hereby amended to read as follows:
Section 1. A primary municipal election shall be held in the city on the first Tuesday after the first Monday in May, 1963, and on the same day every 4 years thereafter, at which time there shall be nominated candidates for councilmen from the second and fourth wards and one councilman at large, city attorney [, city clerk] and police judge. There shall also be nominated at such election in 1963 candidates for councilman from the first, third and fifth wards and one councilman at large, to serve for terms of 2 years. On the first Tuesday after the first Monday in May 1965, and on the same day every 4 years thereafter, a primary council election shall be held, at which time there shall be nominated candidates for city councilman from the first, third and fifth wards and one councilman at large.
A candidate for any office to be voted for at a primary municipal or council election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of primary 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 of $25 for filing an affidavit of candidacy. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.
All candidates shall be voted upon by the electors of the city at large. If only two candidates file affidavits of candidacy for an office, their names shall not be placed on the ballot for the primary municipal or council election but shall be placed on the ballot for the general municipal or council election. If more than two candidates file affidavits of candidacy for an office, the names of the two candidates for each office receiving the highest number of votes in the primary municipal or council election shall be placed on the ballot for the general municipal or council election.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June, 1963, and on the same day every 4 years thereafter, at which time there shall be elected councilmen from the second and fourth wards and one councilman at large, one city attorney [, one city clerk] and one police judge. There shall also be elected at such election in 1963 councilmen from the first, third and fifth wards and one councilman at large to serve for terms of 2 years. On the first Tuesday after the first Monday in June 1965, and on the same day every 4 years thereafter, a general council election shall be held, at which time there shall be elected councilmen from the first, third and fifth wards of the city and one councilman at large.
κ1971 Statutes of Nevada, Page 137 (CHAPTER 75, AB 404)κ
after the first Monday in June 1965, and on the same day every 4 years thereafter, a general council election shall be held, at which time there shall be elected councilmen from the first, third and fifth wards of the city and one councilman at large. All candidates at the general municipal or council election shall be voted upon by the electors of the city at large.
All elections held under this charter shall be governed by the provisions of the election laws of the state, so far as the same can be made applicable and which are not inconsistent herewith. The conduct and carrying on of all city elections shall be under the control of the city council, and they shall by ordinance provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things required to carry the same into effect.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 8Senator Monroe
CHAPTER 76
AN ACT relating to rules and regulations of the state board of health; clarifying language concerning their effect on local ordinances and regulations; and providing other matters properly relating thereto.
[Approved March 24, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 439.200 is hereby amended to read as follows:
439.200 1. The state board of health shall have the power by affirmative vote of a majority of its members to adopt, promulgate, amend and enforce reasonable rules and regulations consistent with law:
(a) To define and control dangerous communicable diseases.
(b) To prevent and control nuisances.
(c) To regulate sanitation and sanitary practices in the interests of the public health.
(d) To provide for the sanitary protection of water and food supplies and the control of sewage disposal.
(e) To govern and define the powers and duties of local boards of health and health officers.
(f) To protect and promote the public health generally.
(g) To carry out all other purposes of this chapter.
2. Such rules and regulations shall have the force and effect of law and shall supersede all local ordinances and regulations heretofore or hereafter enacted inconsistent therewith [.] , except those local ordinances and regulations which are more stringent than the state rules and regulations provided for in this section.
3. A copy of every rule and regulation adopted by the state board of health and every rule and regulation approved by such board pursuant to NRS 439.350 and 439.460, showing the date that any such rules and regulations take effect, shall be filed with the secretary of state, and copies of such rules and regulations shall be published immediately after adoption and issued in pamphlet form for distribution to local health officers and the citizens of the state.
κ1971 Statutes of Nevada, Page 138 (CHAPTER 76, SB 8)κ
of such rules and regulations shall be published immediately after adoption and issued in pamphlet form for distribution to local health officers and the citizens of the state.
4. A certified copy of any rules or regulations specified in subsection 3 shall be received by all courts and administrative hearing bodies in this state as prima facie evidence of such rules and regulations.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 403Messrs. Valentine, Mello, Miss Foote, Messrs. Smalley, Dreyer, May, Schofield, Swallow and Prince
CHAPTER 77
AN ACT prohibiting any provision in an accident and health insurance policy denying an insured the free choice of use of services of a licensed optometrist, and providing other matters properly relating thereto.
[Approved March 24, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 692.105 is hereby amended to read as follows:
692.105 1. No group accident and health policy, policy of accident and sickness insurance issued for delivery to an individual, or individual policy of accident and health insurance issued to a debtor, issued after April 12, 1967, in or for delivery in this state may contain any provision denying to an insured the free choice of any podiatrist licensed under chapter 635 of NRS to perform any medical or surgical service or procedure covered by the policy which such podiatrist is entitled by his license to perform.
2. No group accident and health policy, policy of accident and sickness insurance issued for delivery to an individual, or individual policy of accident and health insurance issued to a debtor, issued after July 1, 1971, in or for delivery in this state may contain any provision denying to an insured the complete freedom to use the services of any optometrist licensed under chapter 636 of NRS to perform any vision care service or procedure covered by the policy which such optometrist is entitled by his license to perform.
3. Any such provision contained in any such policy is void, but shall not affect the validity of any other provision of the policy.
________
κ1971 Statutes of Nevada, Page 139κ
Assembly Bill No. 338Mr. Dreyer
CHAPTER 78
AN ACT defining the term school bus to make the definitions in two separate sections of Nevada Revised Statutes consistent.
[Approved March 24, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.160 is hereby amended to read as follows:
483.160 1. School bus means every motor vehicle [regularly used for the transportation of pupils to or from school or school activities, except motor vehicles of the pleasure car type when carrying not more than eight pupils and the driver.] owned by or under the control of a public or governmental agency or a private school and regularly operated for the transportation of children to or from school or a school activity or privately owned and regularly operated for compensation for the transportation of children to or from school or a school activity.
2. School bus does not include a passenger car operated under a contract to transport children to and from school, a common carrier or commercial vehicle under the jurisdiction of the Interstate Commerce Commission or the public service commission of Nevada when such vehicle is operated in the regular conduct of its business in interstate or intrastate commerce within the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 348Committee on Government Affairs
CHAPTER 79
AN ACT relating to the department of the military; changing the status of army and air technicians from civilian employees under the jurisdiction and control of the department to federal employees; and providing other matters properly relating thereto.
[Approved March 24, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 412.074 is hereby amended to read as follows:
412.074 Army and air technicians are [civilian employees authorized by National Guard Bureau directives and paid from federal funds allocated to the state. As such they are state employees and are subject to the jurisdiction and control of the department.] by law federal employees and civilian employees of the United States Army or the United States Air Force, as determined by their service assignments. As federal employees, technicians are subject to all civil service laws and Civil Service Commission and Department of Defense civilian personnel rules and regulations, and to National Guard Bureau regulations.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 140κ
Senate Bill No. 135Committee on Transportation
CHAPTER 80
AN ACT to permit the state department of highways to reserve easements, rights, and interests in property that is sold or exchanged by it; and providing other matters properly relating thereto.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.999 is hereby amended to read as follows:
408.999 1. All real property, interests therein or improvements thereon and personal property heretofore or hereafter acquired in accordance with the provisions of NRS 408.970 and chapter 409 of NRS shall, after board approval, be disposed of by the engineer in accordance with the provisions of this section, when such property is found to be no longer required for highway purposes or for other reasonable public use, for not less than such sums of money as may be determined by the board to be for the best interests of the state, except that:
(a) When such property was originally donated to the state, then no charge shall be made for the same if returned to the original owner or to the holder of the reversionary right.
(b) When such property has been wholly or partially paid for by towns, cities, or counties, then disposal of the same and of money received therefor shall be agreed upon by the governing bodies of the towns, cities and counties and the department.
(c) When the title to such real property has been acquired in fee under NRS 408.970 and, in the opinion of the board, 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 highway, the board may first offer such property to such owner at a price determined by the board to be in the best interest of the state.
(d) When the title to such property has been acquired under chapter 409 of NRS, the board shall give notice of its intention to dispose of such property by publication in a newspaper of general circulation in the county where such property is situated. The notice shall include the boards appraisal of the fair market value of the property. Any person from whom such property was purchased, or any person who has acquired such vendors rights in the premises by descent, devise or purchase, may purchase such property from the board within 60 days after the date of such notice at such fair market value.
2. All such property, interests or improvements shall be sold by the department 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. Such auctions and bid openings shall be conducted by the department.
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 chapter that the department acted within its lawful authority in acquiring and disposing of such property, and that the engineer acted within his lawful authority in executing any conveyance vesting title in such purchaser.
κ1971 Statutes of Nevada, Page 141 (CHAPTER 80, SB 135)κ
improvement thereon conveyed pursuant to this chapter that the department acted within its lawful authority in acquiring and disposing of such property, and that the engineer acted within his lawful authority in executing any conveyance vesting title in such purchaser. All such conveyances shall be quitclaim in nature and the department shall not warrant title, furnish title insurance or United States documentary stamps.
4. Except as provided in NRS 409.160, all sums of money received by the department for the sale of such real and personal property shall be deposited with the state treasurer to be credited to the state highway fund, unless the Bureau of Public Roads participated in acquisition of the property, in which case a pro rata share of the moneys obtained by disposal of the property shall be paid to the Bureau of Public Roads.
5. The department may reserve and except easements, rights or interests from the conveyance of any real property disposed of in accordance with this section or exchanged pursuant to subsection 6 of NRS 408.970. Such easements, rights or interests include, but are not limited to:
(a) Abutters rights of light, view or air.
(b) Easements of access to and from abutting land.
(c) Covenants prohibiting the use of signs, structures or devices advertising activities not conducted, services not rendered or goods not produced or available on the real property.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 254Committee on Labor
CHAPTER 81
AN ACT permitting the inspector of mines and deputy inspectors of mines to enter and examine any mine at all reasonable hours without prior notice; and providing other matters properly relating thereto.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 512.180 is hereby amended to read as follows:
1. [After notifying the officer in charge, if there is one, the] The inspector of mines or his deputy inspectors of mines shall have full power and authority, at all reasonable hours, to enter and examine any and all mines in this state, and shall have the right to enter into any and all mine stopes, levels, winzes, tunnels, shafts, drifts, crosscuts, workings, machinery, open cuts and open pits for the purpose of such examination. The owner, lessor, lessee, agent, manager, or other person in charge of such mine or mines shall render the inspector of mines and his deputy inspectors of mines such assistance as may be required by [the inspector of mines] any of them to enable [him] them to make a full, thorough and complete examination of each and every part of such mine or mines.
2. Refusal of any owner, lessor, lessee, agent, manager, or other person in charge of such mine or mines to allow the inspector of mines or his deputy inspectors of mines access to the mine or mines or to any part thereof shall be a misdemeanor.
κ1971 Statutes of Nevada, Page 142 (CHAPTER 81, SB 254)κ
person in charge of such mine or mines to allow the inspector of mines or his deputy inspectors of mines access to the mine or mines or to any part thereof shall be a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 377Committee on Judiciary
CHAPTER 82
AN ACT repealing an unnecessary and ambiguous traffic law.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.281 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 450Committee on Taxation
CHAPTER 83
AN ACT relating to taxation; clarifying exemptions from the property tax; and providing other matters properly relating thereto.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.080 is hereby amended to read as follows:
361.080 The property of widows and orphan children, not to exceed the amount of $1,000 [,] assessed valuation, shall be exempt from taxation, but no such exemption shall be allowed to anyone but actual bona fide residents of this state, and shall be allowed in but one county in this state to the same family. For the purpose of this section, property in which such person has any interest shall be deemed the property of such person. The person or persons claiming such exemption shall make an affidavit, before the county assessor, of such residence and that such exemption has been claimed in no other county in this state for that year.
Sec. 2. NRS 361.085 is hereby amended to read as follows:
361.085 1. The property, including community property to the extent only of his or her right or interest therein, of all totally blind persons, not to exceed the amount of $3,000 [,] assessed valuation, shall be exempt from taxation, but no such exemption shall be allowed to anyone but actual bona fide residents of this state, and shall be allowed in but one county in this state to the same family. The person or persons claiming such exemption shall make an affidavit, before the county assessor, of such residence and that such exemption has been claimed in no other county in this state for that year.
κ1971 Statutes of Nevada, Page 143 (CHAPTER 83, SB 450)κ
such exemption shall make an affidavit, before the county assessor, of such residence and that such exemption has been claimed in no other county in this state for that year. Upon first claiming such exemption in a county the claimant shall furnish to the assessor a certificate of a physician licensed under the laws of this state setting forth that he has examined the claimant and has found him to be a totally blind person.
2. As used in subsection 1, totally blind persons includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
Sec. 3. NRS 361.095 is hereby amended to read as follows:
361.095 The real property owned and used exclusively by any post of any national organization of ex-service men or women for the legitimate purposes and customary objects of such posts shall be exempt from taxation, but such exemption shall in no case exceed the sum of $5,000 assessed valuation to any one post or organization thereof.
Sec. 4. NRS 361.135 is hereby amended to read as follows:
361.135 1. The funds, furniture, paraphernalia and regalia owned by any lodge of the Benevolent Protective Order of Elks, Fraternal Order of Eagles, Free and Accepted Masons, Independent Order of Odd Fellows, Knights of Pythias or Knights of Columbus, or by any similar charitable organization, or by any benevolent or charitable society, so long as the same shall be used for the legitimate purposes of such lodge or society or for such charitable or benevolent purposes, shall be exempt from taxation, but such exemption shall in no case exceed the sum of $5,000 assessed valuation to any one lodge, society or organization.
2. The real estate and fixtures of any such organization or society shall be exempt from taxation, but when any such property is used for purposes other than those of such organization or society, and a rent or other valuable consideration is received for its use, the property so used shall be taxed.
3. Where any structure or parcel of land is used partly for the purposes of such organization or society and partly for rental purposes, the area used for rental purposes shall be assessed separately and that portion only shall be taxed.
Sec. 5. NRS 361.145 is hereby amended to read as follows:
361.145 The buildings, furniture and equipment of noncommercial theaters owned and operated by nonprofit educational corporations organized for the exclusive purpose of conducting classes in theater practice and the production of plays on a nonprofessional basis shall be exempt from taxation; provided:
1. That such corporation shall provide in its articles of incorporation that the property for which the tax exemption is requested shall revert to the county in which it is located upon the cessation of the activities of the noncommercial theater; and
2. That such exemption shall in no case exceed the sum of $5,000 assessed valuation to any one such nonprofit educational corporation.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 144κ
Senate Bill No. 409Committee on Judiciary
CHAPTER 84
AN ACT relating to repeal of criminal statutes; perpetuating penalties, forfeitures or liabilities after repeal except in certain instances; continuing the right to prosecute after repeal for acts committed while a statute is in force; and providing other matters properly relating thereto.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 193 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any repeal, express or implied, of any statute shall not release or extinguish any penalty, forfeiture or liability incurred under such statute, unless the repealing act expressly so provides.
2. The repeal of any law creating a criminal offense does not constitute a bar to the indictment or information and punishment of an act already committed in violation of the law so repealed, unless the intention to bar the indictment and information and punishment is expressly declared in the repealing statute.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 155Committee on Finance
CHAPTER 85
AN ACT making an appropriation from the general fund in the state treasury to the department of administration for the purpose of purchasing new automobiles for the state motor pool.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury the sum of $75,000 to the department of administration for the purpose of purchasing new automobiles for the state motor pool.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 145κ
Senate Bill No. 367Community on Judiciary
CHAPTER 86
AN ACT repealing an unconstitutional provision relating to involuntary dismissal of civil actions for want of prosecution.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 14.150 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 606Mr. Smalley
CHAPTER 87
AN ACT relating to vehicle licensing and registration; prohibiting alteration, destruction or defacement of motor numbers; providing a penalty; and providing other matters properly relating thereto.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No person shall intentionally deface, destroy or alter the motor number, other distinguishing number or identification mark of a vehicle required or employed for registration purposes without written authorization from the department, nor shall any person place or stamp any serial, motor or other number or mark upon a vehicle except one assigned thereto by the department.
2. This section does not prohibit the restoration by an owner of the original vehicle identification number when the restoration is authorized by the department, nor prevent any manufacturer from placing in the ordinary course of business numbers or marks upon new motor vehicles or new parts thereof.
3. Any person who violates any provisions of this section is guilty of a gross misdemeanor.
________
κ1971 Statutes of Nevada, Page 146κ
Senate Bill No. 401Committee on Judiciary
CHAPTER 88
AN ACT clarifying the requirements for articles of incorporation of nonprofit cooperative corporations pertaining to voting power of the members.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 81.040 is hereby amended to read as follows:
81.040 Each corporation formed under NRS 81.010 to 81.160, inclusive, must prepare and file articles of incorporation in writing, setting forth:
1. The name of the corporation.
2. The purpose for which it is formed.
3. The place where its principal business will be transacted; but other meetings of the association or meetings of the board of directors may be held within or without the state.
4. The term for which it is to exist, not exceeding 50 years.
5. If formed with capital stock, the amount of its capital stock and the number and par value and the shares into which it is divided, and the amount of common and of preferred stock that may be issued with the preferences, privileges, voting rights, restrictions and qualifications pertaining thereto.
6. The names and addresses of those selected to act as directors, not less than three, for the first year or until their successors have been elected and have accepted office.
7. Whether [the voting power and] the property rights and interest of each member shall be equal or unequal, and if unequal the articles shall set forth a general rule or rules applicable to all members by which the [voting power and the] property rights and interests, respectively, of each member may and shall be determined and fixed, but the corporation shall have power to admit new members who shall be entitled to vote and to share in the property of the corporation with the old members, in accordance with such general rule.
Sec. 2. NRS 81.100 is hereby amended to read as follows:
81.100 If the bylaws shall provide for [unequal voting power, or] unequal property rights of the several members, [or both,] the provisions of NRS 81.010 to 81.160, inclusive, with reference to a majority, a two-thirds, or other vote of the members, shall not apply, and in lieu thereof, there shall be substituted a majority of the votes of the interests represented by the several members or otherwise as the case may be.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 147κ
Assembly Bill No. 212Committee on Ways and Means
CHAPTER 89
AN ACT making additional and supplemental appropriations from the general fund in the state treasury for the support of certain state officers, departments, agencies, institutions and public assistance programs; and providing other matters properly relating thereto.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1971, there is hereby appropriated from the general fund in the state treasury:
1. The sum of $10,274 to the health division of the department of health, welfare and rehabilitation for the purpose of paying a claim of the Federal Government for a 1964 audit exception to a juvenile delinquency grant.
2. The sum of $657,889 to the welfare division of the department of health, welfare and rehabilitation for the purpose of paying aid to dependent children as an additional and supplemental appropriation to that allowed and made by section 30 of chapter 658, Statutes of Nevada 1969.
3. To the Nevada youth training center division of the department of health, welfare and rehabilitation as additional and supplemental appropriations to that allowed and made by section 30 of chapter 658, Statutes of Nevada 1969, the sum of $83,613 for operating expenses and the sum of $16,000 for emergency repairs to the central heating system.
4. The sum of $141,001 to the welfare division of the department of health, welfare and rehabilitation for the purpose of making old-age assistance payments as an additional and supplemental appropriation to that allowed and made by section 30 of chapter 658, Statutes of Nevada 1969.
5. The sum of $98,290 to the Nevada girls training center division of the department of health, welfare and rehabilitation as an additional and supplemental appropriation to that allowed and made by section 30 of chapter 658, Statutes of Nevada 1969.
6. The sum of $5,000 to the alcoholism division of the department of health, welfare and rehabilitation as an additional and supplemental appropriation to that allowed and made by section 30 of chapter 658, Statutes of Nevada 1969.
7. The sum of $111,974 to the medical care unit, Title XIX, of the welfare division of the department of health, welfare and rehabilitation as an additional and supplemental appropriation to that allowed and made by section 30 of chapter 658, Statutes of Nevada 1969.
8. The sum of $8,500 to the Nevada state hospital in the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation, as an additional and supplemental appropriation to that allowed and made by section 30 of chapter 658, Statutes of Nevada 1969, for the purchase of two minibuses.
Sec. 2. After June 30, 1971, unexpended balances of the appropriations made by section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on June 30, 1972.
κ1971 Statutes of Nevada, Page 148 (CHAPTER 89, AB 212)κ
expenditure and shall revert to the general fund in the state treasury on June 30, 1972.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 402Committee on Judiciary
CHAPTER 90
AN ACT revising redundant and ambiguous language in law setting forth reasons for prohibiting service as the executor of the estate of a deceased person.
[Approved March 29, 1971]
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] Is under the age of majority; or
(b) [Who shall have] Has been convicted of a felony; or
(c) [Who, upon proof, shall be] Upon proof, is 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] Is 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.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 404Committee on Judiciary
CHAPTER 91
AN ACT relating to procedure in criminal cases; repealing an unconstitutional provision relating to the time for trial of a defendant held in another jurisdiction.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 178.558 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 149κ
Senate Bill No. 405Committee on Judiciary
CHAPTER 92
AN ACT relating to criminal appeals to the Nevada supreme court; providing new procedure for sending notification of such appeal; and providing other matters properly relating thereto.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 177.075 is hereby amended to read as follows:
177.075 1. Except where appeal is automatic, an appeal from a district court to the supreme court is taken by filing with the clerk of the district court a notice of appeal in duplicate. Bills of exception and assignments of error in cases governed by this chapter are abolished.
2. When a court imposes sentence upon a defendant who has not pleaded guilty and who is without counsel, the court shall advise the defendant of his right to appeal, and if he so requests, the clerk shall prepare and file forthwith a notice of appeal on his behalf.
3. The notice of appeal shall set forth:
(a) The title of the case;
(b) The name and address of the appellant and of appellants attorney;
(c) A general statement of the offense;
(d) A concise statement of the judgment or order, giving its date and any sentence imposed;
(d) The place of confinement if the defendant is in custody; and
(f) A statement that the appellant appeals from the judgment or order.
4. The notice of appeal shall be signed:
(a) By the appellant or appellants attorney; or
(b) By the clerk if prepared by him.
5. The duplicate notice of appeal and a statement of the docket entries shall be forwarded immediately by the clerk of the district court to the clerk of the supreme court.
6. Notification of the filing of the notice of appeal shall be given by the clerk by mailing copies thereof to adverse parties [,] or their attorneys and the attorney general, but his failure to do so does not affect the validity of the appeal.
7. When the appeal is both from the judgment and from an order denying a motion for a new trial, one notice of appeal so specifying is sufficient.
Sec. 2. NRS 177.195 is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 150κ
Senate Bill No. 408Committee on Judiciary
CHAPTER 93
AN ACT relating to crimes; correcting the penalty for offering false evidence to conform to 1967 revision of penalties for crimes.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 199.210 is hereby amended to read as follows:
199.210 Every person who, upon any trial, hearing, inquiry, investigation or other proceeding authorized by law, shall offer or procure to be offered in evidence, as genuine, any book, paper, document, record or other instrument in writing, knowing the same to have been forged or fraudulently altered, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 393Committee on Judiciary
CHAPTER 94
AN ACT relating to pardons and paroles; repealing an unconstitutional section requiring a minimum period of imprisonment before eligibility for parole in certain cases.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 213.121 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 372Committee on Judiciary
CHAPTER 95
AN ACT concerning crimes against the public peace; extending the law governing disturbing the peace.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 203.010 is hereby amended to read as follows:
203.010 Every person who shall maliciously and willfully disturb the peace or quiet of any neighborhood or person or family by loud or unusual noises, or by tumultuous and offensive conduct, threatening, traducing, quarreling, challenging to fight, or fighting, shall be guilty of a misdemeanor.
κ1971 Statutes of Nevada, Page 151 (CHAPTER 95, SB 372)κ
quarreling, challenging to fight, or fighting, shall be guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 368Committee on Judiciary
CHAPTER 96
AN ACT relating to actions for injury of a minor child; deleting erroneous references to death of the child caused by wrongful act or neglect as a cause of action by a parent or guardian.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 12.080 is hereby amended to read as follows:
12.080 The father and mother jointly, or the father or the mother, without preference to either, may maintain an action for the injury of a minor child who has not been emancipated by marriage, when such injury [or death] is caused by the wrongful act or neglect of another; and a guardian may maintain an action for the injury of his ward, when such injury is caused by the wrongful act or neglect of another, the action by the guardian to be prosecuted for the benefit of the ward. Any such action may be maintained against the person causing the injury, [or death,] or, if such person be employed by another person who is responsible for his conduct, also against such other person.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 215Senator Fransway
CHAPTER 97
AN ACT relating to food establishments; permitting the use of sawdust on the floor of certain food establishments under certain conditions; providing a penalty; and providing other matters properly relating thereto.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 446 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A food establishment engaged in the cutting and packaging of meat, poultry or fish for retail sale may use sawdust on the floors in that area of such establishment not visited by the public if:
κ1971 Statutes of Nevada, Page 152 (CHAPTER 97, SB 215)κ
1. Such sawdust is treated in a manner approved by the health division of the department of health, welfare and rehabilitation; and
2. The floors are cleaned and fresh sawdust is used daily.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 219Committee on Education
CHAPTER 98
AN ACT relating to public education; repealing obsolete provisions in the law relating to compulsory education, school vehicles, accident insurance and fire drills; requiring the posting of fire escape diagrams; and providing other matters properly relating thereto.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 392.400 is hereby amended to read as follows:
392.400 1. All vehicles used in the transportation of pupils shall be:
(a) In good condition and state of repair.
(b) Well equipped, and shall contain sufficient room and seats so that the driver and each pupil being transported shall have a seat inside the vehicle. Each pupil shall remain seated when the vehicle is in motion.
(c) Subject to safety inspections at all times by agents and employees of the department of motor vehicles and the state department of education, who shall make recommendations to the superintendent of schools of the school district wherein such vehicle is operating for the correction of any defects discovered thereby.
2. If the superintendent of schools fails or refuses to take appropriate action to have such defects corrected within 10 days after receiving notice thereof from the department of motor vehicles or the state department of education, he shall be guilty of a misdemeanor, and upon conviction thereof may be removed from office.
3. [On and after July 1, 1956, all] All vehicles used for transporting pupils shall meet the specifications determined by the state board of education.
4. Any person violating any of the requirements of this section 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 15 days nor more than 6 months, or by both fine and imprisonment.
Sec. 2. NRS 392.450 is hereby amended to read as follows:
392.450 1. The board of trustees of a school district shall provide fire drills for the pupils in the schools in the school district at least [twice in each] once a month during the school year.
2. In all cities or towns which have regularly organized, paid fire departments or voluntary fire departments, fire drills shall be conducted under the supervision of the chief of the fire department of the city or town.
κ1971 Statutes of Nevada, Page 153 (CHAPTER 98, SB 219)κ
3. Copies of [this section] fire escape route diagrams and fire drill information as approved by the chief of the fire department or, if there is no fire department, the state fire marshal shall be kept posted in every classroom of every public school by the principal or teacher in charge thereof.
4. The principal, teacher or other person in charge of each school building shall see that the provisions of this section are enforced.
5. Any violation of the provisions of this section is a misdemeanor.
Sec. 3. NRS 392.230 to 392.290, inclusive, and NRS 392.440 are hereby repealed.
________
Senate Bill No. 364Committee on Judiciary
CHAPTER 99
AN ACT removing an ambiguous word from the section of law governing costs in small claims actions.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 73.030 is hereby amended to read as follows:
73.030 1. The justice of the peace shall [, however,] forthwith ascertain and charge as costs against the losing party and in favor of the prevailing party, without the filing of a cost bill, the costs of the proceeding as in other cases arising in justices court, which sum when received by the justice of the peace shall be delivered to the county treasurer in the same manner as other fees are delivered by the justice of the peace.
2. The prevailing party shall deposit the amount ascertained and assessed as costs with the justice of the peace before final judgment is entered by the justice.
________
Senate Bill No. 366Committee on Judiciary
CHAPTER 100
AN ACT relating to claim and delivery; providing a method of determining third party claims where a claim for delivery of property is made; and providing other matters properly relating thereto.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 31.940 is hereby amended to read as follows:
31.940 1. If the property taken be claimed by any other person than the defendant or his agent, and such person make affidavit of his title thereto, or right to possession thereof, stating the grounds of such title or right, and serve the same upon the sheriff, the sheriff shall not be bound to keep the property or deliver it to the plaintiff, unless the plaintiff, on demand of him or his agent, indemnify the sheriff against such claim by an undertaking, made payable in lawful money of the United States, by two sufficient sureties, accompanied by their affidavits that they are each worth double the value of the property, as specified in the affidavit of the plaintiff, over and above their debts and liabilities, exclusive of property exempt from execution, and are freeholders or householders in the county.
κ1971 Statutes of Nevada, Page 154 (CHAPTER 100, SB 366)κ
bound to keep the property or deliver it to the plaintiff, unless the plaintiff, on demand of him or his agent, indemnify the sheriff against such claim by an undertaking, made payable in lawful money of the United States, by two sufficient sureties, accompanied by their affidavits that they are each worth double the value of the property, as specified in the affidavit of the plaintiff, over and above their debts and liabilities, exclusive of property exempt from execution, and are freeholders or householders in the county. No claim to such property by any other person than the defendant or his agent shall be valid against the sheriff unless so made.
2. The title to such property shall be determined in the manner provided for in cases of their party claims after levy under a writ of execution or attachment.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 374Committee on Judiciary
CHAPTER 101
AN ACT relating to industrial insurance; correcting an error in the law governing liability of an employer who misrepresents payroll amounts.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.635 is hereby amended to read as follows:
616.635 Any employer who shall misrepresent to the commission the amount of payroll upon which the premium under this chapter is based shall be liable to the commission in 10 times the amount of the difference in premium paid and the amount the employer should have paid. The liability of the [commission] employer shall be enforced in a civil action in the name of the commission. All sums collected under this section shall be paid into the state insurance fund and the accident benefit fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 387Committee on Judiciary
CHAPTER 102
AN ACT relating to the hours of employment of public employees; exempting employees of the legislative counsel bureau from the limitation on such hours; and providing other matters properly relating thereto.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.100 is hereby amended to read as follows:
281.100 1. Except as otherwise provided in this section, the services and employment of all persons who are now, or may hereafter be, employed by the State of Nevada, or by any county, city, town, township or any other political subdivision thereof, are hereby limited and restricted to not more than 8 hours in any 1 calendar day and not more than 56 hours in any 1 week.
κ1971 Statutes of Nevada, Page 155 (CHAPTER 102, SB 387)κ
employed by the State of Nevada, or by any county, city, town, township or any other political subdivision thereof, are hereby limited and restricted to not more than 8 hours in any 1 calendar day and not more than 56 hours in any 1 week.
2. The period of 8 hours employment mentioned in this section shall commence from the time the employee takes charge of any equipment of the employer or acts as an assistant or helper to a person who is in charge of any equipment of the employer, or enters upon or into any conveyance of or operated by or for the employer at any camp or living quarters provided by the employer for the transportation of employees to the place of work.
3. Nothing in this section shall apply to:
(a) Officials of the State of Nevada or of any county, city, town, township or other political subdivision thereof.
(b) Employees of the State of Nevada or of any county, city, town, township or other political subdivision thereof who are engaged as employees of a fire department, or to nurses in training or working in hospitals, or to deputy sheriffs or jailers.
(c) Employees of the legislative counsel bureau.
(d) Work done directly by any public utility company pursuant to an order of the public service commission or other public authority.
4. Any employee whose hours are limited by subsection 1 may be permitted, or in case of emergency where life or property is in imminent danger may be required, at the discretion of the officer responsible for his employment, to work more than the number of hours limited. If so permitted or required, he shall receive, at the discretion of the responsible officer:
(a) Compensatory vacation time; or
(b) Overtime pay.
5. Any officer or agent of the State of Nevada, or of any county, city, town, township, or other political subdivision thereof, whose duty it shall be to employ, direct or control the services of an employee covered by this section, who violates any of the provisions of this section as to the hours of employment of labor as herein provided, shall be guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 391Committee on Judiciary
CHAPTER 103
AN ACT permitting the legislative counsel bureau to obtain a copyright in certain publications in the name of the state.
[Approved March 29, 1971]
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:
The legislative counsel is authorized to secure copyright under the laws of the United States in all publications issued by the legislative counsel bureau, the copyright to be secured in the name of the State of Nevada.
κ1971 Statutes of Nevada, Page 156 (CHAPTER 103, SB 391)κ
of the United States in all publications issued by the legislative counsel bureau, the copyright to be secured in the name of the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 392Committee on Judiciary
CHAPTER 104
AN ACT requiring the state board of examiners to submit a biennial report to the governor and legislature of its activities relating to compensation for victims of criminal acts.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 217.250 is hereby amended to read as follows:
217.250 The board shall prepare and transmit [annually] biennially 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. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 396Committee on Judiciary
CHAPTER 105
AN ACT clarifying language in the law governing court authorization of a guardian to sell property of the ward; and conforming to other applicable provision, the maximum worth of a wards property which may be distributed without probate proceedings by a guardian upon death of the ward.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 159.129 is hereby amended to read as follows:
159.129 In entering any order authorizing sale of the wards property, or any interest in such property, the court may:
1. Authorize the guardian to enter into a written contract with one or more licensed real estate brokers to secure a purchaser for any real or personal property of the ward. Such contract may provide for the payment to the agent of a commission, not exceeding 5 percent, out of the proceeds of any sale to a purchaser secured by such broker. The commission shall be payable only when the sale is confirmed by the court, if such confirmation is required, and the consideration paid or delivered to the guardian. No personal liability shall attach to the guardian upon execution of such contract.
2. Order the property to be appraised or reappraised either by the appraisers originally appointed by the court or by additional appraisers to be appointed.
κ1971 Statutes of Nevada, Page 157 (CHAPTER 105, SB 396)κ
be appointed. If the property to be sold is real property, or an interest in real property, and more than 1 year has elapsed since the last appraisal, the court shall order a new appraisal.
3. Authorize the sale to be made for cash or on credit. If the sale is to be made on credit, the order shall set forth the minimum terms as to the amount of the down payment, the interest rate on the deferred balance, the security to be given, the [minimum] maximum period of time within which the deferred balance shall be paid, and whether the property should be sold by title retaining contract of sale or whether title shall rest in the purchaser to be secured by mortgage, deed of trust, pledge or other security agreement. The guardian shall not be authorized to offer the property for sale, or accept bids, on terms less favorable than authorized in the order.
4. Authorize the sale to be made subject to any mortgage, deed of trust or other lien which is a valid encumbrance against the property, or direct that the proceeds of the sale be applied to the payment and satisfaction of the mortgage, deed of trust or other lien, after paying the necessary expenses of the sale, including any Federal Housing Administration or other government agency costs of seller in connection with the satisfaction of such prior encumbrance.
5. Authorize the guardian to incur reasonable expenses, not exceeding an amount to be fixed by the court, to secure a title opinion, a title insurance policy or to advertise the property for sale.
6. Authorize the sale of stocks or bonds on an established stock or bond exchange without any further notice, to fix the terms and conditions of the sale, authorize the payment of customary brokerage fees and commissions and dispense with the appraisal of stocks and bonds which have a market value established on a major stock or bond exchange or over-the-counter transaction list.
7. Direct that the property to be sold be offered for sale in separate lots or parcels or in one offering. Personal property and real property may be offered for sale in one parcel if it appears to the court that such method of offering is likely to bring the highest price.
8. Direct that the sale be made at public auction or by private sale.
9. Dispense with the necessity of confirmation of the sale by the court if the property to be sold in personal property with an established market value or if the appraised value is less than $5,000.
Sec. 2. NRS 159.197 is hereby amended to read as follows:
159.197 1. After the winding up of the affairs of the guardianship, the guardian shall deliver physical possession of all of the wards property to the ward, his executor or administrator or the successor guardian, as the case may be, and obtain a receipt therefor.
2. If the guardianship has terminated by reason of the death of the ward, the court, by order, may authorize the guardian to distribute the deceased wards property in the same manner as authorized by NRS 146.070 or 146.080, if the value of the property remaining in the hands of the guardian does not exceed the sum of $1,000 or [$5,000,] $3,000, as the case may be.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 158κ
Senate Bill No. 395Committee on Judiciary
CHAPTER 106
AN ACT correcting terminology in the statute providing for qualifications of guardians.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 159.059 is hereby amended to read as follows:
159.059 Any qualified person or entity that the court finds suitable may serve as a guardian. A person is not qualified to serve as a guardian who is:
1. An incompetent.
2. A minor.
3. A person who has been convicted of a felony.
4. A person suspended for misconduct or disbarred from the practice of law during the period of the suspension or disbarment.
5. A nonresident of this state who has not:
(a) Associated as a [cofiduciary] coguardian a banking corporation whose principal place of business is in this state; and
(b) Caused the appointment to be filed in the guardianship proceeding.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 397Committee on Judiciary
CHAPTER 107
AN ACT clarifying a statutory reference in the Revised Uniform Principal and Income Act.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 164.360 is hereby amended to read as follows:
164.360 Except as specifically provided in the trust instrument, the will or NRS 164.140 to 164.370, inclusive, NRS 164.140 to 164.370, inclusive, apply to any receipt or expense received or incurred after July 1, 1969, by any trust or decedents estate, whether established before or after July 1, 1969, and whether the asset involved was acquired by the trustee before or after July 1, 1969.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 159κ
Senate Bill No. 399Committee on Judiciary
CHAPTER 108
AN ACT deleting a conflicting statutory requirement that a district judge appoint an attorney to represent an indigent criminal defendant at a preliminary examination.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 171.196 is hereby amended to read as follows:
171.196 1. Where the offense is not triable in the justices court, the defendant shall not be called upon to plead. If the defendant waives preliminary examination, the magistrate shall forthwith hold him to answer in the district court.
2. If the defendant does not waive examination, the magistrate shall hear the evidence within 15 days, unless for good cause shown he extends such time. Unless the defendant waives counsel, reasonable time shall be allowed for counsel to appear.
3. Where application is made for the appointment of counsel for an indigent defendant, the magistrate shall postpone the examination until:
(a) The application has been granted or denied [by a district judge;] ; and
(b) If the application is granted, the attorney appointed or the public defender has had reasonable time to appear.
4. The defendant may cross-examine witnesses against him and may introduce evidence in his own behalf.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 382Committee on Judiciary
CHAPTER 109
AN ACT relating to recall of public officers; changing the number of signatures required to recall public officers and nominate their successors to conform to the Nevada constitution; and providing other matters properly relating thereto.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 306.010 is hereby amended to read as follows:
306.010 Every public officer in the State of Nevada is subject to recall from office by the [electors] registered voters of the state or of the county, district or municipality from which he was elected, as provided in this chapter.
Sec. 2. NRS 306.020 is hereby amended to read as follows:
306.020 1. For the purpose of recalling any public officer, there may be filed with the officer with whom the petition for nomination to such office is required by law to be filed a petition signed by [electors who voted in the state, or in the county, district or municipality electing such officer, equal in number to 25 percent of the votes cast in the state, or in the county, district or municipality, for the office of justice of the supreme court for which the highest number of votes for a 6-year term were cast at the last preceding election.]
κ1971 Statutes of Nevada, Page 160 (CHAPTER 109, SB 382)κ
voted in the state, or in the county, district or municipality electing such officer, equal in number to 25 percent of the votes cast in the state, or in the county, district or municipality, for the office of justice of the supreme court for which the highest number of votes for a 6-year term were cast at the last preceding election.] a number of registered voters not less than 25 percent of the number who actually voted in the state, or in the county, district or municipality electing such officer at the last preceding general election.
2. The petition shall also contain the residence addresses of the signers, shall set forth in not to exceed 200 words the reason why the recall is demanded, and shall contain a statement of the minimum number of signatures necessary to the validity of the petition.
Sec. 3. NRS 306.110 is hereby amended to read as follows:
306.110 1. Other candidates for the office may be nominated to be voted for at the special election by petition, which petition shall be signed by [electors] registered voters of the state, or of the county, district or municipality holding the election, equal in number to 25 percent of the number of registered voters who voted in the state, or in the county, district or municipality holding the election at the last preceding general election.
2. The nominating petition shall be filed, at least 15 days prior to the date of the special election, with the officer with whom the recall petition is filed.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 381Committee on Judiciary
CHAPTER 110
AN ACT to repeal NRS 361.063 and chapter 337 of NRS, relating to the Nevada building authority.
[Approved March 29, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.063 and chapter 337 of NRS are hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 161κ
Senate Bill No. 407Committee on Judiciary
CHAPTER 111
AN ACT relating to crimes against decency and morals; limiting the display of obscene materials intended to be sold to adults in order to protect the best interests of minors.
[Approved March 30, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 201.265 is hereby amended to read as follows:
201.265 A person is guilty of a misdemeanor who knowingly:
1. Exhibits for sale, sells or loans for monetary consideration to a minor, or exhibits for sale to an adult in such a manner or location as to allow a minor to view or have access for examination any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors.
2. Exhibits for sale, sells or loans for monetary consideration to a minor, or exhibits for sale to an adult in such a manner or location as to allow a minor to view, read, hear or examine any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in subsection 1, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse, which taken as a whole is harmful to minors.
3. Exhibits for monetary consideration to a minor, sells to a minor an admission ticket or pass or admits a minor, for monetary consideration, to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors, unless such minor is accompanied by his parent, guardian or spouse.
4. Misrepresents that he is the parent, guardian or spouse of a minor for the purpose of obtaining admission of such minor to any motion picture, show or any other presentation which is harmful to minors.
5. Misrepresents his age as 18 or over for the purpose of obtaining admission to any motion picture, show or other presentation which is harmful to minors.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 162κ
Senate Bill No. 355Committee on Finance
CHAPTER 112
AN ACT relating to public purchasing; reconciling certain preferential bidding provisions governing resident supply dealers with similar provisions governing local producers.
[Approved March 30, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 334.007 is hereby amended to read as follows:
334.007 In awarding contracts for furnishing supplies, materials or equipment, either directly or through a contractor or subcontractor, to the State of Nevada or any political subdivision thereof, to be paid for from public funds, the contract shall be awarded to a bidder who furnishes such commodities supplied by a dealer who is a resident of the state and who has for not less than 2 successive years immediately prior to submitting the bid paid state and county taxes within the state on a stock of materials of the kind offered and reasonably sufficient in quantity to meet the requirements of customers from such stock, instead of shipping stock into the state to fill orders previously taken, in preference to a competing bidder who furnishes such commodities not supplied by such a resident dealer whenever the bid of the competing bidder, taking into consideration comparative quality and suitability, is less than:
1. Five percent lower, if the amount of the bid is less than $50,000.
2. Two and one-half percent lower, if the amount of the bid is $50,000 or more, but less than $500,000.
3. One and one-half percent lower, if the amount of the bid is $500,000 or more.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 143Committee on Judiciary
CHAPTER 113
AN ACT permitting landlords to have a lien on property belonging to tenants or guests in houses, multiple dwelling units or commercial units under certain circumstances; providing for the sale of such property by a landlord at public auction; prescribing disposition of the proceeds; barring the right of action against the landlord; and providing other matters properly relating thereto.
[Approved March 30, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.510 is hereby amended to read as follows:
108.510 1. Except as provided in subsection 2, keepers or landlords of furnished or unfurnished apartment houses, [or furnished] bungalow courts, houses, multiple dwelling units or commercial units shall have a lien upon the baggage and other property of value belonging to their tenants or guests, and upon all the right, title and interest of their tenants or guests in and to all property in the possession of such tenants or guests which may be in such [apartment house or furnished bungalow court,] rented property, for:
κ1971 Statutes of Nevada, Page 163 (CHAPTER 113, SB 143)κ
tenants or guests, and upon all the right, title and interest of their tenants or guests in and to all property in the possession of such tenants or guests which may be in such [apartment house or furnished bungalow court,] rented property, for:
(a) The proper charges due from such tenants or guests for their accommodation, rent, services, meals and such extras as are furnished at their request; and
(b) All moneys expended for them at their request; and
(c) The costs of enforcing the lien;
with the right to the possession of such baggage and other property of value until the charges are paid, and the moneys are repaid.
2. The following items belonging to such tenant or guest are exempt from the provisions of this section:
(a) Tools and implements necessary to carry on a trade or employment.
(b) Work uniforms and personal clothing, but not furs, jewelry or other items of unusual value.
(c) All clothing of dependent children.
(d) All prescription medicines and drugs.
3. Unless the charges shall be paid and unless the moneys shall be repaid within 60 days from the time when the charges and moneys, respectively, become due, the keeper or landlord of [an apartment house or furnished bungalow court] the rented property described in subsection 1, may sell the baggage and property at public auction to the highest bidder, after giving notice of the sale as provided in NRS 108.520.
Sec. 2. NRS 108.520 is hereby amended to read as follows:
108.520 Notice of the sale shall be given by:
1. Publication of a notice containing the name of the debtor, the amount due, a brief description of the property to be sold, and the time and place of such sale, once every week for 4 successive weeks prior to the date of sale in a newspaper of general circulation in the county in which the apartment house, [or furnished] bungalow court, house, multiple dwelling unit or commercial unit is situated; and
2. Mailing, at least 15 days prior to the date of the sale, a copy of the notice addressed to the tenant or guest at his post office address, if known, and if not known, the notice shall be addressed to the tenant or guest at the place where the apartment house, [or furnished] bungalow court, house, multiple dwelling unit or commercial unit is situated.
Sec. 3. NRS 108.530 is hereby amended to read as follows:
108.530 1. After satisfying the lien out of the proceeds of the sale, together with any reasonable costs that may have been incurred in enforcing the lien, the residue of the proceeds of sale, if any, shall, upon demand made within 6 months after the sale, be paid by the keeper or landlord of an apartment house, [or furnished] bungalow court, house, multiple dwelling unit or commercial unit to the tenant or guest.
2. If not demanded within 6 months from the date of the sale, the residue, if any, shall be paid into the treasury of the county in which the sale took place; and if the same be not claimed by the owner thereof, or his legal representative, within 1 year thereafter, it shall be paid into the general fund of the county.
κ1971 Statutes of Nevada, Page 164 (CHAPTER 113, SB 143)κ
3. The sale shall be a perpetual bar to any action against the keeper or landlord of an apartment house, [or furnished] bungalow court, house, multiple dwelling unit or commercial unit for the recovery of such baggage or property, or of the value thereof, or for any damages growing out of the failure of the tenant or guest to receive such baggage or property.
________
Senate Bill No. 365Committee on Judiciary
CHAPTER 114
AN ACT prohibiting under the Juvenile Court Act the publishing in or broadcasting or airing by any news medium of a minors name or race in connection with juvenile court proceedings.
[Approved March 30, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 62.200 is hereby amended to read as follows:
62.200 1. If the court shall find that the child is within the purview of this chapter, it shall so decree and may, by order duly entered, proceed as follows:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court shall determine.
(b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children, or place him in a family home. In committing a child to a private institution or agency the court shall select one that is licensed by the welfare division of the department of health, welfare and rehabilitation to care for such children, or, if such institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Nevada girls training center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychologic or other care and treatment as the court may deem to be for the best interests of the child, except as herein otherwise provided.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct or neglect which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
2. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
3. No adjudication by the court upon the status of any child shall operate to impose any of the civil disabilities ordinarily resulting from conviction, nor shall any child be deemed a criminal by reason of such adjudication, nor shall such adjudication be deemed a conviction, nor shall any child be charged with crime or convicted in any court, except as provided in NRS 62.080.
κ1971 Statutes of Nevada, Page 165 (CHAPTER 114, SB 365)κ
shall any child be charged with crime or convicted in any court, except as provided in NRS 62.080. This disposition of a child or any evidence given in the court shall not operate to disqualify the child in any future civil service application or appointment; nor shall the name (except as otherwise provided in this subsection) or race of any such child in connection with any proceedings under this chapter be published in or broadcasted or aired by any [newspaper] news medium without a written order of the court. The name of a child may be published, broadcasted or aired at any time in connection with any proceeding under this chapter only if there have been two previous adjudications that the child has committed offenses which would be felonies if committed by an adult.
4. Whenever the court shall commit a child to any institution or agency it shall transmit at the time the child is received at the institution or prior thereto a summary of its information concerning the child. The institution or agency shall give to the court such information concerning such child as the court may at any time require.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 127Committee on Judiciary
CHAPTER 115
AN ACT relating to court costs; clarifying provisions made for expert witness fees.
[Approved March 30, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 18.010 is hereby amended to read as follows:
18.010 1. The compensation of an attorney and counselor for his services is governed by agreement, express or implied, which is not restrained by law. From the commencement of an action, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his clients cause of action or counterclaim which attaches to a verdict, report, decision or judgment in his clients favor and the proceeds thereof in whosesoever hands they may come, and cannot be affected by any settlement between the parties before or after judgment. There shall be allowed to the prevailing party in any action, or special proceeding in the nature of an action, in the supreme court and district courts, his costs and necessary disbursements in the action or special proceeding, including:
(a) Clerks fees.
(b) Costs of depositions obtained by the prevailing party and used by him at the trial.
(c) Jury fees as provided in NRS 6.150.
(d) Witness fees of witnesses as provided in NRS 48.290.
2. The court may allow to the prevailing party the fees of not more than three expert witnesses in an amount not to exceed $250 [.] for each witness.
κ1971 Statutes of Nevada, Page 166 (CHAPTER 115, SB 127)κ
3. The court may make an allowance of attorneys fees to:
(a) The plaintiff as prevailing party when the plaintiff has not recovered more than $10,000; or
(b) The counterclaimant as prevailing party when he has not recovered more than $10,000; or
(c) The defendant as prevailing party when the plaintiff has not sought recovery in excess of $10,000.
________
Senate Bill No. 341Committee on Federal, State and Local Governments
CHAPTER 116
AN ACT relating to state officers and employees; specifying qualifications for the manager and technical supervisor of the state planning board and his deputy and the state highway engineer and his deputies; and providing other matters properly relating thereto.
[Approved March 30, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 341.100 is hereby amended to read as follows:
341.100 1. The board may appoint a manager and technical supervisor, and such other technical and clerical assistants as may be necessary to carry into effect the purposes of its acts.
2. The manager and technical supervisor of the board and his deputy shall receive annual salaries in the amounts specified in NRS 281.115.
3. The manager and technical supervisor, of the board, and his deputy, shall each be either:
(a) A registered professional engineer pursuant to the provisions of chapter 625 of NRS; or
(b) An architect licensed under the provisions of chapter 623 of NRS.
Sec. 2. NRS 408.160 is hereby amended to read as follows:
408.160 1. The board shall select a state highway engineer who shall be head of the department.
2. The engineer shall be a [competent engineer, skilled and experienced in highway and bridge design, who shall have had at least 5 years experience in highway construction.] registered professional engineer, pursuant to the provisions of chapter 625 of NRS, skilled and experienced in highway design and construction, engineering management, contract negotiations and in negotiations with other agencies.
3. The engineer shall be in the unclassified service of the state.
Sec. 3. NRS 408.175 is hereby amended to read as follows:
408.175 1. Subject to the provisions of chapter 284 of NRS, the engineer shall:
(a) Appoint [assistant] two deputy highway engineers, who shall, be registered professional engineers, pursuant to the provisions of chapter 625 of NRS, and who shall, in the absence, inability or failure of the engineer, have full authority to perform any duty required or permitted by law to be performed by the engineer.
κ1971 Statutes of Nevada, Page 167 (CHAPTER 116, SB 341)κ
engineer, have full authority to perform any duty required or permitted by law to be performed by the engineer.
(b) Employ a chief accountant, who shall be charged with the duty of handling the fiscal affairs and facilities of the department.
(c) Appoint a highway business manager, who shall perform duties as designated pursuant to NRS 408.177.
(d) Employ such engineers, engineering and technical assistants, clerks and other personnel as in his judgment may be necessary to the proper conduct of the department and to carry out the provisions of this chapter.
2. Such employees in the unclassified service of the state shall receive annual salaries in the amounts specified in NRS 281.115.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 142Committee on Finance
CHAPTER 117
AN ACT increasing the limits on the purchase price of state automobiles, including automobiles purchased for the governor and the state highway patrol.
[Approved March 30, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 334.010 is hereby amended to read as follows:
334.010 1. Except as otherwise provided in [subsection 2,] subsections 2 and 3, and except for automobiles to be used as ambulances, any automobile purchased by or on behalf of the State of Nevada, any department, office, bureau, or official or employee thereof, shall cost a sum of money not to exceed [$3,000] $3,500 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.
2. Any automobile purchased by or on behalf of the governor shall cost a sum of money not to exceed [$5,000] $7,500 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.
3. Any automobile purchased for use as a highway patrol vehicle shall cost a sum of money not to exceed $4,000 as the entire purchase price thereof, whether to be paid for entirely in money or in part by exchange of another automobile traded in.
4. No automobile shall be purchased by any department, office, bureau, official or employee of the state without prior written consent of the state board of examiners.
[4.] 5. All such automobiles shall be used for official purposes only.
[5.] 6. All such automobiles, except automobiles maintained for and used by or under the authority and direction of the state board of parole commissioners, the state contractors board and auditors, the state fire marshal and investigators of the state gaming control board and the attorney general, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center, shall be labeled on both sides thereof by painting the words For Official Use Only thereon in plain lettering and by placing a facsimile of the great seal of the State of Nevada thereon.
κ1971 Statutes of Nevada, Page 168 (CHAPTER 117, SB 142)κ
attorney general, and one automobile used by the Nevada state prison, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center, shall be labeled on both sides thereof by painting the words For Official Use Only thereon in plain lettering and by placing a facsimile of the great seal of the State of Nevada thereon. The facsimile shall not be less than 8 inches in diameter and shall be placed or inscribed on the automobile by painting, the use of decalcomania, or other method whereby the same shall be clearly and permanently visible. The public service commission of Nevada shall furnish each state department or officer with stencils, decalcomania, or other materials necessary for placing the facsimile of the great seal on each such automobile and shall charge the necessary costs thereof to the department or officer receiving the same.
[6.] 7. Any officer or employee of the State of Nevada who violates any provision of this section shall be guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 459Mr. Swackhamer
CHAPTER 118
AN ACT creating the higher education capital construction fund in the state treasury; directing that a portion of certain moneys derived from the slot machine tax imposed by NRS 463.385 be deposited in the higher education capital construction fund to be expended only by the board of regents of the University of Nevada for capital improvement projects for the University of Nevada System; specifying that the balance of the receipts derived from such slot machine tax be deposited in the state distributive school fund for the benefit of the school districts of the state; imposing certain duties on the state planning board; designating priority construction projects for the community college division of the University of Nevada System; and providing other matters properly relating thereto.
[Approved March 30, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.385 is hereby amended to read as follows:
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state a tax equal to the amount of any credit which may be allowed against the tax imposed on slot machines by 26 U.S.C. § 4461 or other federal statute for the payment of a state tax. If no such credit is allowed, no tax is payable under this subsection.
2. The commission shall:
(a) Collect the tax annually in advance prior to June 20 as a condition precedent to the issuance of a state gaming license to operate any slot machine.
(b) Include the proceeds of the tax in its reports of state gaming taxes collected.
κ1971 Statutes of Nevada, Page 169 (CHAPTER 118, AB 459)κ
3. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school fund [.] and the higher education capital construction fund, hereby created in the state treasury, in the amounts and to be expended only for the purposes specified in subsections 4 and 5.
4. During each fiscal year the state treasurer shall deposit the first $5 million of the tax paid over to him by the commission in the higher education capital construction fund. When requested by the board of regents of the University of Nevada, moneys in the higher education capital construction fund shall be transferred by the state controller and the state treasurer to the state planning board for the purpose only of constructing capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community college division. As used in this subsection, construction includes but is not limited to planning, design, site acquisition and development, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Unless specifically directed by an act of the legislature concerning priorities of construction of specific projects with moneys in the higher education capital construction fund, the board of regents of the University of Nevada shall determine the order of priority and the needs of the University of Nevada System with respect to expenditures of available moneys in the higher education capital construction fund. Any moneys remaining in the higher education capital construction fund at the end of a fiscal year shall not revert to the general fund in the state treasury but shall remain in the higher education capital construction fund for authorized expenditure.
5. During each fiscal year the state treasurer shall deposit all moneys in excess of the first $5 million of the tax paid over to him by the commission in the state distributive school fund to be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.
Sec. 2. Chapter 341 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In causing the construction of the projects for the University of Nevada System as provided in subsection 4 of NRS 463.385 the state planning board shall:
(a) Cause to be prepared plans, specifications and contract documents necessary to such construction.
(b) Insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to such construction. Each contract document pertaining to such work shall be approved by the attorney general.
(c) Except as otherwise provided in subsection 2, advertise in a newspaper or newspapers of general circulation in the State of Nevada for separate sealed bids for each such construction project. Approved plans and specifications for such construction 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 part or parts of such construction, equipment and furnishing, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereto to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
κ1971 Statutes of Nevada, Page 170 (CHAPTER 118, AB 459)κ
may accept bids on either the whole or on part or parts of such construction, equipment and furnishing, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereto to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
2. The state planning board shall not be required to advertise for sealed bids for construction projects the estimated cost of which is less than $5,000, but the state planning board may solicit firm written bids from not less than two licensed contractors doing business in the area and may thereafter award the contract to the lowest bidder or reject all bids.
Sec. 3. For the biennium commencing July 1, 1971, and ending June 30, 1973, if there are available moneys in the higher education capital construction fund, and if the Clark Community College and the Western Nevada Community College are established by the legislature, then the board of regents of the University of Nevada shall cause to be constructed with such moneys in the following order of priority the construction projects herein specified at costs not to exceed the amounts stated:
Priority Project Cost
1 Instructional building, Clark Community College.......................... $1,889,000
2 Instructional building, Western Nevada Community College..... 1,330,000
3 Instructional building, Elko Community College........................... 719,000
If the legislature does not establish the Clark Community College or the Western Nevada Community College, the board of regents of the University of Nevada shall determine the priority of construction as provided in NRS 463.385.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 77Committee on Education
CHAPTER 119
AN ACT relating to compulsory public education; changing the age at which a child is required to begin attending school after the school year commencing in 1971.
[Approved March 31, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 392.040 is hereby amended to read as follows:
392.040 1. Except as otherwise provided by law, each parent, guardian, or other person in the State of Nevada having control or charge of any child between the ages of 7 and 17 years shall be required to send such child to a public school during all the time such public school is in session in the school district in which such child resides.
κ1971 Statutes of Nevada, Page 171 (CHAPTER 119, SB 77)κ
2. [If] Except as provided in subsection 3, if such child will arrive at the age of 6 years by [December 31,] September 30, the child shall be admitted to the first grade of the school at the beginning of the school year, and his attendance shall be counted for apportionment purposes as if he were already 6 years of age. If a child will not arrive at the age of 6 years by [December 31] September 30 he shall not be admitted until the beginning of the immediately following school term.
3. Any child who will arrive at the age of 6 years by:
(a) December 31, 1971, shall be admitted to the first grade at the beginning of the school year in 1971.
(b) November 30, 1972, shall be admitted to the first grade at the beginning of the school year in 1972.
(c) October 31, 1973, shall be admitted to the first grade at the beginning of the school year in 1973.
________
Senate Bill No. 425Committee on Federal, State and Local Governments
CHAPTER 120
AN ACT changing the date for submission of county auditors annual reports.
[Approved March 31, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.300 is hereby amended to read as follows:
354.300 1. On or before the [3rd Monday of July] 4th Monday of September of each year the county auditor shall, with no additional compensation therefor, submit an annual report to the board of county commissioners and to the Nevada tax commission at Carson City, Nevada. The annual report shall include, among other things, a statement containing the information required by NRS 354.290, summarized for the four preceding quarters and covering the preceding fiscal year. The summary statement shall be made up on forms prescribed by the Nevada tax commission.
2. The county auditor shall cause a reasonable number of copies of his annual report to be printed in pamphlet form for the use of the taxpayers of the county.
3. This section shall be considered mandatory, and any county auditor failing to comply with the provisions of this section shall be punished as provided in NRS 354.310.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 172κ
Assembly Bill No. 324Mr. Swackhamer and Mrs. Brookman
CHAPTER 121
AN ACT relating to the lease of offices outside of state buildings; requiring approval by the state board of examiners of certain leases; and providing other matters properly relating thereto.
[Approved March 31, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 331.110 is hereby amended to read as follows:
331.110 The superintendent shall have the authority to lease and equip office rooms outside of state buildings for the use of state officers and employees, whenever sufficient space for such officers and employees cannot be provided within state buildings [.] , but no such lease may extend beyond the term of 1 year unless it is reviewed and approved by a majority of the members of the state board of examiners.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 390Committee on Judiciary
CHAPTER 122
AN ACT relating to public records; permitting the disposal of certain school district records.
[Approved March 31, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 239.100 is hereby amended to read as follows:
239.100 1. Any law of the State of Nevada to the contrary notwithstanding, it shall be lawful to destroy or otherwise dispose of obsolete records in: [the]
(a) Any school district within the state.
(b) The office of the several county officers in the manner and, where appropriate, according to the time schedule specified in this section.
2. The following may be destroyed after audit by a public accountant as provided in NRS 354.624, and after the expiration of the time indicated:
(a) After 5 years. Sheriffs requisition of licenses and duplicates; duplicate and triplicate bank checks; all old claims against the county except those not affected by limitation; all old warrants superseded by checks; all old fishing and hunting license books.
(b) After 10 years. All county, city and school bonds which have been redeemed and retired.
3. Before destroying the records enumerated in subsection 2, the county auditor shall first obtain the permission of the board of county commissioners and the Nevada tax commission.
κ1971 Statutes of Nevada, Page 173 (CHAPTER 122, SB 390)κ
county auditor shall first obtain the permission of the board of county commissioners and the Nevada tax commission.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 406Committee on Judiciary
CHAPTER 123
AN ACT clarifying the maximum sentence of an habitual criminal; and providing other matters properly relating thereto.
[Approved March 31, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 207.010 is hereby amended to read as follows:
207.010 1. Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who shall previously have been twice convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who shall previously have been three times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be adjudged to be an habitual criminal and shall be punished by imprisonment in the state prison for not less than 10 years [.] nor more than 20 years.
2. Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who shall previously have been three times convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who shall previously have been five times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be punished by imprisonment in the state prison for life.
3. Conviction under this section shall operate only to increase, not to reduce, the sentence otherwise provided by law for the principal crime.
4. It is within the discretion of the district attorney whether or not to include a count under this section in any information, and the trial judge may, at his discretion, dismiss a count under this section which is included in any indictment or information.
5. In proceedings under this section, each previous conviction shall be alleged in the accusatory pleading charging the primary offense, but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of such conviction be read in the presence of a jury trying such offense.
6. If a defendant charged under this section is found guilty of, or pleads guilty to, the primary offense, but denies any previous conviction charged, the court shall determine the issue of such previous conviction after hearing all relevant evidence presented on such issue by the prosecution and the defendant.
κ1971 Statutes of Nevada, Page 174 (CHAPTER 123, SB 406)κ
pleads guilty to, the primary offense, but denies any previous conviction charged, the court shall determine the issue of such previous conviction after hearing all relevant evidence presented on such issue by the prosecution and the defendant. The court shall impose sentence pursuant to subsections 1 and 2 of this section upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality.
7. Nothing in this section limits the prosecution in introducing evidence or prior convictions for purposes of impeachment.
8. Presentation of an exemplified copy of a felony conviction shall be prima facie evidence of conviction of a prior felony.
________
Senate Bill No. 111Committee on Health and Welfare
CHAPTER 124
AN ACT prohibiting officers and employees of the state, counties, cities or districts concerned with administration of any program for the aged, blind or disabled from coercing any such person to join or refrain from joining any organization of the aged, blind or disabled.
[Approved March 31, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No officer or employee of the state or any county, city or district who is concerned with the administration of any program for the aged, blind or disabled shall, in his official capacity, attempt to coerce or coerce any aged, blind or disabled person to join or refrain from joining any organization of the aged, blind or disabled.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 73Senator Pozzi
CHAPTER 125
AN ACT transferring the title of a state fire truck to Carson City; and providing other matters properly relating thereto.
[Approved March 31, 1971]
Whereas, The State of Nevada, pursuant to the authority of chapter 180, Statutes of Nevada 1961, purchased a 1962 Ford fire truck containing a 65-foot snorkel-aerial apparatus, and contracted with Carson City for the maintenance and housing of such fire truck; and
Whereas, Carson City has used such fire truck in suppressing and preventing fires in and about properties belonging to the State of Nevada, as well as other properties in the Carson City area; and
κ1971 Statutes of Nevada, Page 175 (CHAPTER 125, SB 73)κ
Whereas, The title to such fire truck is in the name of the buildings and grounds division of the department of administration, and the legislature desires to vest such title in Carson City; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title to that 1962 Ford fire truck containing a 65-foot snorkel-aerial apparatus, Serial No. F. 1264, Model No. CS65, is hereby transferred from the buildings and grounds division of the department of administration to Carson City, Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 627Mr. Ronzone
CHAPTER 126
AN ACT increasing the per diem expense and travel allowance for members of the board of regents of the University of Nevada.
[Approved March 31, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 396.070 is hereby amended to read as follows:
395.070 1. No member of the board of regents shall receive any compensation for his services.
2. Each member of the board of regents shall receive [traveling expenses and subsistence allowances as provided by law in attending meetings of the board.] in attending meetings of the board:
(a) A per diem expense allowance of $30 per day.
(b) Travel expenses computed at the rate of 12 cents per mile traveled, or the actual cost of transportation if public transportation is used, whichever is less.
________
Senate Bill No. 462Committee on Federal, State and Local Governments
CHAPTER 127
AN ACT relating to employment and salaries of teachers and other employees in public schools; requiring a report from each board of trustees of a school district prior to filing its tentative budget, showing information specified by the state department of education; and providing other matters properly relating thereto.
[Approved March 31, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.100 is hereby amended to read as follows:
391.100 1. The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.
κ1971 Statutes of Nevada, Page 176 (CHAPTER 127, SB 462)κ
2. The board of trustees of a school district:
(a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist certificated personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof. Such noncertificated personnel shall be given direct supervision by certificated personnel in all duties which are instructional in nature but may perform duties which are not primarily instructional in nature without a certificated person in attendance.
(b) Shall establish policies governing the duties and performance of teacher aides.
3. Notwithstanding the provisions of NRS 252.110, the board of trustees of a school district may employ independent legal counsel when such employment is deemed necessary by the board.
4. Notwithstanding the provisions of NRS 354.596, not later than 30 days prior to the time of filing its tentative budget, each board of school trustees of a school district shall submit, or cause to be submitted, to the state department of education a report showing the estimated number of persons to be employed whose salaries will be paid from amounts to be included in its tentative and final budgets for the ensuing fiscal year. The report shall be made on forms prescribed by the state department of education and shall include, but shall not be limited to:
(a) A schedule showing the estimated number of persons to be employed by account and fund classification and fully funded thereby; and
(b) A schedule showing the estimated number of persons to be employed by classification who are funded by more than one account or fund.
(c) The projected salary schedule for the next fiscal year.
________
Assembly Bill No. 653Mrs. Frazzini
CHAPTER 128
AN ACT relating to campers; requiring dealers to notify the proper county assessor of sales of campers; and providing other matters properly relating thereto.
[Approved March 31, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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:
κ1971 Statutes of Nevada, Page 177 (CHAPTER 128, AB 653)κ
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.
3. The county assessor shall collect the tax required to be paid by subsection 2, in the manner prescribed by law for the collection of other personal property taxes.
Sec. 2. NRS 482.437 is hereby amended to read as follows:
482.437 1. When a camper, as defined in NRS 361.561 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 and the purchase price 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.
2. A copy of such report shall be delivered to the department and to the county assessor in the county where the buyer resides, as shown in the report.
________
Senate Bill No. 290Committee on Federal, State and Local Governments
CHAPTER 129
AN ACT amending the Consolidated Local Improvements Law to authorize incorporated cities with a commission form of government to acquire, improve, equip, operate and maintain electrical and telephone projects as defined or combinations of such projects.
[Approved April 1, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 271 NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Electrical project means any facilities for the transmission and distribution of electrical power, either above or beneath the surface of the ground, including lines, poles, conduits, house connections, transformers and related appliances, and all appurtenances and incidentals necessary, useful or desirable for any such facilities (or any combination thereof), including real and other property therefor.
Sec. 3. Telephone project means facilities pertaining to the distribution of telephone cables and lines, including without limitation subsurface conduits, and all appurtenances and incidentals related thereto (or any combination thereof).
Sec. 4. NRS 271.265 is hereby amended to read as follows:
271.265 1. The governing body of a municipality, upon behalf of the municipality and in its name, without any election, shall have power from time to time to acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:
κ1971 Statutes of Nevada, Page 178 (CHAPTER 129, SB 290)κ
municipality and in its name, without any election, shall have power from time to time to acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:
[1.] (a) A curb and gutter project;
[2.] (b) A drainage project;
[3.] (c) An offstreet parking project;
[4.] (d) An overpass project;
[5.] (e) A park project;
[6.] (f) A sanitary sewer project;
[7.] (g) A sidewalk project;
[8.] (h) A storm sewer project;
[9.] (i) A street project;
[10.] (j) An underpass project; [and]
[11.] (k) A water project [.] ; and
(l) Any combination of such projects.
2. In addition to the power specified in subsection 1, the governing body of a municipality having a commission form of government as defined in NRS 267.010, upon behalf of the municipality and in its name, without any election, shall have power from time to time to acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:
(a) An electrical project;
(b) A telephone project;
(c) A combination of an electrical project and a telephone project;
(d) A combination of an electrical project or a telephone project with any of the projects (or any combination thereof) specified in subsection 1; and
(e) A combination of an electrical project and a telephone project with any of the projects (or any combination thereof) specified in subsection 1.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 192Mr. Dini
CHAPTER 130
AN ACT authorizing receipt and expenditure of grants for the purposes of the division of archives in the office of the secretary of state; and providing other matters properly relating thereto.
[Approved April 1, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 225.065 is hereby amended to read as follows:
225.065 The division of archives is hereby created within the office of the secretary of state.
1. The secretary of state shall:
[1.] (a) Maintain and properly equip safe and secure vaults for the preservation and use of material deposited in the archives, which shall be located at the seat of government.
κ1971 Statutes of Nevada, Page 179 (CHAPTER 130, AB 192)κ
[2.] (b) Employ personnel to preserve, index and aid in the use of material deposited in the archives.
[3.] (c) Give an appropriate receipt for material received by him as part of the archives.
[4.] (d) Make readily available for use material deposited in the archives.
2. The secretary of state may:
(a) Accept gifts of moneys from public and private sources, if the purpose of the gifts specified by the donor is approved by him and is within the scope of the division of archives purposes.
(b) Expend the moneys received for the purpose specified by the donor or, if no purpose is specified, in any manner that will further the purposes of the division of archives.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 310Mr. Swackhamer
CHAPTER 131
AN ACT permitting the extension of time for filing a corrected copy of an application for a permit to appropriate public waters.
[Approved April 1, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 533.355 is hereby amended to read as follows:
533.355 1. Upon receipt of an application, which shall be upon a form to be prescribed by the state engineer, and supplied to the applicant without charge, the state engineer shall make an endorsement thereon of the date of its receipt and shall keep a record of the same.
2. If, upon examination, the application is found to be defective, it shall be returned for correction or completion with advice of the reasons therefor, and the date of the return thereof shall be endorsed upon the application and made a record of the state engineers office. No application shall lose its priority of filing on account of such defects if the application, properly corrected and accompanied by such maps and drawings as may be required, is filed in the office of the state engineer within 60 days from the date of the return to applicant. Any application returned for correction or completion, not refiled in proper form within the 60 days, shall be canceled. For good cause shown, upon application made prior to the expiration of such 60-day period, the state engineer may, in his discretion, grant an extension of time not to exceed 60 days in which to file the instruments.
3. All applications which shall comply with the provisions of this chapter shall be recorded in a suitable book kept for that purpose.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 180κ
Assembly Bill No. 236Mr. May
CHAPTER 132
AN ACT relating to contractors; clarifying the provisions relating to financial responsibility, withdrawal of cash deposits, priority of claims against bonds and deposits, and penalties, and providing other matters properly relating thereto.
[Approved April 1, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 624.220 is hereby amended to read as follows:
624.220 1. The board may adopt rules and regulations necessary to effect the classification and subclassification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage as defined by NRS 624.215 and the rules and regulations of the board.
2. The board may limit the field and scope of the operations of a licensed contractor by establishing a monetary limit on a contractors license, and such limit shall be the maximum contract a licensed contractor shall undertake under a specific contract on a single construction site or subdivision site for a single client. The board may take such other action designed to limit the field and scope of the operations of a contractor as may be necessary to protect the health, safety and general welfare of the public. The limit, if any, shall be determined after consideration of the factors set forth in [subsection 1 of NRS 624.260.] NRS 624.260 to 624.265, inclusive.
3. Nothing contained in this section shall prohibit a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which he is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.
Sec. 2. NRS 624.270 is hereby amended to read as follows:
624.270 1. Before granting an original contractors license to any applicant, the board shall require that the applicant:
(a) File with the board a surety bond in a form acceptable to the board executed by the contractor as principal with a corporation authorized to transact surety business in the State of Nevada as surety; or
(b) In lieu of such bond, establish with the board a cash deposit as provided in this section.
2. Before granting renewal of a contractors license to any applicant, the board shall require that the applicant file with the board satisfactory evidence that his surety bond or cash deposit is in full force and effect, unless the applicant has been relieved of such requirement as provided in this section
3. Failure of an applicant or licensee to file or maintain in full force and effect the required bond or to establish the required cash deposit constitutes cause for the board to deny, revoke, or refuse to renew a license.
κ1971 Statutes of Nevada, Page 181 (CHAPTER 132, AB 236)κ
4. The amount of each bond or cash deposit required by this section shall be fixed by the board with reference to the contractors financial and professional responsibility and the magnitude of his operations, but shall be not less than $500 or more than $20,000. The bond shall be continuous in form and shall be conditioned that the total aggregate liability of the surety for all claims shall be limited to the face amount of the bond irrespective of the number of years the bond is in force. The board may increase or reduce the amount of any bond or cash deposit if evidence supporting such a change in the amount is presented to the board at the time application is made for renewal of a license or at any hearing conducted pursuant to NRS 624.310. Any cash deposit may be withdrawn 2 years after termination of the license in connection with which it was established, or 2 years after completion of all work authorized by the board subsequent to termination of the license, whichever occurs later, if there is no outstanding claim against it.
5. After a licensee has acted in the capacity of a licensed contractor in the State of Nevada for not less than 2 consecutive years, the board may relieve the licensee of the requirement of filing a bond or establishing a cash deposit if evidence supporting such relief is presented to the board, but the board may at any time thereafter require such licensee to file a new bond or establish a new cash deposit as provided in subsection 4 if evidence is presented to the board supporting such requirement. Notwithstanding the provisions of subsection 4, if a licensee is relieved of the requirement of establishing a cash deposit, the deposit may be withdrawn 2 years after such relief is granted, if there is no outstanding claim against it.
Sec. 3. NRS 624.273 is hereby amended to read as follows:
624.273 1. Each bond or deposit required by NRS 624.270 shall be in favor of the State of Nevada for the benefit of any person who:
(a) As owner of the property to be improved entered into a construction contract with the contractor and is damaged by failure of the contractor to perform such contract or to remove liens filed against such property;
(b) As an employee of the contractor performed labor on or about the site of the construction contract; or
(c) Is injured by any unlawful act or omission of the contractor in the performance of a contract.
2. Any such person claiming against the bond or cash deposit may bring an action in a court of competent jurisdiction on the bond or against the board on the cash deposit for the amount of damage he has suffered to the extent covered by the bond or cash deposit. No action may be commenced on the bond or deposit after the expiration of 2 years following the commission of the act on which the action is based.
3. If a surety, or in the case of a cash deposit, the board, desires to make payment without awaiting court action the amount of the bond or cash deposit shall be reduced to the extent of any payment made by the surety or the board in good faith under the bond [.] or cash deposit. Any such payment shall be based on [priority of] written claims received by the surety or board prior to court action. [and in accordance with any priority granted by the statute.]
4. A claim of any employee of the contractor for labor shall be a preferred claim against such bond or cash deposit.
κ1971 Statutes of Nevada, Page 182 (CHAPTER 132, AB 236)κ
preferred claim against such bond or cash deposit. If any bond or cash deposit is insufficient to pay all claims for labor in full, the sum recovered shall be distributed among all claimants for labor in proportion to the amounts of their respective claims. Partial payment of such claims shall not be considered as full payment, and the claimants may bring actions against the contractor for the unpaid balances.
5. Claims, other than labor claims, against a bond or deposit shall have equal priority, except where otherwise provided by law, and if the bond or deposit is insufficient to pay all such claims in full, they shall be paid pro rata. Partial payment of such claims shall not be considered as full payment, and the claimants may bring actions against the contractor for the unpaid balances.
Sec. 4. NRS 624.3013 is hereby amended to read as follows:
624.3013 The following acts, among others, constitute cause for disciplinary action under NRS 624.300:
1. Failure to make records showing all contracts, documents, records, receipts and disbursements by a licensee of all of his transactions as a contractor and to keep them open for inspection by the board or secretary of the board for a period of not less than 3 years after the completion of any construction project or operation to which the records refer.
2. Misrepresentation of a material fact by an applicant or licensee in obtaining a license, or in connection with any information or evidence furnished the board in connection with official board matters.
3. Failure to establish financial responsibility as determined in the manner provided by NRS 624.220 [,] and 624.260 to 624.265, inclusive, at the time of renewal of the license or at any other time when required by the board.
4. Failure to keep in force the bond or cash deposit required by NRS 624.270 for the full period required by the board.
5. Failure in any material respect to comply with the provisions of this chapter or the rules and regulations of the board.
Sec. 5. NRS 624.360 is hereby amended to read as follows:
624.360 1. Any person violating any of the provisions of this chapter shall be punished by a fine of not more than $500.
2. Imposition of the penalty provided for in this section is not precluded by any disciplinary action taken by the board against a contractor pursuant to the provisions of NRS 624.300 to 624.305, inclusive.
________
κ1971 Statutes of Nevada, Page 183κ
Senate Bill No. 424Committee on Federal, State and Local Governments
CHAPTER 133
AN ACT relating to the Local Government Budget Act; changing certain definitions to conform to actual accounting procedures followed by the Nevada tax commission.
[Approved April 1, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.479 is hereby amended to read as follows:
354.479 Accrual basis means the [system] basis of accounting under which revenues are recorded [as soon as they become receivables and expenditures are recorded as soon as they become liabilities.] when earned and expenditures are recorded as soon as they result in liabilities for benefits received, notwithstanding that the receipt of the revenue or the payment of the expenditure may take place, in whole or in part, in another accounting period.
Sec. 2. NRS 354.512 is hereby amended to read as follows:
354.512 Deposit means: [money or cash placed in an account with an accredited banking institution as determined by the superintendent of banks.]
1. Money placed with a bank, other institution or person, either in a general account subject to check withdrawal or in a special account made for some specified purpose.
2. Securities placed with a bank, other institution or person for some particular purpose.
3. Money placed with a business firm by its customers for electric meters, water meters and other such services.
4. Money or securities submitted by contractors or other persons to guarantee their bids.
Sec. 3. NRS 354.522 is hereby amended to read as follows:
354.522 Expense adjustment means reduction of [a previously recorded] an expenditure by such things, without limitation by enumeration, as resale of supplies, refunds, rebates and collections for loss or damage to public property.
Sec. 4. NRS 354.550 is hereby amended to read as follows:
354.550 Modified accrual basis means the [system] basis of accounting under which [revenues are recorded as received and expenditures are recorded as soon as they result in liabilities notwithstanding that the disbursement involved may take place in whole or in part in another accounting period.] expenditures other than accrued interest on general long-term debt are recorded at the time liabilities are incurred and revenues are recorded when received in cash, except for material or available revenues, or both, which should be accrued to reflect properly the taxes levied and other revenues earned.
Sec. 5. NRS 354.560 is hereby amended to read as follows:
354.560 Reserve means an account [set up to indicate the segregation of surplus to meet contingent liabilities or other segregations of surplus.] which records a portion of the fund balance which must be segregated for some future use and which is, therefore, not available for further appropriation or expenditure.
κ1971 Statutes of Nevada, Page 184 (CHAPTER 133, SB 424)κ
segregated for some future use and which is, therefore, not available for further appropriation or expenditure.
________
Assembly Bill No. 634Messrs. Homer, Getto, Dini and Jacobsen
CHAPTER 134
AN ACT making an appropriation from the general fund in the state treasury to the state board of examiners for the purpose of assisting the Carson River Basin council of governments or a like organization in the development of a comprehensive regional plan; and providing other matters properly relating thereto.
[Approved April 1, 1971]
Whereas, In March 1970 the Carson River Basin Task Force was formed with representation from Carson City, Churchill, Douglas, Lyon and Storey counties in Nevada, and Alpine County, California, to examine areawide problems and suggest means of a solution for the water quality problems of the Carson River; and
Whereas, The task force has issued a preliminary report concerning the need for comprehensive action to solve the problems that exist within the region; and
Whereas, County and city officials within the region have manifested genuine concern and are willing to work toward and support workable solutions by proposing the creation of a council of governments to coordinate planning efforts and to be the recipient of available federal, state and local moneys; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the state board of examiners the sum of $30,000 to be disbursed by the state board of examiners as provided in section 2 of this act.
Sec. 2. When Carson City and Churchill, Douglas, Lyon and Storey counties through their proper officers demonstrate to the state board of examiners that, pursuant to the Interlocal Cooperation Act (NRS 277.080 to 277.180, inclusive), there has been formed the Carson River Basin council of governments (or like organization by a different name) consisting of at least Carson City and Churchill, Douglas, Lyon and Storey counties, and such council of governments has available to it local funds derived from Carson City and such counties for the purposes of coordinating the various planning, zoning and development activities within the region with particular emphasis on water quality, sewage treatment and storm drainage affecting the Carson River, the state board of examiners shall pay from the moneys appropriated by section 1 of this act to such council of governments a sum of money equal to the local available funds but not to exceed $30,000.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 185κ
Senate Bill No. 205Senator Swobe
CHAPTER 135
AN ACT relating to education of aurally or visually handicapped persons; providing for the payment of educational expenses for all such persons; permitting the superintendent of public instruction to enter into educational and support expense-sharing contracts; and providing other matters properly relating thereto.
[Approved April 1, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 395 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A parent, relative, guardian or nearest friend of a visually or aurally handicapped person who resides in a county school district which has made no provision for the education of such visually or aurally handicapped person and who does not qualify under NRS 395.030 to 395.050, inclusive, may make direct application for educational benefits for the aurally or visually handicapped person to the superintendent of public instruction.
2. The application shall set forth:
(a) That by reason of visual or aural handicap, the visually or aurally handicapped person is disqualified from being taught by the ordinary process of instruction or education; and
(b) That there are no public special schools or classes conducted in the county school district of residence which could serve such visually or aurally handicapped person; and
(c) That such parent, relative, guardian or nearest friend wishes to enter into a contract with the superintendent of public instruction to share in the cost of providing educational benefits to the aurally or visually handicapped person; and
(d) That such person certifies under oath that the visually or aurally handicapped person is qualified to receive the benefits provided by this chapter except for those particular portions of NRS 395.020 and 395.030 relating to ability to pay for his support of education and instruction in an institution for the visually or aurally handicapped.
3. If, upon receipt of such application, the superintendent of public instruction is satisfied the statements contained in the application are true, he may enter into a contract with the parent, relative, guardian or nearest friend of the visually or aurally handicapped person. Such contracts shall have the following stipulations:
(a) That the share of the cost for the education and support of such visually or aurally handicapped person provided by the state shall not exceed that provided aurally or visually handicapped persons under other provisions of this chapter; and
(b) That there will be no cost to the state for medical expenses for such aurally or visually handicapped person.
The superintendent of public instruction, in implementing contracts of this nature, shall proceed in such manner and have authority as provided in NRS 395.040.
κ1971 Statutes of Nevada, Page 186 (CHAPTER 135, SB 205)κ
nature, shall proceed in such manner and have authority as provided in NRS 395.040.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 136Committee on Transportation
CHAPTER 136
AN ACT extending acquisition power of the department of highways on sites adjacent to highways and freeways and for replacement housing; providing for retention of some parcels for specified purposes; and providing other matters properly relating thereto.
[Approved April 1, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.970 is hereby amended to read as follows:
408.970 1. In all cases of highways constructed, reconstructed or improved under the provisions of this chapter which are located or relocated over privately owned property the department may acquire, in the name of the state, either in fee or in any lesser estate or interest, any real property or interest therein and any personal property which it considers necessary.
2. Real property or interests therein or personal property for such purposes includes, but is not limited to, real property, interests therein, improvements located thereon and personal property for any of the following purposes:
(a) For rights-of-way for both present and future needs for highways of all types including highways constructed within towns and cities.
(b) For exchanging such property or interests therein for other property or interests therein required for highway purposes to avoid the payment of excessive compensation or damages.
(c) For sites on which to relocate structures which are within the right-of-way of a projected highway.
(d) For sites for administrative, storage, communications, maintenance, recreational and historical purposes and necessary appurtenances in connection with such sites.
(e) For material sites, including rock quarries, gravel pits, sand or earth borrow pits, or other roadway material; also to obtain water from any source for any purpose which may be necessary for the construction and maintenance of such highways and their appurtenances.
(f) For the culture and support of trees and other flora which will benefit such highways in any way, including the increasing of the scenic beauty of such highways.
(g) For drainage in connection with any highway.
(h) For the maintenance of an unobstructed view of any portion of a highway so as to promote the safety of the traveling public.
κ1971 Statutes of Nevada, Page 187 (CHAPTER 136, SB 136)κ
(i) For the placement of directional signs and other signs, construction of fences, curbs, barriers, and obstructions as may be necessary for the safety and convenience of the traveling public.
(j) For constructing and maintaining highway cut and fill slopes.
(k) For public parks, playgrounds, recreational grounds and sites adjoining highway or freeway rights-of-way; acquisition of replacement housing sites; acquisition and rehabilitation, relocation and construction of replacement housing.
3. Such property and interests therein shall be acquired by the department in the name of and in behalf of the state, either by donation, dedication, agreement, exchange, lease, option, purchase, or through the exercise of the power of eminent domain.
4. Proceedings in eminent domain for acquisition of property or interests therein for the highway purposes set forth in this section shall be had pursuant to the provisions of chapter 37 of NRS, except as otherwise prescribed by this chapter.
5. The entire cost of acquiring such property and interests therein, except as otherwise provided in this chapter, shall be paid out of the state highway fund.
6. Whenever a part of a parcel of real property, interests therein or improvements thereon is to be acquired under the provisions of this chapter and the remainder is proposed to be left in such irregular shape, uneconomical size, utility or condition as to be of little value or to give rise to claims or litigation concerning damages, the department may acquire by the methods provided in subsection 3 the whole parcel and may: [dispose]
(a) Dispose of the remainder pursuant to NRS 408.999; or [may exchange the same]
(b) Exchange it for other property or interests therein required for highway purposes [.] ; or
(c) Use it for any purpose enumerated in subsection 2.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 264Mr. Smith
CHAPTER 137
AN ACT relating to general improvement districts; allowing an annexation charge to be made by boards of trustees of such districts; permitting review by the public service commission of Nevada in certain instances; and providing other matters properly relating thereto.
[Approved April 1, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 318.200 is hereby amended to read as follows:
318.200 1. Subject to the provisions of NRS 318.140 and 318.144, the board shall have the power to fix, and from time to time increase or decrease, electric energy, swimming pool, other recreational facilities, television, sewer, water, lighting, garbage or refuse rates, tolls or charges (other than special assessments), including but not necessarily limited to service charges and standby service charges, for services or facilities furnished by the district, charges for the availability of service, annexation charges, and minimum charges, and to pledge such revenue for the payment of any indebtedness or special obligations of the district.
κ1971 Statutes of Nevada, Page 188 (CHAPTER 137, AB 264)κ
or decrease, electric energy, swimming pool, other recreational facilities, television, sewer, water, lighting, garbage or refuse rates, tolls or charges (other than special assessments), including but not necessarily limited to service charges and standby service charges, for services or facilities furnished by the district, charges for the availability of service, annexation charges, and minimum charges, and to pledge such revenue for the payment of any indebtedness or special obligations of the district.
2. Until paid, all rates, tolls or charges shall constitute a perpetual lien on and against the property served, and any such lien may be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics liens. Before any such lien is foreclosed the board shall hold a hearing thereon after notice thereof by publication and by registered or certified first class mail, postage prepaid, addressed to the last-known owner at his last-known address according to the records of the district and the real property assessment roll in the county in which the property is located.
3. The board shall prescribe and enforce rules and regulations for the connection with and the disconnection from properties of the facilities of the district and the taking of its services.
4. The board may provide for the collection of charges. Provisions may be made for, but are not limited to:
(a) The granting of discounts for prompt payment of bills.
(b) The requiring of deposits or the prepayment of charges in an amount not exceeding 1 years charges either from persons receiving service and using the facilities of the enterprise or from the owners of property on which or in connection with which such services and facilities are to be used; but in case of nonpayment of all or part of a bill such deposits or prepaid charges shall be applied only insofar as necessary to liquidate the cumulative amount of such charges plus penalties and cost of collection.
(c) The requiring of a guaranty by the owner of property that the bills for service to the property or the occupants thereof will be paid.
5. The board may provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. The basic penalty shall not be more than 10 percent of each months charges for the first month delinquent. In addition to the basic penalty it may provide for a penalty of not exceeding 1.5 percent per month for nonpayment of the charges and basic penalty. On the 1st day of the calendar month following the date of payment specified in the bill the charge shall become delinquent if the bill or that portion thereof which is not in bona fide dispute remains unpaid. It may provide for collection of the penalties provided for in this section.
6. The board may provide that charges for any service shall be collected together with and not separately from the charges for any other service rendered by it, and that all charges shall be billed upon the same bill and collected as one item.
7. The board may enter into a written contract with any person, firm or public or private corporation providing for the billing and collection by such person, firm or corporation of the charges for the service furnished by any enterprise. If all or any part of any bill rendered by any such person, firm or corporation pursuant to any such contract is not paid and if such person, firm or corporation renders any public utility service to the person billed, such person, firm or corporation may discontinue its utility service until such bill is paid, and the contract between the board and such person, firm or corporation may so provide.
κ1971 Statutes of Nevada, Page 189 (CHAPTER 137, AB 264)κ
such person, firm or corporation pursuant to any such contract is not paid and if such person, firm or corporation renders any public utility service to the person billed, such person, firm or corporation may discontinue its utility service until such bill is paid, and the contract between the board and such person, firm or corporation may so provide.
8. As a remedy established for the collection of due and unpaid deposits and charges and the penalties thereon an action may be brought in the name of the district in any court of competent jurisdiction against the person or persons who occupied the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all of such persons, for the collection of the amount of the deposit or the collection of delinquent charges and all penalties thereon.
Sec. 2. NRS 318.258 is hereby amended to read as follows:
318.258 The boundaries of a district may be enlarged by the inclusion of additional real property therein in the following manner:
1. The fee owner or owners of any real property capable of being served with facilities of the district may file with the board a petition in writing praying that such property be included in the district.
2. The petition shall:
(a) Set forth an accurate legal description of the property owned by the petitioners.
(b) State that assent to the inclusion of such property in the district is given by the signers thereto, constituting all the fee owners of such property.
(c) Be acknowledged in the same manner required for a conveyance of land.
3. There shall be no withdrawal from a petition after consideration by the board nor shall further objections be filed except in the case of fraud or misrepresentation.
4. The board shall hear the petition at an open meeting after publishing the notice of the filing of such petition, and of the place, time and date of such meeting, and the names and addresses of the petitioners. The board shall grant or deny the petition and the action of the board shall be final and conclusive. If the petition is granted as to all or any of the real property therein described, the board shall make an order to that effect, and file the same for record as provided in NRS 318.075.
5. After the date of its inclusion in such district, such property shall be subject to all of the taxes and charges imposed by the district, and shall be liable for its proportionate share of existing general obligation bonded indebtedness of the district; but it shall not be liable for any taxes or charges levied or assessed prior to its inclusion in the district, nor shall its entry into the district be made subject to or contingent upon the payment or assumption of any penalty, toll or charge, other than any reasonable annexation charge which the board may fix and uniformly assess subject to the review and approval of the public service commission of Nevada and the tolls and charges which are uniformly made, assessed or levied for the entire district. Such charges shall be computed in such a manner as not to place a new charge against the district members nor penalize the area annexed.
κ1971 Statutes of Nevada, Page 190 (CHAPTER 137, AB 264)κ
6. In any district within the region of any interstate compact relating to planning, when any petition for the inclusion of property into any district is denied, the petitioner may appeal the denial to the public service commission of Nevada, which shall review such denial and may, in its discretion, order that such property be included in the district.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 527Committee on Government Affairs
CHAPTER 138
AN ACT relating to short-term financing of counties, cities, towns, school districts and other entities; consolidating certain sections; repealing emergency loan provisions and substituting short-term financing provisions; and providing other matters properly relating thereto.
[Approved April 1, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.558 is hereby amended to read as follows:
244.558 If there are not sufficient moneys in the general fund of the county and if the requirements of [NRS 354.080 to 354.100, inclusive,] chapter 354 of NRS, with respect to short-term financing, are met, moneys may be provided by [temporary emergency loan] short-term financing to cover the cost of an improvement made pursuant to NRS 244.556. In such case, the loan shall be repaid from the special assessments made, in lieu of the [emergency] special tax required by [NRS 354.110.] chapter 354 of NRS.
Sec. 2. NRS 354.430 is hereby amended to read as follows:
354.430 Upon the adoption of [any emergency] a short-term financing resolution, as provided in NRS 354.618, by a local government [other than that of a county,] as defined in NRS 354.474, a certified copy thereof shall be forwarded to the secretary of the Nevada tax commission. As soon as is practicable, the secretary of the Nevada tax commission shall submit the resolution, together with a factual report of the tax structure of the political subdivisions concerned and the probable ability of the political subdivision to repay the requested [emergency loan,] short-term financing, to the state board of finance for its approval. No such resolution shall be effective until approved by the state board of finance. The resolution of the state board of finance shall be recorded in the minutes of the governing board.
Sec. 3. NRS 354.440 is hereby amended to read as follows:
354.440 1. Whenever any governing board of any local government is authorized to [make an emergency loan] enter into short-term financing as provided in NRS 354.430, the governing body may issue, as evidence thereof, negotiable notes or short-time negotiable bonds.
2. The negotiable notes or bonds shall:
(a) Mature not later than 5 years from the date of issuance.
κ1971 Statutes of Nevada, Page 191 (CHAPTER 138, AB 527)κ
(b) Bear interest not to exceed 8 percent per annum.
(c) Be redeemable at the option of such local government at any time when money is available in the [emergency] special tax fund provided for in NRS 354.460.
Sec. 4. NRS 354.450 is hereby amended to read as follows:
354.450 1. After [an emergency loan] short-term financing has been authorized as provided in NRS 354.430 and if, in the judgment of the governing board of the political subdivision, the fiscal affairs of the political subdivision can be carried on without impairment and there is sufficient money in the general fund or a surplus in any other fund, with the exception of the bond interest and redemption fund, of the political subdivision, the governing board is authorized to transfer from the general fund or from the surplus appearing in any fund, with the exception of the bond interest and redemption fund, money sufficient to [handle the emergency.] meet the purpose of the short-term financing.
2. When such a transfer is made, the governing board of the political subdivision shall comply with the provisions of NRS 354.460, and when the [emergency] special tax is thereafter collected the amount so collected shall be placed immediately in the fund from which the loan was made.
3. In cases where the fund from which the loan was made, at the time of the transfer of funds therefrom, contains a surplus that in the judgment of the state board of finance is or will not be needed for the purposes of the fund in the ordinary course of events, then the [emergency] special tax need not be levied, collected and placed in the fund from which the loan was made, but such transfer shall be deemed refunded for all purposes of NRS 354.430 to 354.460, inclusive.
4. Interest accounts come within the jurisdiction of the state board of finance and may be approved or disapproved, in whole or in part, by the state board of finance.
Sec. 5. NRS 354.460 is hereby amended to read as follows:
354.460 1. At the first tax levy following the creation of any [emergency] short-term indebtedness, the governing board of any political subdivision shall, when necessary, levy a tax sufficient to pay the same. The tax shall be designated County of .................... Special Tax, City of .................... [Emergency] Special Tax, Town of .................... [Emergency] Special Tax, .................... School District [Emergency] Special Tax, .................... Agricultural Association [Emergency] Special Tax, or .................... District [Emergency] Special Tax, as the case may be, the proceeds of which shall be placed in [an emergency] a short-term debt service fund in the [city] treasury [,] of the county or city, or in [an emergency] a short-term debt service fund in the county treasury in the cases of towns, school districts, irrigation districts, special districts or agricultural associations, to be used solely for the purpose of redeeming the [emergency loan] short-term indebtedness for which the same is levied.
2. The [board of county commissioners] treasurer of any county is authorized, upon receipt of a written resolution of the [board of trustees of a school district,] governing board of any entity for which a special tax fund is maintained, to transfer the money remaining in the [emergency loan] short-term debt service fund of that school district to the school district fund after payment in full of the [emergency loan] indebtedness and the interest thereon.
κ1971 Statutes of Nevada, Page 192 (CHAPTER 138, AB 527)κ
school district fund after payment in full of the [emergency loan] indebtedness and the interest thereon.
3. When short-term financing is made for the support of any lawfully organized county farm bureau, the county tax levied therefor shall be deemed the special tax within the provisions of this section. The proceeds thereof may be transferred to the state treasury when prescribed in any law providing for the transfer of county farm bureau funds to the state treasury, and the state controller is authorized to draw his warrant against such proceeds for the principal and interest of such short-term financing in favor of the holder of the note issued therefor, and the state treasurer shall pay the same.
Sec. 6. NRS 354.618 is hereby amended to read as follows:
354.618 1. In case of great necessity or emergency, the governing body of any local government, by unanimous vote, by resolution reciting the character of the necessity, [or emergency,] may authorize [a temporary loan] short-term financing for the purpose of meeting such necessity. [or emergency.]
2. Except as provided in subsection 3, before the adoption of any such [emergency] resolution, the governing body shall publish notice of its intention to act thereon in a newspaper of general circulation for at least one publication. No vote may be taken upon such [emergency] resolution until 10 days after the publication of the notice. The cost of publication of the notice required of [a school district] an entity shall be a proper charge against [the school district] its general fund.
3. In school districts having less than 100 pupils in average daily attendance the publication of the [emergency] resolution may be made by posting conspicuously, in three different places in the school district, a notice containing in full the [emergency] short-term financing resolution with the date upon which the board of trustees of the school district is to meet to act upon the [emergency] resolution. Posting of the notice shall be made not less than 10 days previous to the date fixed in the [emergency] resolution for action thereon.
Sec. 7. NRS 354.080, 354.090, 354.100 and 354.110 are hereby repealed.
Sec. 8. This act shall become effective upon passage and approval.
________
Assembly Bill No. 367Mr. Getto
CHAPTER 139
AN ACT relating to use or permitted use of real property for recreational purposes; prohibiting property or easement rights accruing from such use of real property; and providing other matters properly relating thereto.
[Approved April 1, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41.510 is hereby amended to read as follows:
41.510 1. An owner, lessee or occupant of premises owes no duty to keep the premises safe for entry or use by others for hunting, fishing, trapping, camping, hiking or sightseeing, or to give warning of any hazardous condition, activity or use of any structure on such premises to persons entering for such purposes, except as provided in subsection 3 of this section.
κ1971 Statutes of Nevada, Page 193 (CHAPTER 139, AB 367)κ
trapping, camping, hiking or sightseeing, or to give warning of any hazardous condition, activity or use of any structure on such premises to persons entering for such purposes, except as provided in subsection 3 of this section.
2. [An] When an owner, lessee or occupant of premises [who] gives permission to another to hunt, fish, trap, camp, hike or sightsee upon such premises:
(a) He does not thereby extend any assurance that the premises are safe for such purpose, constitute the person to whom permission is granted an invitee to whom a duty of care is owed, or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted, except as provided in subsection 3 of this section.
(b) Such person does not thereby acquire any property rights in or rights of easement to such premises.
3. This section does not limit the liability which would otherwise exist for:
(a) Willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity.
(b) Injury suffered in any case where permission to hunt, fish, trap, camp, hike or sightsee was granted for a consideration other than the consideration, if any, paid to the landowner by the state or any subdivision thereof.
(c) Injury caused by acts of persons to whom permission to hunt, fish, trap, camp, hike or sightsee was granted to other persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.
4. Nothing in this section creates a duty of care or ground of liability for injury to person or property.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 380Mr. McKissick
CHAPTER 140
AN ACT relating to state offices; and requiring all such offices having a staff exceeding one to remain open during the noon hour.
[Approved April 1, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.110 is hereby amended to read as follows:
281.110 1. The offices of all state officers, departments, boards, commissions and agencies shall:
(a) Maintain not less than a 40-hour workweek.
(b) Be open for the transaction of business at least from 8 a.m. until 12 m. and from 1 p.m. until 5 p.m. every day of the year, with the exception of Saturdays, Sundays and public holidays.
κ1971 Statutes of Nevada, Page 194 (CHAPTER 140, AB 380)κ
2. [Where conditions and the size of the staff permit, the] The offices of all state officers, departments, boards, commissions and agencies shall remain open during the noon hour of each regular working day [.] if any such office has more than one person on its staff.
________
Senate Bill No. 452Committee on Taxation
CHAPTER 141
AN ACT relating to the property tax; authorizing the Nevada tax commission and the state board of equalization to meet other than in Carson City; amending statutory provisions concerning the certification of the combined tax rate to boards of county commissioners and the levy of the tax rate by boards of county commissioners; and providing other matters properly relating thereto.
[Approved April 1, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.315 is hereby amended to read as follows:
361.315 1. [Annually,] Except as otherwise provided in subsection 4, annually, a regular session of the Nevada tax commission shall be held at Carson City, Nevada, beginning on the 1st Monday in October at 10 a.m. and continuing from day to day until the business of the particular session is completed, at which valuations shall be established by the Nevada tax commission on the several kinds and classes of property mentioned in NRS 361.320.
2. After the adjournment of the state board of equalization, the Nevada tax commission may hold such sessions as are deemed necessary for the purposes mentioned in NRS 361.325.
3. The publication in the statutes of the foregoing time, place and purpose of each regular session of the Nevada tax commission shall be deemed notice of such sessions, or if it so elects the Nevada tax commission may cause published notices of such regular sessions to be made in the press, or may notify parties in interest by letter or otherwise.
4. [Special sessions may be held at such times and places and for such purposes as the Nevada tax commission may declare by giving notice thereof by publication of such notice once a week for 2 consecutive weeks in some newspaper of general circulation in the county in which the special session is to be held, or by giving 5 days notice by personal service, or by registered or certified mail, to the person, firm or corporation affected, stating the time, place, objects and purposes of such special session.] The Nevada tax commission may designate some place other than Carson City, Nevada, or some time other than 10 a.m., or both, for the regular session specified in subsection 1. If such other place or time is so designated, notice thereof shall be given by publication of a notice once a week for 2 consecutive weeks in some newspaper of general circulation in the county in which such regular session is to be held.
κ1971 Statutes of Nevada, Page 195 (CHAPTER 141, SB 452)κ
5. All sessions shall be public and all persons shall have the right to appear in person or by their agents and attorneys, and, subject to exceptions and qualifications contained in this chapter, submit evidence, both oral and documentary. It shall be lawful, in lieu of personal appearance or appearance by agent or attorney of any claimant before the Nevada tax commission, for such claimant to cause to be filed with the Nevada tax commission a statement in writing, signed by the claimant, setting forth such claimants claim or claims with respect to the valuation of property of such claimant or the property of others.
Sec. 2. NRS 361.380 is hereby amended to read as follows:
361.380 1. [Annually,] Except as otherwise provided in subsection 3, annually, the state board of equalization shall convene on the 1st Monday in February in Carson City, Nevada, and shall hold such number of meetings as may be necessary to care for the business of equalization presented to it. All protests to the state board of equalization shall be made on or before the 4th Monday of February and the state board of equalization shall conclude the business of equalization on or before the 4th day of March in each year.
2. The publication in the statutes of the foregoing time, place and purpose of each regular session of the state board of equalization shall be deemed notice of such sessions, or if it so elects, the state board of equalization may cause published notices of such regular sessions to be made in the press, or may notify parties in interest by letter or otherwise.
3. [Special sessions may be held at such times and places and for such purposes as the state board of equalization may declare by giving notice thereof by publication of such notice once a week for 2 consecutive weeks in some newspaper of general circulation in the county in which the special session is to be held, or by giving 5 days notice by personal service, or by registered or certified mail, to the person, firm or corporation affected, stating the time, place, objects and purposes of such special session.] The state board of equalization may designate some place other than Carson City, Nevada, for any of the meetings specified in subsection 1. If such other place is so designated, notice thereof shall be given by publication of a notice once a week for 2 consecutive weeks in some newspaper of general circulation in the county in which such meeting or meetings are to be held.
Sec. 3. 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 examination and approval, 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. 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.
κ1971 Statutes of Nevada, Page 196 (CHAPTER 141, SB 452)κ
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.
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.
κ1971 Statutes of Nevada, Page 197 (CHAPTER 141, SB 452)κ
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 by June 30 next after the approval and certification of the rate by the Nevada tax commission.
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.
Sec. 4. NRS 361.460 is hereby amended to read as follows:
361.460 Immediately after the Nevada tax commission shall certify the combined tax rate, the board of county commissioners shall by resolution proceed to levy the tax rate required for the [current year,] fiscal period beginning the succeeding July 1, designating the number of cents of each $100 of property levied for each fund.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 223Committee on Education
CHAPTER 142
AN ACT specifying the sale price of certain public school sites not utilized for school purposes after 10 years from the date of purchase; and providing other matters properly relating thereto.
[Approved April 1, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 116.020 is hereby amended to read as follows:
116.020 1. Whenever any lands are hereafter laid out and platted as mentioned in NRS 116.010, the owner or owners of the same or any trustee or trustees selected by the owner or owners shall cause to be made out an accurate map or plat, particularly setting forth and describing:
(a) All the parcels of ground so laid out and platted by their boundaries, course and extent, and their position with reference to monuments erected or constructed, not less than one to each four blocks, with definite and exact relation to the center lines of the streets of the plat or subdivision, and whether they are intended for avenues, streets, lanes, alleys, commons or other public uses, together with such as may be reserved for public purposes.
(b) All blocks and lots, whether intended for sale or otherwise, by numbers or letters, and their precise length and width.
(c) By course and distance, the position of one or more of the monuments with reference to a known and established corner of the public land survey.
(d) Each monument or mark by which the location of the blocks, lots, streets, alleys and public places has been fixed by survey upon the ground.
2. If the lands so laid out and platted comprise 40 acres or more, the planning commission or governing body with which the tentative map or plat is filed shall, as soon as practicable, provide a copy of such map to the board of trustees of the school district within which such lands are located.
κ1971 Statutes of Nevada, Page 198 (CHAPTER 142, SB 223)κ
to the board of trustees of the school district within which such lands are located. Within 30 days after receipt of such copy, the board of trustees shall, if a school site is needed within the area, notify such commission or body that a site is requested.
3. If the board of trustees requests a site, the person who platted the land shall set aside a site of no less than 5 acres. Such person and the board of trustees shall negotiate for the price of the site, which shall not exceed the fair cash market value of the land as determined by competent appraisal. If any lands purchased by a school district pursuant to the provisions of this subsection have not been placed in use as a school site at the end of 10 years from the date of purchase, they shall then first be offered to the person who platted the land or his successor in interest at a sale price equal to the original purchase price [.] plus an amount of money equal to the property taxes which would have been levied and paid if the land had not been purchased by the school district and simple interest at 6 percent per annum on the amount of the original purchase price from the date of purchase by the school district to the date of acceptance of the offer. If such person does not accept the offer, then the board of trustees may:
(a) Sell or lease such property in the manner provided in NRS 393.220 to 393.320, inclusive.
(b) Exchange such property in the manner provided in NRS 393.326 to 393.3293, inclusive.
________
Senate Bill No. 448Committee on Taxation
CHAPTER 143
AN ACT relating to the statements furnished by the Nevada tax commission to the governor; eliminating the requirement of certification; and substituting assessed value for full cash value therein.
[Approved April 2, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 360.100 is hereby amended to read as follows:
360.100 The Nevada tax commission shall:
1. Make and publish an annual report for each fiscal year, showing its transactions and proceedings and the transactions and proceedings of the state board of equalization for such year.
2. Furnish to the governor, from time to time when requested by him, [certified] statements showing the [full cash] assessed value of the taxable property within or taxable by the State of Nevada and its political subdivisions as established by the state board of equalization for each fiscal year.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 199κ
Senate Bill No. 453Committee on Taxation
CHAPTER 144
AN ACT relating to taxation of campers and mobile homes; providing for the delivery of a tax plate or sticker upon payment of the current property tax; and providing other matters properly relating thereto.
[Approved April 2, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.5643 is hereby amended to read as follows:
361.5643 1. 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 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]
(a) Deliver forthwith to the purchaser of a mobile home, as well as annually thereafter upon payment of the tax, a sticker which shall be of a design and affixed in such manner as shall be prescribed by the Nevada tax commission;
(b) Deliver forthwith to the purchaser of a camper, as well as annually thereafter upon payment of the tax, a tax plate or a sticker which shall be of a design and affixed in such manner as shall be prescribed by the Nevada tax commission.
2. Prior to delivery of a sticker or a tax plate, the county assessor shall collect from the purchaser or owner of the mobile home or camper the sum of $1. All proceeds received by the county assessor from the sale of stickers or tax plates shall be deposited to the credit of the county general fund.
________
Assembly Bill No. 528Committee on Government Affairs
CHAPTER 145
AN ACT relating to The Local Government Budget Act; changing definitions; and providing other matters properly relating thereto.
[Approved April 2, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Agency fund means a fund consisting of resources received and held by the governmental unit as an agent for others; for example, taxes collected and held by a municipality for a school district or held by one fund of a governmental unit for other funds of the unit.
κ1971 Statutes of Nevada, Page 200 (CHAPTER 145, AB 528)κ
and held by the governmental unit as an agent for others; for example, taxes collected and held by a municipality for a school district or held by one fund of a governmental unit for other funds of the unit.
Sec. 3. Enterprise fund means a fund established to finance and account for the acquisition, operation and maintenance of governmental facilities and services which are entirely or predominantly self-supported by user charges such as, and without limitation by enumeration, water, gas, sewer and electric utilities, swimming pools, airports, parking garages and transit systems.
Sec. 4. Intergovernmental service fund means a fund established to finance and account for services and commodities furnished by a designated department or agency to other departments and agencies within a single governmental unit. Amounts expended by the fund are restored thereto either by operating earnings or by transfers from other funds so that the original fund capital is kept intact.
Sec. 5. NRS 354.498 is hereby amended to read as follows:
354.498 Capital [improvement fund means a fund established for the purpose of making expenditures which will result in the acquisition of or addition to fixed assets.] projects fund means a fund created to account for all resources used for the acquisition of designated fixed assets by a governmental unit except those financed by special assets and enterprise funds.
Sec. 6. NRS 354.570 is hereby amended to read as follows:
354.570 Special revenue fund means a fund used to [finance particular activities from the receipts of specific taxes or other revenues. Such a fund is usually created through statutory or charter provisions to provide certain activities with definite and continuing revenues. After the fund is created it usually continues from year to year until discontinued or revised by proper legislative action.] account for revenues from specific taxes or other earmarked revenue sources which by law are designated to finance particular functions or activities of government. After the fund is established it is usually continued year after year until discontinued or revised by proper legislative authority.
Sec. 7. NRS 354.580 is hereby amended to read as follows:
354.580 Trust [and agency] fund means a fund consisting of resources received and held by the local government as trustee to be expended or invested in accordance with the conditions of the trust.
Sec. 8. NRS 354.604 is hereby amended to read as follows:
354.604 Each local government shall maintain, according to its own needs, the following funds as defined by NRS 354.470 to 354.626, inclusive:
1. A general fund.
2. A fund for each utility or enterprise, except that if more than one utility such as a water system and a sanitary sewer system are operated as a combined or consolidated system one fund bearing a combination title may be established.
3. Self-supporting special activity funds.
4. A special assessment fund for each special improvement district established or administered by the governing body.
5. Debt service funds, which shall be established to provide for the retirement of general obligation bonds, emergency loans and payment of interest thereon.
κ1971 Statutes of Nevada, Page 201 (CHAPTER 145, AB 528)κ
retirement of general obligation bonds, emergency loans and payment of interest thereon.
6. [Working capital revolving funds.] Intergovernmental service fund.
7. [Capital improvement or bond funds,] Capital projects funds, as required, which shall be established to account for the application of proceeds from the sale of bonds to the specific purposes for which they are authorized.
8. Trust and agency funds for the purpose of accounting for money and property received and held by the local government as trustee or custodian, or in the capacity of an agent, for certain individuals or other governmental units.
9. Special revenue funds.
10. Such other funds as may be required by law or the needs of the local government.
Sec. 9. NRS 354.610 is hereby amended to read as follows:
354.610 1. A local government may establish by resolution one or more [utility] enterprise funds, for any [utilities] self-supporting operation which it is authorized by law to operate. The resolution establishing [a] the fund shall set forth in detail the following:
(a) The object or purpose of the fund.
(b) The statutory authorization to conduct the [utility] operation.
(c) The source or sources to be used to finance the [utility] operation and the statutory authority to levy charges and fees for the [utility.] operation.
(d) The method for controlling expenditures and revenues of the fund.
(e) The method for controlling reserves, depreciation allowances and surpluses.
2. No expenditures from [a utility] an enterprise fund shall be made in excess of the balance of such fund.
3. Each [utility] enterprise fund shall support all expenditures properly related to the purpose of the fund, including but not limited to debt service, capital outlay and operating expenses. No surplus that may be made available to other funds or functions may be declared in [a utility] an enterprise fund until after all proper expenditures have been encumbered against such fund.
Sec. 10. NRS 354.612 is hereby amended to read as follows:
354.612 1. A local government may establish by resolution one or more [working capital revolving] intergovernmental service funds. The resolution establishing [a] the fund shall set forth in detail the following:
(a) The object or purpose of the fund;
(b) The resources to be used to establish the fund;
(c) The source or sources from which the fund shall be replenished;
(d) The method for controlling expenditures and revenues of the fund; and
(e) The method for controlling reserves, depreciation allowances and surpluses.
2. No expenditures from [working capital revolving] intergovernmental service funds shall be made in excess of the balance of such funds nor for a purpose for which there is no source of reimbursement established.
κ1971 Statutes of Nevada, Page 202 (CHAPTER 145, AB 528)κ
nor for a purpose for which there is no source of reimbursement established.
3. Reimbursement payments to [working capital revolving] intergovernmental service funds shall be sufficient to pay all costs of the operation of the [working capital revolving] intergovernmental service funds.
Sec. 11. NRS 354.584 and 354.586 are hereby repealed.
________
Assembly Bill No. 320Committee on Ways and Means
CHAPTER 146
AN ACT relating to motor vehicle fuel taxes; providing a formula to be used in computing annually the amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes; providing for allocation of such amount between the Nevada department of fish and game and the division of state parks of the state department of conservation and natural resources; specifying purposes for which such funds shall be used; and providing other matters properly relating thereto.
[Approved April 2, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 365.535 is hereby amended to read as follows:
365.535 1. [The] By applying the formula contained in subsection 2, the legislature finds as a fact that of the total amount of excise taxes paid [annually] for the calendar year ending December 31, 1970, on all motor vehicle fuel sold, distributed or used in this state not less than [$100,000] $244,545 represents the excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes. It is declared to be the policy of the State of Nevada to apply the motor vehicle fuel tax paid on fuel so used [,] during the calendar year ending December 31, 1970, and during each calendar year thereafter, which is hereby declared to be not refundable to the consumer, for the improvement of boating and other outdoor recreational facilities associated with boating and for the payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act).
2. During the fiscal year commencing July 1, 1972, and annually thereafter the amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes shall be determined by the tax commission by use of the following formula:
(a) Multiplying the total boats with motors registered the previous calendar year, pursuant to provisions of chapter 488 of NRS, times 220.76 gallons average fuel purchased per boat; and
(b) Adding 566,771 gallons of fuel purchased by out-of-state boaters as determined through a study conducted during 1969-1970 by the division of agricultural and resource economics, Max C. Fleischmann college of agriculture, University of Nevada, Reno; and
κ1971 Statutes of Nevada, Page 203 (CHAPTER 146, AB 320)κ
(c) Multiplying the total gallons determined by adding the total obtained under paragraph (a) to the figure in paragraph (b) times the excise tax rates levied under the provisions of NRS 365.170 to 365.190, inclusive.
3. The Nevada department of fish and game shall submit annually to the tax commission, on or before April 1, the number of boats with motors registered in the previous calendar year. On or before June 1, the tax commission, using such data, shall compute the amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes based on the formula set forth in subsection 2, and shall certify the apportionment and distribution ratio as defined in subsection 4, in writing, to the Nevada department of fish and game and to the division of state parks of the state department of conservation and natural resources for the next fiscal year.
4. Beginning with the fiscal year commencing July 1, [1969,] 1971, and in each fiscal year thereafter, the state treasurer shall, upon receipt of the tax moneys from the tax commission collected pursuant to the provisions of NRS 365.170 to 365.190, inclusive:
(a) [Remit the sum of $30,000] Allocate 30 percent of the remittances and deposits made pursuant to subsections 1 and 2 to the Nevada department of fish and game for deposit and use as provided in subsection 2 of NRS 501.356. All moneys so received by the department shall be expended only for the administration and enforcement of the provisions of chapter 488 of NRS [.] and for the improvement of boating facilities and other outdoor recreational facilities associated with boating on state-owned wildlife management areas. Any of these funds declared by the Nevada department of fish and game to be in excess of their immediate requirements for these purposes may, in accordance with subsection 5 of NRS 501.181, be transferred to the credit of the division of state parks of the state department of conservation and natural resources for their use in accordance with the provisions of paragraph (b).
(b) Deposit in the general fund in the state treasury to the credit of the division of state parks of the state department of conservation and natural resources [the sum of $70,000] 70 percent of the remittances and deposits made pursuant to subsections 1 and 2. All moneys so deposited to the credit of the division of state parks of the state department of conservation and natural resources shall be expended only as authorized by the legislature for the improvement of boating facilities and other outdoor recreational facilities associated with boating.
[3.] 5. Remittances and deposits required to be made by the state treasurer pursuant to the provisions of subsection [2] 4 may be made quarterly or oftener if convenient to the state treasurer.
________
κ1971 Statutes of Nevada, Page 204κ
Assembly Bill No. 709Committee on Ways and Means
CHAPTER 147
AN ACT relating to maintenance and defense of possessory actions on public lands; abolishing an unused special fund for the maintenance and protection of the insane and providing for deposits of moneys formerly earmarked for such fund in the general fund in the state treasury.
[Approved April 2, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 326.050 is hereby amended to read as follows:
326.050 1. At any time after the provisions of NRS 326.020, 326.030 and 326.040 have been complied with, the person so complying shall be permitted to absent himself from such claim, without being required to occupy the same, for a period of not more than 12 months; but the person so wishing to absent himself shall first pay to the county treasurer of the county in which the claim is situated the sum of $15. Upon such payment, the county treasurer shall issue a receipt for the same, and at any time within 12 months after the date thereof the receipt shall be received as prima facie evidence of possession in any court having jurisdiction in such cases.
2. Any person absenting himself from a claim for a longer period than 60 days without first paying the sum provided in subsection 1 shall forever forfeit his claim to the lands.
3. One-half of the amount paid to any county treasurer under the provisions of this section shall be paid by the county treasurer into the general fund of the county, and whenever the county treasurer makes his regular settlements with the state treasurer the balance shall be paid into the state treasury. The state treasurer shall [set apart and retain] pay all moneys received from such source [as a special fund, which may be appropriated by law for the maintenance and protection of the insane.] into the general fund in the state treasury.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 191Messrs. Torvinen and Howard
CHAPTER 148
AN ACT granting authority to general improvement districts to levy an ad valorem property tax for television maintenance facilities.
[Approved April 2, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 318.1192 is hereby amended to read as follows:
318.1192 In the case of a district created wholly or in part for acquiring television maintenance facilities, the board shall have power to:
κ1971 Statutes of Nevada, Page 205 (CHAPTER 148, AB 191)κ
1. Acquire television broadcast, transmission and relay improvements.
2. Levy special assessments against specially benefited real property on which are located television receivers operated within the district and able to receive television broadcasts supplied by the district.
3. Fix tolls, rates and other service or use charges for services furnished by the district or facilities of the district, including without limitation any one, all or any combination of the following:
(a) Flat rate charges;
(b) Charges classified by the number of receivers;
(c) Charges classified by the value of property served by television receivers;
(d) Charges classified by the character of the property served by television receivers;
(e) Minimum charges;
(f) Standby charges; or
(g) Other charges based on the availability of service.
4. The district shall not have the power in connection with the basic power stated in this section to [:
(a) Levy general (ad valorem) property taxes; nor
(b) Borrow] borrow money which loan is evidenced by the issuance of any general obligation bonds or other general obligations of the district.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 253Messrs. Lowman, Dreyer and Schofield
CHAPTER 149
AN ACT relating to crimes and punishments; redefining obscenity and other terms; providing a penalty; and providing other matters properly relating thereto.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 201.250 is hereby amended to read as follows:
201.250 1. In this section, unless the context otherwise requires:
(a) Item includes any book, leaflet, pamphlet, magazine, booklet, picture, drawing, photograph, film, negative, slide, motion picture, figure, object, article, novelty device, recording, transcription or other similar items
(b) [Obscene means that which considered as a whole has as its dominant theme or purpose an appeal to prurient interest or a shameful or morbid interest in nudity, sex or lewdness going substantially beyond customary limits of candor in description or representation of such materials.] Material means anything tangible which is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.
κ1971 Statutes of Nevada, Page 206 (CHAPTER 149, AB 253)κ
(c) Obscene means any item, material or performance if:
(1) Considered as a whole, its predominant appeal is to prurient, shameful or morbid interest in nudity, sex, excretion, sadism or masochism; and
(2) It goes substantially beyond customary limits of candor in describing or representing such matters; and
(3) It is utterly without redeeming social value.
Predominant appeal shall be judged with reference to ordinary adults, unless it appears, from the character of the material or the circumstances of its dissemination, to be designed for children or other specially susceptible audiences.
(d) Performance means any play, motion picture, dance or other exhibition performed before an audience.
2. A person is guilty of a misdemeanor who knowingly:
(a) Prints, copies, manufactures, prepares, produces or reproduces any obscene item or material for purposes of sale or commercial distribution.
(b) Publishes, sells, rents, transports in intrastate commerce, or commercially distributes or exhibits any obscene item [,] or material, or offers to do any such things.
(c) Has in his possession with intent to sell, rent, transport or commercially distribute any obscene item [.] or material.
3. No person, firm, association or corporation shall, as a condition to any sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication require that the purchaser or consignee receive for resale any other item, article, book or other publication which is obscene. No person, firm, association or corporation shall deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept such items, articles, books or publications, or by reason of the return thereof. A person, firm, association or corporation who violates any provision of this subsection is guilty of a misdemeanor.
4. (a) The district court has jurisdiction to enjoin the sale or distribution of obscene prints and articles, as described in paragraph (b).
(b) The district attorney of any county or the city attorney of any city in which a person, firm, association or corporation publishes, sells or distributes or is about to sell or distribute or has in his possession with intent to sell or distribute or is about to acquire possession with intent to sell or distribute any book, magazine, pamphlet, comic book, story paper, writing, paper, picture, drawing, photograph, figure, image or any written or printed matter of an obscene character, or which contains an article or instrument of obscene use or purports to be for an obscene use or purpose, or in any other respect defined in subsection 1, may maintain an action on behalf of such county or city for an injunction against such person, firm, association or corporation in the district court to prevent the sale or further sale or the distribution or further distribution of the acquisition, publication or possession within the state of any book, magazine, pamphlet, comic book, story paper, writing, paper, picture, drawing, photographed figure or image or any written or printed matter of an obscene character, described in this subsection or in subsection 1.
(c) The person, firm, association or corporation sought to be enjoined shall be entitled to a trial of the issues within 10 days after joinder of issue and a decision shall be rendered by the court within 10 days of the conclusion of the trial.
κ1971 Statutes of Nevada, Page 207 (CHAPTER 149, AB 253)κ
shall be entitled to a trial of the issues within 10 days after joinder of issue and a decision shall be rendered by the court within 10 days of the conclusion of the trial.
(d) If a final order or judgment of injunction is entered against the person, firm, association or corporation sought to be enjoined, such final order of judgment shall contain a provision directing the person, firm, association or corporation to surrender to the sheriff of the county in which the action was brought any of the matter described in paragraph (b), and such sheriff shall be directed to seize and destroy such obscene prints and articles.
(e) In any action brought as provided in this subsection, such district attorney or city attorney bringing the action shall not be required to file any undertaking before the issuance of an injunction order provided for in paragraph (c).
(f) The sheriff directed to seize and destroy such obscene prints and articles shall not be liable for damages sustained by reason of the injunction order in cases where judgment is rendered in favor of the person, firm, association or corporation sought to be enjoined.
(g) Every person, firm, association or corporation who sells, distributes, or acquires possession with intent to sell or distribute any of the matter described in paragraph (b), after the service upon him of a summons and complaint in an action brought pursuant to this subsection is chargeable with knowledge of the contents of such matter.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 485Committee on Judiciary
CHAPTER 150
AN ACT making current the provision governing expenditure of moneys from the oil and gas conservation fund by including expenses resulting from the states affiliation with the Interstate Oil Compact Commission.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 522.150 is hereby amended to read as follows:
522.150 1. All moneys collected under the provisions of this chapter shall be remitted to the state treasurer, and by him shall be credited to a special fund known as the oil and gas conservation fund, which fund is hereby created. All moneys credited to that fund shall be expended for the purposes of administering the provisions of this chapter. In [the event that the State of Nevada should enter the Interstate Oil Compact Commission,] addition, any and all expenses in connection with [this affiliation] Nevadas affiliation with the Interstate Oil Compact Commission shall be paid from the above fund. All moneys in the oil and gas conservation fund are appropriated to the commission. No such moneys shall revert to the general fund at the end of any fiscal period, but shall remain in the oil and gas conservation fund to cover future operating expenses of the commission.
κ1971 Statutes of Nevada, Page 208 (CHAPTER 150, SB 485)κ
shall revert to the general fund at the end of any fiscal period, but shall remain in the oil and gas conservation fund to cover future operating expenses of the commission. All moneys hereby appropriated shall be expended under the direction of the commission in accordance with statutes of this state relating to the expenditure of appropriations, and warrants shall be drawn against said appropriation as now provided by law.
2. For the purposes of paying the expenses of administration of this chapter, every producer of oil or natural gas in this state shall on or before the last day of each month report to the commission and to the state treasurer his or its production in this state of oil in barrels and of natural gas in thousands of cubic feet during the preceding month, and at the same time shall pay to the state treasurer a tax on each and every barrel of oil and on each and every 50,000 cubic feet of natural gas produced and marketed by him or it during such preceding month. Every person purchasing such oil or natural gas shall be liable for the payment of the tax per barrel of oil or per 50,000 cubic feet of natural gas, unless it shall have previously been paid by the producer. The tax rate shall be 5 mills per barrel of oil or per 50,000 cubic feet of natural gas.
3. For the purpose of paying expenses incidental to the establishment of the commission, funds shall be provided by direct legislative appropriation from the general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 400Committee on Judiciary
CHAPTER 151
AN ACT permitting a grand jury, in the absence of the judge, to return a presentment or indictment to the clerk of the court; and providing other matters properly relating thereto.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 172.255 is hereby amended to read as follows:
172.255 1. A presentment or indictment may be found only upon the concurrence of 12 or more jurors. The presentment or indictment shall be returned by the grand jury to a judge in open court [.] or, in the absence of the judge, to the clerk of the court in open court, who shall determine that 12 or more jurors concurred in finding a presentment or indictment. If the defendant has been held to answer and 12 jurors do not concur in finding a presentment or indictment, the foreman shall so report to the court in writing forthwith.
2. The failure to indict shall not, however, prevent the same charge from being again submitted to a grand jury or as often as the court shall so direct. But, without such direction, it shall not be again submitted.
________
κ1971 Statutes of Nevada, Page 209κ
Senate Bill No. 380Committee on Judiciary
CHAPTER 152
AN ACT relating to public works and planning; eliminating reference to aliens in provision governing preferential employment on public works construction; and providing other matters properly relating thereto.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 338.130 is hereby amended to read as follows:
338.130 1. [Only citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States shall be employed by any contractor with the State of Nevada or any political subdivision of the state, or by any person acting under or for such officer or contractor, in the construction of public works.
2.] In all cases where persons are [so] employed [,] in the construction of public works, preference shall be given, the qualifications of the applicants being equal:
(a) First: To honorably discharged soldiers, sailors and marines of the United States who are citizens of the State of Nevada.
(b) Second: To other citizens of the State of Nevada.
[3.] 2. Nothing in this section shall be construed to prevent [:
(a) The] the working of prisoners by the State of Nevada, or by any political subdivision of the state, on street or road work or other public work.
[(b) The working of aliens, who have not forfeited their right to citizenship by claiming exemption from military service, as common laborers in the construction of public roads, when it can be shown that citizens or wards of the United States or persons who have been honorably discharged from the military service of the United States are not available for such employment; but any alien so employed shall be replaced by a citizen, ward or ex-service person of the United States applying for employment.]
[4.] 3. In each contract for the construction of public works a proviso shall be inserted to the effect that if the provisions of this section are not complied with by the contractor, the contract shall be void, and any failure or refusal to comply with any of the provisions of this section shall render any such contract void. All boards, commissions, officers, agents and employees having the power to enter into contracts for the expenditure of public money on public works shall file in the office of the labor commissioner the names and addresses of all contractors holding contracts with the State of Nevada, or with any political subdivision of the state. Upon the letting of new contracts the names and addresses of such new contractors shall likewise be filed. Upon the demand of the labor commissioner a contractor shall furnish a list of the names and addresses of all subcontractors in his employ.
[5.] 4. Subject to the exceptions contained in this section, no money shall be paid out of the state treasury or out of the treasury of any political subdivision of the state to any person employed on any work mentioned in this section unless [such person shall be a citizen or ward or naturalized citizen of the United States.]
κ1971 Statutes of Nevada, Page 210 (CHAPTER 152, SB 380)κ
in this section unless [such person shall be a citizen or ward or naturalized citizen of the United States.] there has been compliance with the provisions of this section.
[6.] 5. Any contractor with the State of Nevada or with any political subdivision of the state or any other person who violates any of the provisions of this section shall be guilty of a misdemeanor. The penalties provided for in this section shall not apply where violations thereof are due to misrepresentations made by the employee or employees. [by the production of fraudulent papers evidencing citizenship in the United States.]
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 126Committee on Judiciary
CHAPTER 153
AN ACT relating to industrial insurance; limiting the jurisdiction of the medical board of the Nevada industrial commission to consideration of medical questions only.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.190 is hereby amended to read as follows:
616.190 1. The chairman of the commission annually shall request the Nevada State Medical Association to select and establish a list of three licensed physicians in good professional standing, which physicians, when so chosen, shall be and constitute a medical board for the purposes mentioned in this chapter.
2. The jurisdiction of the medical board shall be limited solely to the consideration and determination of medical questions and the extent of disability of injured employees referred by the commission. It shall not consider or determine legal questions such as whether or not the injury arose out of and in the course of employment. The findings of the medical board or a majority of the members thereof shall be final and binding on the commission.
3. Each member of the medical board shall receive as compensation for his services a sum not to exceed $25 per day when actually engaged upon the investigation and determination of such referred cases.
4. Each member of the medical board shall be entitled to reasonable and necessary traveling expenses incurred while actually engaged in the performance of his duties.
Sec. 2. NRS 616.540 is hereby amended to read as follows:
616.540 1. If on a claim for compensation by an injured employee any medical question or the extent of disability of an injured employee shall be in controversy, the commission shall refer the case to the medical board.
2. The medical board shall, upon such reference, notify the injured employee of the time and place set for examination and investigation into such medical question or determination of the extent of disability.
κ1971 Statutes of Nevada, Page 211 (CHAPTER 153, SB 126)κ
such medical question or determination of the extent of disability. At the time set, the medical board shall make a full, complete and thorough examination of the injured employee, who may have a physician of his own choosing in attendance, and forthwith, in a joint report, if all of the medical board members are in agreement, shall submit their findings, conclusions and recommendations, concerning medical questions only, to the commission.
3. Should the medical board not be in agreement as to the findings, conclusions and recommendations, the members of the medical board shall submit separate and individual reports, concerning medical questions only, to the commission.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 486Committee on Judiciary
CHAPTER 154
AN ACT conforming the times when the liquefied petroleum gas board is required to report to the governor with requirements of other similar agencies.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 590.505 is hereby amended to read as follows:
590.505 1. The board shall have the power to adopt a seal for its own use which shall have imprinted thereon the words Nevada Liquefied Petroleum Gas Board. The care and custody of the seal shall be in the hands of the secretary-treasurer of the board.
2. The board is authorized and empowered to appoint an executive secretary and such other technical, clerical or investigative personnel as it deems necessary and to fix the compensation for such appointees. The executive secretary and all appointees shall be paid out of the funds of the board. The board may require the executive secretary and any other appointees to give a bond to the board for the faithful performance of their duties, the premiums on such bond being paid out of the funds of the board.
3. The board is authorized and empowered to adopt, promulgate and enforce rules, regulations and specifications setting forth minimum general standards covering the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck, tank trailer, and utilizing liquefied petroleum gases and specifying the odorization of the gases and the degree thereof. The rules, regulations and specifications shall be adopted, promulgated, revised, amended, revoked or superseded in the manner provided in NRS 590.465 to 590.645, inclusive. All rules, regulations and specifications so adopted shall have uniform application and be enforced uniformly throughout the state.
4. The board shall have the power to prescribe the method and form of application for a liquefied petroleum gas license, investigate the experience, reputation and background of applicants, issue, suspend, revoke or deny licenses and conduct hearings in connection with the applications for, or revocation of, licenses.
κ1971 Statutes of Nevada, Page 212 (CHAPTER 154, SB 486)κ
of application for a liquefied petroleum gas license, investigate the experience, reputation and background of applicants, issue, suspend, revoke or deny licenses and conduct hearings in connection with the applications for, or revocation of, licenses. In conducting hearings on the issuance or revocation of any license, the board shall have the power to compel the attendance of witnesses by use of subpena, to administer oaths or affirmations, to take testimony and evidence and to apply to the district court of the county where the hearing is held for an order citing any applicant or witness for contempt, for failure to attend or testify.
5. The board shall have power to either suspend or revoke licenses already issued and to refuse renewals of licenses when the applicant or licensee has been guilty of acts of conduct, harmful to either the safety or protection of the public.
6. In carrying out the provisions of NRS 590.465 to 590.645, inclusive, and holding its regular or special meetings, the board shall have the power to adopt and amend bylaws setting forth procedures and methods of operation.
7. The board shall [, 30 days prior to the meeting of the regular session of the legislature,] submit to the governor [a full and true report] a biennial report before September 1 of each even-numbered year, covering the biennium ending June 30 of such year, of its transactions during the preceding biennium, including a complete statement of the receipts and expenditures of the board during the period.
8. The board shall keep accurate records and minutes of all meetings and the records and minutes so kept shall be open to public inspection at all reasonable times. The board shall also keep a record of all applications for licenses, and licenses issued by it, which shall be a public record.
9. The board is authorized and empowered to retain all application and license fees collected under the provisions of NRS 590.465 to 590.645, inclusive, for the maintenance of an office, the payment of salaries and expenses and the carrying out of the provisions of NRS 590.465 to 590.645, inclusive.
10. The board is authorized, at its election, to conduct examinations of any applicant to determine the responsibility, ability, knowledge, experience or other qualification of the applicant for a license under NRS 590.465 to 590.645, inclusive, and may require a reasonable amount of personal injury and property damage insurance coverage.
11. The board is authorized to grant variances from its rules, regulations and specifications when it deems it to the best interest of the safety of the public or the persons using such LPG materials or services.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 213κ
Senate Bill No. 451Committee on Taxation
CHAPTER 155
AN ACT relating to the taxation of interstate property of electric light and power companies; clarifying the valuation of such property; and providing other matters properly relating thereto.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.320 is hereby amended to read as follows:
361.320 1. At the regular session of the Nevada tax commission commencing on the 1st Monday in October of each year, the Nevada tax commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which shall in any event include the property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, air transport, electric light and power companies, together with their franchises, and the property and franchises of all railway express companies operating on any common or contract carrier in this state. Such valuation shall not include the value of vehicles as defined in NRS 371.020.
2. Except as otherwise provided in subsections 3 and 4, the foregoing shall be assessed as follows: The Nevada tax commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, the Nevada tax commission shall then proceed to determine the total aggregate mileage operated within the state and within the several counties thereof, and apportion the same upon a mile-unit valuation basis, and the number of miles so apportioned to any county shall be subject to assessment in that county according to the mile-unit valuation so established by the Nevada tax commission.
3. Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and such physical property also includes [two] three or more operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:
(a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.
(b) Apportion 15 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.
(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.
4. Where 75 percent or more of the physical property of an electric light and power company is devoted to the generation or transmission of electricity for use outside the State of Nevada and such physical property also includes two but not more than two operating units which are not interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:
κ1971 Statutes of Nevada, Page 214 (CHAPTER 155, SB 451)κ
interconnected at any point within the State of Nevada, the Nevada tax commission shall successively:
(a) Determine separately the valuation of each operating unit, using the valuation criteria provided in subsection 2.
(b) Apportion 20 percent of the valuation of each operating unit which generates electricity predominantly for use outside Nevada to each other operating unit within the State of Nevada.
(c) Apportion the valuation of each operating unit, adjusted as required by paragraph (b) upon a mile-unit basis among the counties in which such operating unit is located.
5. The Nevada tax commission shall prepare and adopt formulas, and cause the same to be incorporated in its records, providing the method or methods pursued in fixing and establishing the full cash value of all franchises and property assessed by it. Such formulas shall be adopted and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but such formulas shall in any event show all the elements of value considered by the Nevada tax commission in arriving at and fixing the value for any class of property assessed by it.
6. The word company shall be construed to mean and include any person or persons, company, corporation or association engaged in the business described.
7. In case of the omission by the Nevada tax commission to establish a valuation for assessment purposes upon the property mentioned in this section, the county assessors of any counties wherein such property is situated shall assess the same.
8. All other property shall be assessed by the county assessors, except that the valuation of land, livestock and mobile homes shall be established for assessment purposes by the Nevada tax commission as provided in NRS 361.325.
9. On or before the 1st Monday in December the Nevada tax commission shall transmit to the several county assessors the assessed valuation found by it on such classes of property as are enumerated in this section, together with the apportionment of each county of such assessment. The several county assessors shall enter on the roll all such assessments transmitted to them by the Nevada tax commission.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 498Committee on Judiciary
CHAPTER 156
AN ACT repealing an obsolete definition in the law governing motor vehicle fuel taxes.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 365.025 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 215κ
Senate Bill No. 499Committee on Judiciary
CHAPTER 157
AN ACT relating to property taxes; deleting an obsolete reference to poll taxes and correcting the appellation tax collector to read tax receiver.
[Approved April 6, 1971]
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 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.
(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. Such notice shall be mailed in the following manner:
(a) 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 first class 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. Upon mailing the original notice of delinquency, the tax [collector] receiver shall issue his personal affidavit to the board of county commissioners affirming that due notice had been mailed in respect to each parcel.
κ1971 Statutes of Nevada, Page 216 (CHAPTER 157, SB 499)κ
that due notice had been mailed in respect to each parcel. The affidavit shall recite the number of letters mailed, the number of letters returned, and the number of letters finally determined to be undeliverable. Detailed records shall be maintained by the tax [collector] receiver in support of his affidavit, in such content as the Nevada tax commission may prescribe, until the period of redemption has expired.
(b) A second copy shall be sent by certified mail, 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. 502Committee on Judiciary
CHAPTER 158
AN ACT relating to vehicle licensing and registration; correcting an obsolete reference to operators and chauffeurs license.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.380 is hereby amended to read as follows:
482.380 1. The department is authorized to provide for the issuance of special motor vehicle license plates on a yearly basis to persons who have resided in the State of Nevada for a period of 6 months preceding the date of application for the license plates and who own a motor vehicle, 1915 model or prior thereto.
2. For the purposes of administering the provisions of this section, the department is authorized to recognize the Horseless Carriage Club of Nevada as presently constituted as the official Horseless Carriage Club of Nevada and to designate and appoint one member of the board of directors of the Horseless Carriage Club of Nevada to act as and be an ex officio deputy of the department and to perform the duties and functions prescribed by this section without compensation, per diem expense allowance or travel expenses.
3. All applicants for license plates pursuant to the provisions of this section shall:
(a) Fill out and sign an application for license plates on a form prescribed and furnished by the ex officio deputy for licensing antique motor vehicles.
(b) Present evidence of his eligibility for license plates by showing, to the satisfaction of the ex officio deputy, residence in this state for 6 months preceding the date of application and ownership of an antique motor vehicle, 1915 model or prior thereto.
(c) Present a certificate of inspection issued by a committee, or member thereof, appointed by the board of directors of the Horseless Carriage Club of Nevada verifying that the antique motor vehicle is in safe and satisfactory mechanical condition, is in good condition and state of repair, is well equipped and is covered by a policy of public liability and property damage insurance written by an insurance company qualified to do business in this state with limits of not less than $10,000 for each person nor less than $20,000 for each accident, and not less than $5,000 for property damage liability.
κ1971 Statutes of Nevada, Page 217 (CHAPTER 158, SB 502)κ
damage insurance written by an insurance company qualified to do business in this state with limits of not less than $10,000 for each person nor less than $20,000 for each accident, and not less than $5,000 for property damage liability.
(d) Exhibit a valid [operators or chauffeurs] drivers license authorizing the applicant to drive a motor vehicle on the highways of this state.
(e) Pay the fee prescribed by the laws of this state for the operation of a passenger car, regardless of weight or number of passenger capacity.
(f) Pay such other fee as prescribed by the board of directors of the Horseless Carriage Club of Nevada necessary to defray all cost of manufacture, transportation and issuance of the special license plates.
4. The ex officio deputy for licensing antique motor vehicles shall annually on a calendar year basis issue license plates, approved by the department, for each motor vehicle owned by an applicant who meets the requirements of subsection 3, in compliance with the following conditions:
(a) The license plates shall be numbered and issued consecutively each year beginning with Horseless Carriage 1.
(b) The license plates shall conform, as nearly as possible, to the color and type of license plate issued in this state for regular passenger cars.
(c) The special license plates issued under the provisions of this section shall be specified, procured, transported and issued solely at the expense and cost of the the Horseless Carriage Club of Nevada and without any expense to the State of Nevada.
5. The ex officio deputy for licensing antique motor vehicles shall pay quarterly to the department the prescribed fee for the licensing of passenger cars as provided in paragraph (e) of subsection 3. The fees so received shall be used, disbursed or deposited by the department in the same manner as provided by law for other motor vehicle registration and licensing fees. All other fees collected to defray expenses shall be retained by the board of directors of the Horseless Carriage Club of Nevada.
6. Licenses obtained under this section shall be in lieu of the license otherwise provided in this chapter and shall be valid for the calendar year in which issued.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 503Committee on Judiciary
CHAPTER 159
AN ACT conforming Nevada Revised Statutes to the provisions of the federal Immigration and Nationality Act by deleting references regarding declaration of intention to become a resident and substituting the term lawful permanent resident.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 324.220 is hereby amended to read as follows:
324.220 1. Any citizen of the United States or a person who [has declared his intention to become a citizen] is a lawful permanent resident of the United States, over the age of 21 years, including married women, may make application, under oath, to the commission to enter any of such land in an amount not to exceed 160 acres for any one person.
κ1971 Statutes of Nevada, Page 218 (CHAPTER 159, SB 503)κ
of the United States, over the age of 21 years, including married women, may make application, under oath, to the commission to enter any of such land in an amount not to exceed 160 acres for any one person.
2. The application shall:
(a) Set forth that the person desiring to make such entry does so for the purpose of actual reclamation, cultivation and settlement in accordance with the Carey Act and the laws of this state relative thereto.
(b) Set forth that the applicant has never received the benefit of the provisions of this chapter to an amount greater than 160 acres, including the number of acres specified in the application under consideration.
(c) Be accompanied by a certified copy of a contract for a perpetual water right, made and entered into by the party making application with the person or persons, association, company or corporation authorized by the commission to furnish water for the reclamation of such lands.
(d) If the applicant has at any previous time entered lands under the provisions of this section, state such fact together with the description, date of entry and location of such land.
(e) Be accompanied by a payment of 25 cents per acre, which shall be a partial payment of the land if the application is allowed.
3. The commission shall file the application and papers relating thereto in its office, and, if allowed, shall issue a certificate of location to the applicant. All certificates, when issued, shall be recorded in a book to be kept for that purpose.
4. If the application is not allowed, the 25 cents per acre accompanying the application shall be refunded to the applicant.
5. The balance unpaid on the price fixed by the commission for the land allowed an applicant shall be due and payable in such installments and at such times as the commission shall prescribe, but before a patent shall issue the full price of such land shall have been paid by the settler.
Sec. 2. NRS 391.060 is hereby amended to read as follows:
391.060 1. Except as provided in NRS 391.070, it shall be unlawful for:
(a) The superintendent of public instruction or a board of trustees of a school district to employ any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or who [has not declared his intention to become a citizen] is not a lawful permanent resident of the United States.
(b) The state controller or any county auditor to issue any warrant to any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or who [has not declared his intention of becoming a citizen] is not a lawful permanent resident of the United States.
2. Any person violating any of the provisions of this section shall be guilty of a misdemeanor.
Sec. 3. NRS 517.010 is hereby amended to read as follows:
517.010 Any person who is a citizen of the United States, or who [has declared his intention to become a citizen] is a lawful permanent resident of the United States, who discovers a vein or lode may locate a lode mining claim thereon by:
1. Defining the boundaries of the claim in the manner and within the time prescribed by NRS 517.030; and
κ1971 Statutes of Nevada, Page 219 (CHAPTER 159, SB 503)κ
2. Erecting or constructing at the point of such discovery a monument of the size and character of any of the several monuments prescribed in NRS 517.030; and
3. Posting in or upon such discovery monument a notice of such location, which must contain:
(a) The name of the claim.
(b) The name of the locator or locators, together with the post office address of such locator or locators.
(c) The date of location.
(d) The number of linear feet claimed in the length along the course of the vein, each way from the point of discovery, with the width claimed on each side of the center of the vein and the general course of the lode or vein, as near as may be.
Sec. 4. NRS 625.180 is hereby amended to read as follows:
625.180 1. Any citizen of the United States or any person who [has declared his intention to become a citizen] is a lawful permanent resident of the United States, being over the age of 21 years, may apply to the board for examination, under its rules, for registration as a professional engineer.
2. No person shall be eligible for registration as a professional engineer who is not of good character and reputation.
3. No applicant for registration as a professional engineer shall be entitled to take the examination unless:
(a) He is a graduate from an approved course in engineering of 4 years or more in a school or college approved by the board as of satisfactory standing, and has a specific record of an additional 4 years or more of active experience in engineering work of a character satisfactory to the board, and indicating that the applicant is competent to be placed in responsible charge of such work; or
(b) In lieu of the requirements contained in paragraph (a) of this subsection, he has a specific record of 8 years or more of active experience in engineering work of a character satisfactory to the board, and indicating that the applicant is competent to be placed in responsible charge of such work.
4. The satisfactory completion of each year of approved courses in engineering in a school or college approved by the board as of satisfactory standing, without graduation, shall be considered as equivalent to 1 year of active experience.
5. Graduation in a course other than engineering from a college or university of recognized standing shall be considered as equivalent to 2 years of active experience.
6. No applicant shall receive credit for more than 4 years of active experience because of educational qualifications.
7. The mere execution as a contractor of work designed by a professional engineer or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be active experience in engineering work.
8. Any person having the necessary qualifications prescribed in this chapter to entitled him to registration shall be eligible for such registration although he may not be practicing his profession at the time of making his application.
κ1971 Statutes of Nevada, Page 220 (CHAPTER 159, SB 503)κ
Sec. 5. NRS 628.190 is hereby amended to read as follows:
628.190 The certificate of certified public accountant shall be granted by the board to any person who:
1. Is a citizen of the United States or [has declared his intention of becoming a citizen;] who is a lawful permanent resident of the United States; and
2. Is a resident of this state or has a place of business therein or, as an employee, is regularly employed therein; and
3. Has attained the age of 21 years; and
4. Is of good moral character; and
5. Meets the requirements of education and experience as provided in NRS 628.200; and
6. Has passed a written examination in theory of accounts, in accounting practice, in auditing, in commercial law as affecting public accounting, and in such other related subjects as the board shall determine to be appropriate.
Sec. 6. NRS 629.060 is hereby amended to read as follows:
629.060 No certificate shall be issued by the board unless the person applying for it submits evidence, satisfactory to the board:
1. That he is a citizen of the United States, or has filed a petition for naturalization which is pending or, not having fulfilled the residence requirements for naturalization, [has filed a declaration of intention to become a citizen.] is a lawful permanent resident of the United States.
2. That he is not less than 21 years old.
3. That he is a person of good moral character.
4. That before he began the study of the healing art he was graduated by an accredited high school, or that he possesses educational qualifications equivalent to those required for graduation from such an accredited high school.
5. That he has adequate knowledge of the basic sciences as shown by his passing the examination given by the board, as required by this chapter.
Sec. 7. NRS 630.160 is hereby amended to read as follows:
630.160 1. Every person desiring to practice medicine, surgery and obstetrics in any of their branches shall, before beginning to practice, procure from the board a certificate authorizing such practice.
2. A certificate may be issued to any person who is a citizen of the United States or any person who has filed a petition for naturalization which is pending or, not having fulfilled the residence requirements for naturalization, [has filed a declaration of intention to become a citizen,] is a lawful permanent resident of the United States, who has served as an interne for at least 1 year in a hospital recognized for interne training by the American Medical Association or has been engaged in the actual practice of medicine for over 7 years immediately previous to March 28, 1949.
Sec. 8. NRS 637.100 is hereby amended to read as follows:
637.100 A candidate, in order to qualify for examination and certification as an ophthalmic dispenser, must furnish proof that he:
1. Is at least 21 years of age.
2. Is of good moral character.
κ1971 Statutes of Nevada, Page 221 (CHAPTER 159, SB 503)κ
3. Is a citizen of the United States, or [has legally declared his intention of becoming one.] is a lawful permanent resident of the United States.
4. Has either:
(a) Served as an apprentice for not less than 4 calendar years fulltime employment in an optical establishment where prescriptions for optical glasses from given formulae have been filled, and has acquired experience in the production and reproduction of ophthalmic lenses and mounting the same to supporting materials, and 1 year of ophthalmic dispensing experience under the direct supervision of a licensed ophthalmic dispenser or licensed optometrist; or
(b) Successfully completed a course of study in a school of ophthalmic dispensing recognized by the board as maintaining a satisfactory standard, and 1 year of ophthalmic experience under the direct supervision of a licensed ophthalmic dispenser or licensed optometrist.
Sec. 9. NRS 638.100 is hereby amended to read as follows:
638.100 1. Any person who desires to secure a license to practice veterinary medicine, surgery, obstetrics or dentistry in the State of Nevada shall make written application to the secretary-treasurer of the board.
2. The application shall be accompanied by satisfactory proof that the applicant:
(a) Is more than 21 years of age.
(b) Is of good moral character.
(c) Has received a diploma conferring the degree of doctor of veterinary medicine or its equivalent from a veterinary school or college approved by the American Veterinary Medical Association.
(d) Is a citizen of the United States or [has filed a declaration of intention to become a citizen.] is a lawful permanent resident of the United States.
3. The application shall also be accompanied by a fee of $100.
4. The board may refuse to issue a license upon satisfactory proof that the applicant:
(a) Has been guilty of unprofessional conduct;
(b) Has been guilty of gross immorality;
(c) Is guilty of habitual drunkenness;
(d) Is addicted to the use of habit-forming drugs; or
(e) Has been convicted of a felony.
Sec. 10. NRS 641.170 is hereby amended to read as follows:
641.170 Each applicant shall furnish evidence satisfactory to the board that he:
1. Is at least 21 years of age.
2. Is of good moral character.
3. Is a citizen of the United States, or [has declared his intention of becoming a citizen.] is a lawful permanent resident of the United States.
4. Has received a doctorate in psychology from an educational institution approved by the board, or has training deemed equivalent by the board in both subject matter and extent of training.
5. Has at least 1 year of post-doctoral experience satisfactory to the board.
________
κ1971 Statutes of Nevada, Page 222κ
Senate Bill No. 504Committee on Judiciary
CHAPTER 160
AN ACT allowing the director of the legislative counsel bureau to designate alternates to act for him in approving claims.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.085 is hereby amended to read as follows:
218.085 1. The legislative fund is hereby created as a continuing fund in the state treasury for the use of the legislature.
2. Support for the legislative fund shall be provided by legislative appropriation from the general fund.
3. Except as provided in subsection 4, expenditures from the legislative fund shall be made only for the purpose of carrying out the provisions of NRS 218.090 to 218.230, inclusive, 218.235, 218.237, 218.2383, 218.2387, 218.280 to 218.520, inclusive, and section 33 of article 4 of the constitution of the State of Nevada, for the purchase of necessary supplies and equipment, and for the payment of routine operating expenses.
4. Expenditures from the legislative fund for purposes other than those specified in subsection 3 of this section shall be made only upon the authority of a concurrent resolution regularly adopted by the senate and assembly.
5. All moneys in the legislative fund shall be paid out on claims approved by the director of the legislative counsel bureau or his designee as other claims against the state are paid.
Sec. 2. NRS 218.640 is hereby amended to read as follows:
218.640 Funds to carry out the functions of the legislative counsel bureau 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 shall be approved by the director of the legislative counsel bureau or his designee before they are paid.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 505Committee on Judiciary
CHAPTER 161
AN ACT clarifying the provisions of the law governing the establishment of general obligation bond commissions in counties and Carson City.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 350.002 is hereby amended to read as follows:
350.002 1. There is hereby created [in Carson City and] in each county a general obligation bond commission, to be composed of one representative of the county, one representative of the school district and the following additional representatives:
κ1971 Statutes of Nevada, Page 223 (CHAPTER 161, SB 505)κ
representative of the county, one representative of the school district and the following additional representatives:
(a) In each county which contains more than one incorporated city or town:
(1) One representative of the city or town in which the county seat is located;
(2) One representative of the other incorporated cities or towns jointly; and
(3) One representative of the public at large.
(b) In each county which contains but one incorporated city or town:
(1) One representative of the incorporated city or town; and
(2) Two representatives of the public at large.
(c) In each county which contains no incorporated city or town, one representative of the public at large.
[(d) In Carson City, the general obligation bond commission shall consist of one representative of the board of supervisors, one representative of the school district, and three representatives of the public at large.]
2. In Carson City, there is hereby created a general obligation bond commission, to be composed of one representative of the board of supervisors, one representative of the school district and three representatives of the public at large.
3. Each representative of a single local government shall be chosen by its governing body. Each representative of two or more local governments shall be chosen by their governing bodies jointly, each governing body having one vote. Each representative of the public at large shall be chosen by the other members of the commission from residents of the county, or Carson City, as the case may be, who have a knowledge of its financial structure. A tie vote shall be resolved by lot.
[3.] 4. The first members of the commission shall be chosen within 30 days following July 1, 1965, and shall serve until December 31, 1966. Their respective successors shall be chosen in January of each odd-numbered year beginning in 1967, and shall hold office for a term of 2 years beginning January 1.
[4.] 5. Any vacancy shall be filled in the same manner as the original choice was made for the remainder of the unexpired term.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 506Committee on Judiciary
CHAPTER 162
AN ACT making a technical amendment to the law prohibiting salary deductions for county employees service as volunteer firemen.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 245.055 is hereby amended to read as follows:
245.055 All county employees shall be paid their salaries as fixed by law, [or] ordinance or resolution without diminution on account of any time spent away from county employment while acting as volunteer firemen of any regular organized and recognized fire department in the protection of life or property during working hours or fractions thereof which should otherwise have been devoted to county employment.
κ1971 Statutes of Nevada, Page 224 (CHAPTER 162, SB 506)κ
time spent away from county employment while acting as volunteer firemen of any regular organized and recognized fire department in the protection of life or property during working hours or fractions thereof which should otherwise have been devoted to county employment.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 508Committee on Judiciary
CHAPTER 163
AN ACT relating to the regulation of nursing; deleting references to the previously abolished state board of nursing fund.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 632.060 is hereby amended to read as follows:
632.060 1. At the meeting of the board to be held in June of each year, the board shall elect from its members a president, a vice president and a secretary.
2. The board may appoint and employ an executive secretary who need not be a member of the board. The executive secretary appointed by the board shall be a professional nurse licensed to practice nursing in the State of Nevada. The executive secretary shall perform such duties as the board may direct and shall receive compensation as set by the board. The executive secretary shall be reimbursed for his actual and necessary expenses incurred in the performance of his duties, and all such payments and reimbursements shall be made [from the state board of nursing fund.] pursuant to the provisions of NRS 632.090.
Sec. 2. NRS 632.080 is hereby amended to read as follows:
632.080 The compensation of the members of the board shall be fixed by the board, but shall not exceed the sum of $25 for each day spent by each member in the discharge of his official duties. The members of the board shall receive travel expenses and subsistence allowances in the performance of their duties as provided by NRS 281.160. All such sums shall be paid [from the state board of nursing fund.] pursuant to the provisions of NRS 632.090.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 225κ
Senate Bill No. 511Committee on Judiciary
CHAPTER 164
AN ACT correcting the amount denominated on Tax-Due stickers under the law governing cigarette licenses and taxes.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 370.300 is hereby amended to read as follows:
370.300 1. No cigarette revenue stamp tax shall be required respecting any cigarettes obtained from a licensed wholesale cigarette dealer for sale at retail in cases where federal immunity from taxation exists, including, among others, sales to qualified customers or patrons of post exchanges, officers messes and federalized territory within the state for whose benefit such post exchanges, officers messes or enclaves shall have been set up.
2. Retailers shall not sell cigarettes to persons who are not beneficiaries of such immunity without making provision for paying the tax due thereon in the following manner. Retailers customarily selling some part of their stock of goods to civilians and others not beneficiaries of federal immunity shall purchase a supply of [7-cent] 10-cent Tax Due stickers or stamps and, on making such exceptional sales, shall affix the proper stamps on the packages when sold. Superfluous stamps may be returned to the tax commission from time to time for redemption at face value.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 512Committee on Judiciary
CHAPTER 165
AN ACT repealing an obsolete provision in the law regulating oil pipeline carriers.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 708.080 is hereby amended to read as follows:
708.080 1. Such common carriers of crude oil or petroleum shall make and publish their tariffs under such rules and regulations as may be prescribed by the commission.
2. The commission shall require such common carriers to make reports, and may investigate their books and records kept in connection with such business, but no publicity shall be given by the commission to the reports as to the stock or crude oil or petroleum on hand of any particular pipeline. In its discretion, the commission may make public the aggregate amounts held by all the pipelines making such reports, and of their aggregate storage capacity.
κ1971 Statutes of Nevada, Page 226 (CHAPTER 165, SB 512)κ
3. The commission shall have the power and authority:
(a) To hear and determine complaints.
(b) To require attendance of witnesses and pay their expenses. [out of the fund created by NRS 708.040.]
(c) To institute suits and sue out such writs and process as may be necessary for the enforcement of its orders.
Sec. 2. NRS 708.040 is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 513Committee on Judiciary
CHAPTER 166
AN ACT substituting a reference to the insurance division of the department of commerce for an incorrect reference to the department of insurance in the Nevada Installment Loan and Finance Act.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 675.300 is hereby amended to read as follows:
675.300 1. A licensee may require a borrower to insure tangible personal property when offered as security for a loan under this chapter against any substantial risk of loss, damage or destruction for an amount not to exceed the actual value of such property and for a term and upon conditions which are reasonable and appropriate considering the nature of the property and the maturity and other circumstances of the loan.
2. A licensee may provide, obtain or take as security for a loan insurance on the life and on the health or disability, or both, of one party obligated on the loan provided that any such insurance provided or obtained by the licensee shall comply with the applicable provisions of NRS 684.020, 690.310 to 690.450, inclusive, and 692.500 to 692.630, inclusive.
3. In accepting any insurance provided by this section as security for a loan, the licensee may deduct the premiums or identifiable charge therefor from the proceeds of the loan, which premium or identifiable charge shall not exceed those filed with and approved by the commissioner of insurance, and remit such premiums to the insurance company writing such insurance, and any gain or advantage to the licensee, any employee, officer, director, agent, affiliate or associate from such insurance or its sale shall not be considered as additional or further charge in connection with any loan made under this chapter. Not more than one policy of life insurance and one policy providing accident and health coverage shall be written by a licensee in connection with any loan transaction under this chapter, and a licensee shall not require the borrower to be insured as a condition of any loan. If the unpaid balance of the loan is prepaid in full by cash or other thing of value, refinancing, renewal, a new loan or otherwise, the charge for any credit life insurance and any credit accident and health insurance shall be refunded or credited in accordance with the method established in NRS 675.290 for refunding or computing credit charges. Whenever insurance is written in connection with a loan transaction pursuant to this section, the licensee shall deliver or cause to be delivered to the borrower the certificate, instrument or other memorandum showing the cost thereof to the borrower, within 30 days from the date of the loan.
κ1971 Statutes of Nevada, Page 227 (CHAPTER 166, SB 513)κ
transaction pursuant to this section, the licensee shall deliver or cause to be delivered to the borrower the certificate, instrument or other memorandum showing the cost thereof to the borrower, within 30 days from the date of the loan. All such insurance shall be written by a company authorized to conduct such business in this state, and the licensee shall not require the purchase of such insurance from any agent or broker designated by the licensee.
4. Every insurance policy or certificate written in connection with a loan transaction, pursuant to subsection 2 shall provide for cancellation of the coverage and a refund of the premium or identifiable charge unearned, upon the discharge of the loan obligation for which such insurance is security, without prejudice to any claim.
Such refund shall be under a formula filed by the insurer with the [department of insurance.] insurance division of the department of commerce.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 514Committee on Judiciary
CHAPTER 167
AN ACT clarifying the law relating to the effective date of town ordinances and of actions taken by town boards.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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 [its adoption.] the ordinance was adopted or the action was taken.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 516Committee on Judiciary
CHAPTER 168
AN ACT deleting redundant language from the provision of law requiring the department of motor vehicles to establish qualifications it believes necessary for safe driving of various vehicles.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.325 is hereby amended to read as follows:
483.325 [1. The department upon issuing a drivers license shall indicate thereon the type or class of vehicles which the licensee may drive.
κ1971 Statutes of Nevada, Page 228 (CHAPTER 168, SB 516)κ
2.] The department shall establish such qualifications as it believes reasonably necessary for the safe driving of the various types, sizes or combinations of vehicles and shall appropriately examine each applicant to determine his qualifications according to the type or class of license applied for.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 542Committee on Judiciary
CHAPTER 169
AN ACT amending NRS 706.646, relating to the priority of a lien of the department of motor vehicles on a motor carrier vehicle, by conforming language with the Uniform Commercial Code.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.646 is hereby amended to read as follows:
706.646 The lien is paramount to all private liens or encumbrances of whatever character upon the motor vehicle and to the rights of any conditional vendor or any other holder of the legal title to such motor vehicle, with the following exceptions:
1. The lien shall not be enforcible against any motor vehicle which was transferred in good faith to a bona fide transferee before physical possession of the motor vehicle was taken by the State of Nevada pursuant to the lien.
2. The lien shall be subordinate to any lien of indebtedness secured by a [chattel mortgage or condition sales] security agreement which existed against a motor vehicle prior to the time when the lien provided by NRS 706.644 attached to such motor vehicle if:
(a) Such indebtedness was incurred in good faith to secure a portion of the purchase price of such motor vehicle;
(b) Such indebtedness is secured by a [chattel mortgage or conditional sales] security agreement perfected as required by law; and
(c) Such [chattel mortgage, whether a purchase money mortgage or otherwise, or conditional sales agreement] security agreement, whether providing for a purchase money security interest or otherwise, was not given, directly or indirectly, to any officer or stockholder of a corporation having the lawful use or control of such motor vehicle.
3. Notwithstanding the provisions of subsection 2, the lien provided by NRS 706.644 shall be enforcible as to any equity which may remain in a motor vehicle subject to such lien after the encumbrance of any [chattel mortgage or conditional sales] security agreement has been removed by repossession and sale of such motor vehicle by a [chattel mortgagee or conditional vendor,] secured party, but no such sale, either public or private, may be had unless such [chattel mortgagee or conditional vendor] secured party has served, by registered or certified mail, at least 5 days prior to the date set for sale, notice upon the director of the department of the time and place of such sale.
κ1971 Statutes of Nevada, Page 229 (CHAPTER 169, SB 542)κ
at least 5 days prior to the date set for sale, notice upon the director of the department of the time and place of such sale. The department shall notify the legal owner, if the name of the legal owner is known to the department, at the time the lien attaches to any vehicle, or as soon thereafter as the department learns that the lien has attached.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 543Committee on Judiciary
CHAPTER 170
AN ACT relating to state gaming licenses; deleting a reference to conditional sales contract and replacing it with security agreement to conform to the Uniform Commercial Code.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.160 is hereby amended to read as follows:
463.160 1. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
(a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any game or slot machine as defined in this chapter, or to operate, carry on, conduct or maintain any horserace book or sports pool; or
(b) To provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or
(c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any game, slot machine, horserace book or sports pool,
without having first procured, and thereafter maintaining in full force and effect, all federal, state, county and municipal gaming licenses as required by statute or ordinance or by the governing board of any unincorporated city or town.
2. It is unlawful for any person to lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest or any percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license for the same.
3. It is unlawful for any person to lend, let, lease or otherwise deliver or furnish, except by a bona fide sale, any slot machine under guise of any agreement whatever whereby any consideration whatever is paid or is payable for the right to possess or use such slot machine, whether such consideration is measured by a percentage of the revenue derived from such machine or by a fixed fee or otherwise, without having first procured a state gaming license for the same.
κ1971 Statutes of Nevada, Page 230 (CHAPTER 170, SB 543)κ
such machine or by a fixed fee or otherwise, without having first procured a state gaming license for the same.
4. It is unlawful for any person to furnish services or property, real or personal, on a contract, lease or license basis pursuant to which such person receives payments based on earnings or profits or otherwise from any gambling game, including any slot machine, without having first procured a state gaming license.
5. Any person who shall knowingly permit any gambling game, slot machine or device to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, except by a person who is licensed hereunder, or his employee, shall be guilty of a gross misdemeanor.
6. Any licensee who puts additional games or slot machines into play or displays such games or slot machine in a public area without authority of the commission to do so is subject to the penalties provided in NRS 463.310.
7. The provisions of subsections 2, 3 and 4 do not apply to any person:
(a) Whose payments are a fixed sum determined in advance on a bona fide basis for the furnishing of services or property other than a slot machine.
(b) Who furnishes services or property under a bona fide rental agreement or [conditional sale contract] security agreement for gaming equipment.
(c) Which is a wholly owned subsidiary of:
(1) A corporation holding a state gaming license; or
(2) A holding company or intermediary company, or publicly traded corporation, which has registered pursuant to NRS 463.585 or 463.635 and which has fully complied with the laws applicable to it as such.
Receipts or rentals or charges for real property, personal property or services do not lose their character as payments of a fixed sum or as bona fide because of contract, lease or license provisions for adjustments in charges, rentals or fees on account of changes in taxes or assessments, cost-of-living index escalations, expansions or improvement of facilities, or changes in services supplied; and receipts of percentage rentals or percentage charges between a corporate licensee and the entities enumerated in paragraph (c) are permitted under this subsection.
8. The commission may determine the suitability, or may require the licensing, of any person who furnishes services or property to a state gaming licensee under any arrangement pursuant to which such person receives payments based on earnings, profits or receipts from gaming. The commission may require any such person to comply with the requirements of this chapter and with the regulations of the commission. If the commission determines that any such person is unsuitable, it may require such arrangement to be terminated.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 231κ
Senate Bill No. 544Committee on Judiciary
CHAPTER 171
AN ACT relating to the Motor Vehicle Safety Responsibility Act; changing designations of the district court in and for the county of Ormsby to the district court of Carson City.
[Approved April 6, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 485.140 is hereby amended to read as follows:
485.140 1. Any person aggrieved by an order or act of the division, under the provisions of NRS 485.150 to 485.300, inclusive, may, within 10 days after notice thereof, file a petition in the district court of [the county of Ormsby] Carson City for a trial de novo to determine whether such order or act is lawful and reasonable. The filing of such a petition shall not suspend the order or act of the division unless a stay thereof shall be allowed by a judge of the district court pending final determination of the matter.
2. The court shall summarily hear the petition and may make any appropriate order or decree.
Sec. 2. NRS 485.290 is hereby amended to read as follows:
485.290 1. In cases where a return to a depositor or his personal representative is authorized and warranted under NRS 485.280 but the address or present whereabouts of such depositor is unknown and cannot be readily ascertained by the division, the security deposited may, 90 days after its return would be authorized by NRS 485.280, be transferred from the custody of the state treasurer to the state highway fund for the general use of the department of highways upon the written and certified request of the division.
2. The request made by the division shall state the names of the parties, the dates and a concise statement of the facts involved and shall be forwarded in duplicate to the state controller and the state treasurer.
3. The state controller and the state treasurer are directed to transfer the amounts of security deposits from the custody of the state treasurer to the state highway fund in order to effectuate the purposes of this section upon being satisfied that the provisions of this chapter have been complied with.
4. If the depositor of the security or his rightful heirs or legatees, within 5 years after the transfer of the deposit to the state highway fund, present a verified claim to the division and make proof of the validity of such claim, the division, if it is satisfied as to the validity of the claim, may determine the amount thereby found to be due and certify it to the state controller who shall draw his warrant therefor on the state treasurer, who shall pay the same out of the state highway fund.
5. If the division denies the validity of the claim, the claimant, upon notice to the attorney general, has a right to appeal to the First Judicial District Court of the State of Nevada, in and for [the county of Ormsby,] Carson City, and present his proof of the validity of the claim. If, after hearing, the court is satisfied the claimant is rightfully entitled to the deposit, the court shall enter a decree that the money be paid to him.
κ1971 Statutes of Nevada, Page 232 (CHAPTER 171, SB 544)κ
The decree shall be certified to the state board of examiners, stating the amount thereby found to be due, and the state board of examiners shall allow the same and certify it to the state controller who shall draw his warrant therefor on the state treasurer, who shall pay the same out of the state highway fund.
6. The amounts in the custody of the state treasurer on March 19, 1955, falling under the provisions of this section, may be transferred to the state highway fund, after the expiration of 90 days from March 19, 1955, in accordance with the provisions of this section.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 497Committee on Judiciary
CHAPTER 172
AN ACT to amend an act entitled An Act relating to county populations; changing the population basis for the exercise of powers by local governments when based upon population; and providing other matters properly relating thereto, approved May 4, 1969.
[Approved April 6, 1971]
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 678, Statutes of Nevada 1969, at page 1537, is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 470Mr. Jacobsen
CHAPTER 173
AN ACT authorizing and directing the administrator of the Nevada state park system to convey by quitclaim deed certain real property situated in Douglas County, Nevada, to the Carson Valley Historical Society, and authorizing the Douglas County school district to convey by quitclaim deed its reversionary interest in such real property to the Carson Valley Historical Society; and providing other matters properly relating thereto.
[Approved April 7, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The administrator of the Nevada state park system is hereby authorized and directed to convey, by quitclaim deed and without consideration, to the Carson Valley Historical Society, a nonprofit corporation, all of the right, title and interest of the State of Nevada in and to that certain parcel of land situated in the County of Douglas, State of Nevada, and more particularly described as follows: Lot eleven (11) in Block nine (9), as shown on the official map of the town of Genoa, Douglas County, Nevada, of record in the office of the county recorder of Douglas County, Nevada; together with the tenements, hereditaments and appurtenances thereunto belonging.
κ1971 Statutes of Nevada, Page 233 (CHAPTER 173, AB 470)κ
of Nevada, and more particularly described as follows: Lot eleven (11) in Block nine (9), as shown on the official map of the town of Genoa, Douglas County, Nevada, of record in the office of the county recorder of Douglas County, Nevada; together with the tenements, hereditaments and appurtenances thereunto belonging.
Sec. 2. Notwithstanding any other provision of law, the board of trustees of Douglas County school district is hereby authorized to convey to the Carson Valley Historical Society, without consideration, its reversionary interest in and to the real property described in section 1 of this act, as set forth in the deed dated August 27, 1957, between the Douglas County school district, and the State of Nevada by and through the Nevada state park commission, made pursuant to chapter 142, Statutes of Nevada 1957.
Sec. 3. If at any future time the Carson Valley Historical Society ceases to function or permits waste to be committed upon such property, whether by action or neglect, such property shall revert to the Nevada state park system and the reversionary interest of the board of trustees of the Douglas County school district, if conveyed as provided in section 2 of this act, shall be reinstated.
Sec. 4. This act shall become effective upon passage and approval.
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Assembly Bill No. 385Committee on Commerce
CHAPTER 174
AN ACT adopting the Uniform Plumbing Code; allowing local governments to adopt such code with modifications; and providing other matters properly relating thereto.
[Approved April 7, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 444 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. The policy of the State of Nevada with respect to the uniformity of plumbing codes throughout the state is:
1. That uniformity is a matter of statewide interest and concern, affecting health and environmental conditions, housing costs and efficiency in private housing construction.
2. That, by allowing local governments to waive and modify provisions of the Uniform Plumbing Code, adopted by the International Association of Plumbing and Mechanical Officials, based on differences in geographic and climatic conditions only upon submission of such proposed waivers and modifications to a regional plumbing board, excessive waivers and modifications would be deterred.
Sec. 3. 1. After January 1, 1972, any construction, alteration or change in the use of a building or other structure in this state is to be in compliance with the latest edition of the Uniform Plumbing Code adopted by the International Association of Plumbing and Mechanical Officials.
κ1971 Statutes of Nevada, Page 234 (CHAPTER 174, AB 385)κ
2. Any city, county or city and county may adopt such modifications as are deemed reasonably necessary because of geographic, topographic or climatic conditions of such city, county or city and county. Any city, county, or city and county desiring to make changes to the Uniform Plumbing Code with changes shall submit such amended code to its regional plumbing board prior to its adoption.
Sec. 4. 1. The southern regional plumbing board, hereby created, has jurisdiction over the counties of Esmeralda, Nye, White Pine, Lincoln and Clark.
2. The northern regional plumbing board, hereby created, has jurisdiction over those counties in this state not included within the jurisdiction of the southern regional plumbing board.
Sec. 5. 1. Each regional plumbing board shall consist of seven members, who shall be appointed by the governor.
2. The members appointed to each regional plumbing board shall possess the following qualifications:
(a) Three members shall be persons with knowledge of the plumbing industry.
(b) One member shall represent the public at large.
(c) Three members shall be members of city or county building inspectors offices.
Sec. 6. 1. The first members of the regional plumbing boards shall be appointed for the following terms:
(a) One member shall serve a term expiring on December 31, 1972.
(b) Two members shall serve a term expiring on December 31, 1973.
(c) Two members shall serve a term expiring on December 31, 1974.
(d) Two members shall serve a term expiring on December 31, 1975.
2. After the expiration of the terms designated in subsection 1, members shall be appointed for terms of 4 years.
Sec. 7. 1. The governor may, after notice and hearing, remove any member of either regional plumbing board for misconduct in office, incompetency, neglect of duty or other sufficient cause.
2. Any vacancy shall be filled by appointment by the governor for the unexpired term.
Sec. 8. 1. Each of the regional plumbing boards shall select a chairman from among its members to serve for 1 year.
2. Each of the regional plumbing boards shall select a secretary from among its members to serve at the pleasure of such board.
Sec. 9. No member of either regional plumbing board shall receive any compensation for his services, but shall be entitled to mileage and per diem expenses in the manner provided by law.
Sec. 10. Each regional plumbing board shall:
1. Review all proposed adoptions of the Uniform Plumbing Code by any city, county or city and county within its jurisdiction and any proposed changes to the Uniform Plumbing Code, and advise such city, county or city and county on whether or not such change is deemed warranted by geographic, topographic or climatic conditions.
2. Submit a copy of the Uniform Plumbing Code adopted by any city, county or city and county within its jurisdiction to the health division of the department of health, welfare and rehabilitation.
κ1971 Statutes of Nevada, Page 235 (CHAPTER 174, AB 385)κ
Sec. 11. The governing body of any city, county or city and county may adopt, without submitting it to the appropriate regional plumbing board, any rule or regulation promulgated for the enforcement of the Uniform Plumbing Code or rules and regulations promulgated pursuant thereto.
Sec. 12. 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] Uniform Plumbing Code and such other codes as the state board of health may designate.
Sec. 13. This act shall become effective on January 1, 1972.
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Assembly Bill No. 355Committee on Judiciary
CHAPTER 175
AN ACT relating to habeas corpus; permitting a city attorney to appeal the granting of a writ; and providing other matters properly relating thereto.
[Approved April 7, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 34.380 is hereby amended to read as follows:
34.380 1. The writ of habeas corpus may be granted by each justice of the supreme court or judges of district courts at any time; provided:
(a) Each of the justices of the supreme court shall have power to issue writs of habeas corpus to any part of the state, on petition by, or on behalf of any person held in actual custody, and may make such writ returnable before himself or before the supreme court, or before any district court in the state or before any judge of the district court, as provided in section 4 of article VI of the constitution of Nevada.
(b) District judges shall have the power only to issue writs of habeas corpus on petition by, or in behalf of, any person held in actual custody within the judicial district of the district judge to whom application for the writ shall be made, as provided in section 6 of article VI of the constitution of Nevada.
2. When an application is made to a justice of the supreme court for a writ of habeas corpus and the same shall be entertained by the justice, or the supreme court, and thereafter denied, the person making such application shall not have the right, nor the power, to submit thereafter an application to the district judge of the district wherein such applicant is held in custody, nor to any other district judge in any other judicial district of the state, which application shall be premised upon the illegality of the same charge upon which such applicant is held in custody.
κ1971 Statutes of Nevada, Page 236 (CHAPTER 175, AB 355)κ
3. An applicant who has petitioned the district judge of a judicial district, as provided in this chapter, and whose application for such writ is denied, may appeal to the supreme court from the order and judgment of the district judge or district court refusing to grant the writ or to discharge the applicant, but such appeal shall be taken within 30 days from the day of entry of the order or judgment.
4. The State of Nevada is an interested party in habeas corpus proceedings, and, in the event the district judge or district court to whom or to which an application for a writ of habeas corpus has been made shall grant such writ, then the district attorney of the county in which the application for the writ was made, or the city attorney of a city which is situated in the county in which the application for the writ was made, or the attorney general in behalf of the state, may appeal to the supreme court from the order of the district judge granting the writ and discharging the applicant; but such appeal shall be taken within 20 days from the day of entry of the order.
5. NRS 1.230 shall be applicable to the proceedings set forth herein.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 668Committee on Government Affairs
CHAPTER 176
AN ACT permitting local governments to amend their budgets to increase expenditures required by legislative action; and providing other matters properly relating thereto.
[Approved April 7, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.599 is hereby amended to read as follows:
354.599 1. In any year in which the legislature by law increases the revenues of a local government, and such increase was not included or anticipated in the local governments final budget as adopted pursuant to NRS 354.598, the governing body of any such local government may, prior to July 15 of the budget year, file an amended budget with the Nevada tax commission increasing its anticipated revenues and expenditures over that contained in its final budget to the extent of the actual increase of revenues made available by such legislative action.
2. In any year in which the legislature enacts a law requiring an increase in expenditures of a local government, which expenditures were not anticipated or included in its final budget as adopted pursuant to NRS 354.598, the governing body of any such local government may, prior to July 15 of the budget year, file an amended budget with the Nevada tax commission providing for an increase in expenditures over that contained in its final budget to the extent of the actual amount made necessary by the legislative action.
κ1971 Statutes of Nevada, Page 237 (CHAPTER 176, AB 668)κ
3. Such amended budget, as approved by the Nevada tax commission, shall be the budget of such local government for the current fiscal year.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 132Committee on Judiciary
CHAPTER 177
AN ACT relating to uninsured motorist protection; amending the definition of uninsured motor vehicle to include those vehicles for which evidence of financial responsibility is not provided the department of motor vehicles; and providing other matters properly relating thereto.
[Approved April 7, 1971]
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 which there is not available at the department of motor vehicles evidence of financial responsibility as required by chapter 485 of NRS.
(b) 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;
κ1971 Statutes of Nevada, Page 238 (CHAPTER 177, AB 132)κ
[(b)] (c) 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)] (d) Used without the permission of its owner if there is no bodily injury liability insurance or bond applicable to the operator; or
[(d)] (e) The owner or operator of which is unknown or after reasonable diligence cannot be found 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; and
(2) The named insured or someone on his behalf has reported the accident within the time required by NRS 484.223 to 484.227, 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
(3) The claim is reported to the insurer within 30 days.]
7. A vehicle involved in a collision which results in bodily injury or death shall be presumed to be an uninsured motor vehicle if no evidence of financial responsibility is supplied to the department of motor vehicles in the manner required by chapter 485 of NRS within 60 days after the collision occurs.
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Assembly Bill No. 694Committee on Ways and Means
CHAPTER 178
AN ACT relating to the legislators retirement system; eliminating the requirement that legislators file successive beneficiary designation forms with the public employees retirement board.
[Approved April 7, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.2381 is hereby amended to read as follows:
218.2381 1. Each legislator shall be a member of the legislators retirement system and shall make contributions to the legislators retirement fund in the amounts and manner provided in NRS 218.2371 to 218.2395, inclusive.
2. Within 5 days after the commencement of each regular or special session of the legislature each legislator who has not previously filed a beneficiary designation form with the board shall file with the board, upon a form provided by the board, the designation of a beneficiary who shall receive the contributions of the legislator in case of death prior to retirement or termination of services as a legislator and subsequent withdrawal of contributions. If no such beneficiary is designated payment shall be made to the estate of the deceased legislator. Payment may be made directly to the designated beneficiary without probate or administration of the estate of the deceased legislator.
κ1971 Statutes of Nevada, Page 239 (CHAPTER 178, AB 694)κ
3. A beneficiary may be changed at any time by written notice given by a legislator to the board on a form prescribed by the board.
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Senate Bill No. 93Senator Herr
CHAPTER 179
AN ACT increasing registration and license fees and renewal fees for cosmetological establishments and schools; providing a delinquency penalty for nonpayment of a renewal fee for cosmetological establishments; and providing other matters properly relating thereto.
[Approved April 7, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 644.340 is hereby amended to read as follows:
644.340 1. Any person, firm or corporation desiring to operate a cosmetological establishment in which any one or a combination of the occupations of a hairdresser and cosmetician are practiced shall apply to the board for a certificate of registration and license, through the owner, manager or person in charge, in writing, upon blanks prepared and furnished by the board. Each application shall contain proof of the particular requisites for registration provided for in this chapter, and shall be verified by the oath of the maker.
2. Upon receipt by the board of the application accompanied by the annual registration fee, the board shall issue to the person, firm or corporation so applying the required certificate of registration and license.
3. The annual registration fee for a cosmetological establishment is [$10.] $18.
Sec. 2. NRS 644.350 is hereby amended to read as follows:
644.350 1. Applications for renewal of certificates of registration and licenses to operate cosmetological establishments shall be made annually during the month of June to the board in the manner provided in NRS 644.340, and shall be accompanied by the annual registration fee.
2. For each month or fraction thereof after July 1 of each year in which a certificate of registration and license remains unpaid, there shall be assessed and collected, at the time of payment of the license, a delinquency penalty of $5 for each month or fraction thereof.
3. Every certificate of registration and license which has not been renewed on July 1 in each year shall expire on July 1.
Sec. 3. NRS 644.380 is hereby amended to read as follows:
644.380 1. Any person, firm or corporation desiring to conduct a school of cosmetology in which any one or any combination of the occupations of a hairdresser and cosmetician are taught shall apply to the board for a certificate of registration and license, through the owner, manager or person in charge, in writing, upon forms prepared and furnished by the board. Each application shall contain proof of the particular requisites for registration provided for in this chapter, and shall be verified by the oath of the maker. Such forms shall be accompanied by:
κ1971 Statutes of Nevada, Page 240 (CHAPTER 179, SB 93)κ
(a) A detailed floor plan of the proposed school.
(b) The name, address and license number of the manager or person in charge and of each instructor.
(c) Evidence of financial ability to provide the facilities and equipment required by rules of the board and to maintain the operation of the proposed school for a period of 1 year.
(d) Proof that the proposed school will commence operation with an enrollment of not less than 25 bona fide students.
(e) The annual registration fee.
2. Upon receipt by the board of the application, the board shall, before issuing a certificate of registration and license, determine whether the proposed school:
(a) Is suitably located.
(b) Contains adequate floor space and equipment.
(c) Meets all requirements established by rules of the board.
3. The annual registration fee for a school of cosmetology is [$200.] $300.
Sec. 4. NRS 644.400 is hereby amended to read as follows:
644.400 1. A school of cosmetology shall, at all times, be in charge of and under the immediate supervision of a licensed hairdresser and cosmetician who has had practical experience of at least 3 years in the practice of a majority of the branches of cosmetology in an established place of business.
2. A school of cosmetology shall fulfill the following requirements:
(a) It shall maintain a school term of not less than 1,800 hours extending over a period of not less than 10 months, and shall maintain a course of practical training and technical instruction equal to the requirements for examination for a certificate of registration as a hairdresser and cosmetician as set forth in NRS 644.240.
(b) It shall possess apparatus and equipment sufficient for the ready and full teaching of all the subjects of its curriculum.
(c) It shall attach to its staff of instructors a regularly licensed physician, and shall maintain registered hairdressers and cosmeticians and other instructors competent to impart instruction in all subjects of its curriculum.
(d) It shall keep a daily record of the attendance of each student, and a record devoted to the different practices, and shall establish grades and hold examinations before issuing diplomas.
(e) It shall include in its curriculum a course of shop deportment consisting of instruction in courtesy, neatness and professional attitude in meeting the public.
(f) It shall so arrange the courses devoted to each branch or practice of cosmetology as the board may from time to time adopt as the course to be followed by the schools.
3. Every cosmetological establishment exacting a fee for the teaching of any branch of cosmetology (the teaching of junior operators in any branch or branches of cosmetology being excepted) shall be classed as a school of cosmetology within the meaning of this section, and shall be required to comply with all of its provisions, as well as such regulations as shall from time to time be prescribed by the board.