[Rev. 2/28/2019 11:32:26 AM]
κ1971 Statutes of Nevada, Page 241 (CHAPTER 179, SB 93)κ
4. Each school of cosmetology shall maintain a staff of licensed instructors. There shall be at least two instructors, and one additional instructor for each 25 students, or major portion thereof, over 50.
5. Each instructor shall:
(a) Be a licensed hairdresser and cosmetician.
(b) Pay a license fee of [$10] $18 a year.
(c) Have successfully completed the 12th grade in school.
(d) Have 3 years experience as a hairdresser and cosmetician.
(e) Have completed 600 hours of teacher training in a school of cosmetology.
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Senate Bill No. 94Senator Herr
CHAPTER 180
AN ACT increasing the fee for application for admission to practice cosmetology without an examination.
[Approved April 7, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 644.310 is hereby amended to read as follows:
644.310 Upon application to the board in due form, as provided in NRS 644.210, accompanied by a fee of [$25,] $40, a person registered as a hairdresser and cosmetician or in any branch of cosmetology under the laws of another state or territory of the United States or the District of Columbia may, without examination (unless the board, in its discretion, sees fit to require examination), be granted a certificate of registration and license to practice the occupation or occupations in which the applicant was previously registered, upon the following conditions:
1. That he is not less than 18 years of age.
2. That he has been a resident of the state for at least 3 months.
3. That he is of good moral character and temperate habits.
4. That the requirements for registration or licensing of hairdressers and cosmeticians, and those engaged in the practice of any branch of cosmetology, in the particular state, territory or in the District of Columbia were, at the date of the previous registration or licensing, substantially equal to the requirements therefor then in force in this state.
5. That the licensing authority in such other state, territory or in the District of Columbia issues, or would issue, licenses to persons registered in this state, under equivalent conditions.
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κ1971 Statutes of Nevada, Page 242κ
Senate Bill No. 95Senator Herr
CHAPTER 181
AN ACT increasing license renewal and delinquency fees for hairdressers, cosmeticians, electrologists and manicurists.
[Approved April 7, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 644.320 is hereby amended to read as follows:
644.320 1. Every licensed hairdresser and cosmetician, every licensed electrologist, and every licensed manicurist, who continues in actual practice, shall, annually on July 1, have his license renewed by the board, upon payment of the required renewal fee.
2. Applications for renewal of licenses may be made to the board at any time during the month of June. For each month or fraction thereof after July 1 of each year in which a license remains unpaid, there shall be assessed and collected at the time of payment of the license, a delinquency penalty of [$2] $3 for each month or fraction thereof.
3. The annual renewal fee for each license shall be [$5.] $10. Every license which has not been renewed on July 1 in each year shall expire on July 1.
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Senate Bill No. 120Senator Dodge
CHAPTER 182
AN ACT relating to public weighmasters; permitting destruction of records after a certain time.
[Approved April 7, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 582.120 is hereby amended to read as follows:
582.120 All public weighmasters shall keep and preserve correct and accurate records of all public weighings, as provided in this chapter, which records shall at all times be open for inspection by the state sealer of weights and measures or his deputy. Such records shall be kept in a safe place for a period of 6 years, after which time they shall be destroyed or otherwise disposed of by public weighmasters.
Sec. 2. This act shall become effective upon passage and approval.
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κ1971 Statutes of Nevada, Page 243κ
Assembly Bill No. 77Mr. McKissick
CHAPTER 183
AN ACT permitting credit for time in confinement prior to conviction when a sentence of imprisonment in the state prison is imposed.
[Approved April 7, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 176.055 is hereby amended to read as follows:
176.055 Whenever a sentence of imprisonment in the county jail or state prison is imposed, the court may in its discretion order that credit be allowed against such sentence, including any minimum term thereof which may be prescribed by law, for the amount of time actually spent by the defendant in confinement prior to conviction, unless such confinement was pursuant to a judgment of conviction for another offense.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 82Committee on Judiciary
CHAPTER 184
AN ACT increasing the amount of security for costs required of nonresident plaintiffs in civil actions.
[Approved April 7, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 18.130 is hereby amended to read as follows:
18.130 1. When a plaintiff in an action resides out of the state, or is a foreign corporation, security for the costs and charges which may be awarded against such plaintiff may be required by the defendant, by the filing and service on plaintiff of a written demand therefor within the time limited for answering the complaint. When so required, all proceedings in the action shall be stayed until an undertaking, executed by two or more persons, be filed with the clerk, to the effect that they will pay such costs and charges as may be awarded against the plaintiff by judgment, or in the progress of the action, not exceeding the sum of [$300;] $500; or in lieu of such undertaking, the plaintiff may deposit [$300,] $500, lawful money, with the clerk of the court, subject to the same conditions as required for the undertaking. The plaintiff, upon filing the undertaking or depositing the security, shall notify the defendant of such filing or deposit, and the defendant, after receipt of such notice, shall have 10 days or the period allowed under N.R.C.P. 12(a), whichever is longer, in which to answer or otherwise plead to the complaint.
2. A new or an additional undertaking may be ordered by the court or judge upon proof that the original undertaking is insufficient security, and proceedings in the action stayed until such new or additional undertaking be executed and filed.
κ1971 Statutes of Nevada, Page 244 (CHAPTER 184, AB 82)κ
or judge upon proof that the original undertaking is insufficient security, and proceedings in the action stayed until such new or additional undertaking be executed and filed.
3. Each of the sureties on the undertaking mentioned in subsection 1 shall annex to the same an affidavit that he is a resident and householder, or freeholder, within the county and is worth double the amount specified in the undertaking, over and above all his just debts and liabilities, exclusive of property exempt from execution.
4. After the lapse of 30 days from the service of notice that security is required, or of an order for new or additional security, upon proof thereof, and that no undertaking as required has been filed, the court or judge may order the action to be dismissed.
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Assembly Bill No. 153Committee on Judiciary
CHAPTER 185
AN ACT providing for the payment of judicial pensions every 2 weeks.
[Approved April 7, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.060 is hereby amended to read as follows:
2.060 1. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 20 years and has ended such service shall, after such service of 20 years, and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to two-thirds the sum received as salary for his judicial services during the last year thereof, payable [in monthly installments] every 2 weeks from funds to be provided by direct legislative appropriation.
2. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 12 years and has ended such service shall, after such service of 12 years, and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-third the sum received as salary for his judicial services during the last year thereof, payable [in monthly installments] every 2 weeks from funds to be provided by direct legislative appropriation.
3. Any justice who desires to resign pursuant to the terms hereof shall do so by notice in writing to the governor, and shall file forthwith with the state controller and the state treasurer an affidavit setting forth the fact of his resignation, the date and place of his birth, and the years he has served in either or both of the courts above mentioned.
κ1971 Statutes of Nevada, Page 245 (CHAPTER 185, AB 153)κ
4. Upon resigning as above provided and the filing of the affidavit mentioned, by any person entitled so to do pursuant hereto, the state controller shall draw his warrant, payable to the individual who has thus resigned, upon the state treasurer for the sum due such person, and the state treasurer shall pay the same out of funds to be provided by direct legislative appropriation.
5. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have resigned pursuant hereto.
Sec. 2. NRS 3.090 is hereby amended to read as follows:
3.090 1. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 20 years and has ended such service shall, after such service of 20 years and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to two-thirds the sum received as salary for his judicial services during the last year thereof, payable [in monthly installments] every 2 weeks from funds to be provided by direct legislative appropriation.
2. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 12 years and has ended such service shall, after such service of 12 years and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-third the sum received as salary for his judicial services during the last year thereof, payable [in monthly installments] every 2 weeks from funds to be provided by direct legislative appropriations.
3. Any judge of the district court who desires to resign pursuant to the terms hereof shall do so by notice in writing to the governor, and shall file forthwith with the state controller and the state treasurer an affidavit setting forth the fact of his resignation, the date and place of his birth, and the years he has served in either or both of the courts above mentioned.
4. Upon resigning as above provided and the filing of the affidavit mentioned, by any person entitled so to do pursuant hereto, the state controller shall draw his warrant, payable to the individual who has thus resigned, upon the state treasurer for the sum due such person, and the state treasurer shall pay the same out of funds to be provided by direct legislative appropriation.
5. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any judge of the district court who may have resigned pursuant hereto.
Sec. 3. This act shall become effective upon passage and approval.
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κ1971 Statutes of Nevada, Page 246κ
Assembly Bill No. 186Committee on Judiciary
CHAPTER 186
AN ACT changing the method of examination of trial jurors; providing that the court shall ask the questions and conduct the examination except in certain circumstances.
[Approved April 7, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 175.031 is hereby amended to read as follows:
175.031 [1. The court may permit the defendant or his attorney and the district attorney to conduct the examination of prospective jurors or may itself conduct the examination.
2. In the latter event the court shall permit the defendant or his attorney and the district attorney to supplement the examination by further inquiry.] The court shall conduct the examination of prospective jurors, except it shall permit the defendant or his attorney and the district attorney to supplement the examination by such further inquiry as it deems proper or shall itself submit to the prospective jurors such additional questions by the parties or their attorneys as it deems proper.
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Assembly Bill No. 196Mr. Torvinen
CHAPTER 187
AN ACT relating to the real property tax; increasing the amount of the proceeds receivable by counties; adding additional exemptions from the tax; making a technical correction; 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 375.070 is hereby amended to read as follows:
375.070 The county recorder shall transmit the proceeds of the real property transfer tax at the end of each quarter as follows:
1. [Ninety-five] Seventy-five percent of such proceeds to the state treasurer, who shall deposit them in the general fund in the state treasury; and
2. [Five] Twenty-five percent of such proceeds to the county treasurer of the county in which the transfer is recorded, who shall deposit them in the general fund in the county treasury.
Sec. 2. NRS 375.090 is hereby amended to read as follows:
375.090 The tax imposed by NRS 375.020 does not apply to:
1. Any transaction wherein an interest in real property is encumbered for the purposes of securing a debt.
2. A transfer of title to or from the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.
κ1971 Statutes of Nevada, Page 247 (CHAPTER 187, AB 196)κ
3. A transfer of title recognizing the true status of ownership of the real property.
4. A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.
5. A transfer of title to community property without consideration when held in the name of one spouse to both spouses as joint tenants or tenants in common, or as community property.
6. A transfer of title between spouses, including gifts.
7. A transfer of title between spouses to effect a property settlement agreement or between former spouses in compliance with a decree of divorce.
8. A transfer of title by spouses without consideration to an inter vivos trust.
9. Transfers, assignments or conveyances of unpatented mines or mining claims.
10. The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Bankruptcy Act, as amended, 111 U.S.C.;
(b) Approved in an equity receivership proceeding involving a railroad corporation, as defined in section 77 of the Bankruptcy Act, 11 U.S.C. § 205;
(c) Approved in an equity receivership proceeding involving a corporation, as defined in section 106 of the Bankruptcy Act, 11 U.S.C. § 506; or
(d) Whereby a mere change in identity, form or place of organization is effected,
if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years from the date of such confirmation, approval or change.
[5.] 11. The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:
(a) The order of the Securities and Exchange Commission in obedience to which such transfer or conveyance is made recites that such transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;
(b) Such order specifies and itemizes the property which is ordered to be transferred or conveyed; and
(c) Such transfer or conveyance is made in obedience to such order.
Sec. 3. NRS 375.100 is hereby amended to read as follows:
375.100 1. 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,] this chapter 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.
Sec. 4. NRS 375.095 is hereby repealed.
Sec. 5. This act shall become effective at 12:01 a.m. on July 1, 1971.
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κ1971 Statutes of Nevada, Page 248κ
Assembly Bill No. 199Committee on Commerce
CHAPTER 188
AN ACT making changes in the grounds for disciplinary action against real estate brokers and salesmen.
[Approved April 7, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 645.630 is hereby amended to read as follows:
645.630 The commission shall have the power to suspend, revoke or reissue, subject to conditions, any license issued under the provisions of this chapter at any time where the licensee has, by false or fraudulent representation, obtained a license, or where the licensee, whether or not acting as a licensee, is deemed to be guilty of:
1. Making any substantial misrepresentation.
2. Making any false promises of a character likely to influence, persuade or induce.
3. Pursuing a continued and flagrant course of misrepresentation, or making of false promises through agents or salesmen or advertising or otherwise.
4. Acting for more than one party in a transaction without the knowledge of all parties for whom he acts.
5. Accepting a commission or valuable consideration as a real estate salesman for the performance of any of the acts specified in this chapter from any person except his employer, who must be a licensed real estate broker.
6. Representing or attempting to represent a real estate broker other than the employer, without the express knowledge and consent of the employer.
7. Failing, within a reasonable time, to account for or to remit any moneys coming into his possession which belong to others.
8. Willfully using the term realtor or any other trade name or insignia of membership in any real estate organization of which the licensee is not a member, without the legal right so to do.
9. Disregarding or violating any of the provisions of this chapter or of any rule or regulation promulgated thereunder.
10. Paying or receiving any rebate, profit, compensation or commission in violation of this chapter.
11. Inducing any party to a contract, sale or lease to break such contract for the purpose of substituting in lieu thereof a new contract with the same principal or a different principal, where such substitution is motivated by the personal gain of the licensee.
12. Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, [conspiracy to defraud, or other like offense or offenses, whether arising from a real estate transaction or not, and has been convicted thereof in a court of competent jurisdiction of this or any other state or of the United States.] theft, fraud, conspiracy, a crime involving moral turpitude or other like offense, whether arising from a real estate transaction or not, and has been convicted thereof in a court of competent jurisdiction.
κ1971 Statutes of Nevada, Page 249 (CHAPTER 188, AB 199)κ
13. Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.
14. Negligence, or failure to disclose or to ascertain and disclose to any person with whom such licensee is dealing, any material fact, data or information concerning or relating to the property with which such licensee is dealing, which such licensee knew.
15. The practice of claiming, demanding or receiving a fee, compensation or commission under any exclusive agreement authorizing or employing a licensee to sell, buy or exchange real estate for compensation or commission where such agreement does not contain a definite, specified date of final and complete termination.
16. The claiming or taking by a licensee of any secret or undisclosed amount of compensation, commission or profit or the failure of a licensee to reveal to the employer of such licensee the full amount of such licensees compensation, commission or profit under any agreement authorizing or employing such licensee to sell, buy or exchange real estate for compensation or commission prior to or coincident with the signing of such agreement evidencing the meeting of the minds of the contracting parties, regardless of the form of such agreement, whether evidenced by documents in an escrow or by any other or different procedure.
17. The use by a licensee of any provision allowing the licensee an option to purchase in an agreement authorizing or employing such licensee to sell, buy or exchange real estate for compensation or commission, except when such licensee, prior to or coincident with election to exercise such option to purchase, reveals in writing to the employer the full amount of licensees profit and obtains the written consent of the employer approving the amount of such profit.
18. Being unworthy or incompetent to act as a real estate broker or salesman in such manner as to safeguard the interests of the public.
19. Any other conduct, whether of the same or a different character from that hereinbefore specified, which constitutes improper, fraudulent or dishonest dealing.
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Assembly Bill No. 202Mr. Bryan, Mrs. Brookman, Messrs. Smalley, Hilbrecht, Lowman, Branch, Smith, Mrs. White, Messrs. Ashworth, Dreyer and Frank Young
CHAPTER 189
AN ACT relating to industrial insurance; providing coverage for children subject to the jurisdiction of the juvenile court and ordered by such court to work; 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 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person less than 21 years of age who is subject to the jurisdiction of the juvenile division of the district court and who has been ordered by the court to do work, and while engaged in such work and while so acting in pursuance of the courts order, shall be deemed, for the purpose of this chapter, an employee of the county at a wage of $50 per month, and shall be entitled to the benefits of this chapter, upon compliance by the county.
κ1971 Statutes of Nevada, Page 250 (CHAPTER 189, AB 202)κ
of the juvenile division of the district court and who has been ordered by the court to do work, and while engaged in such work and while so acting in pursuance of the courts order, shall be deemed, for the purpose of this chapter, an employee of the county at a wage of $50 per month, and shall be entitled to the benefits of this chapter, upon compliance by the county.
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Assembly Bill No. 226Committee on Judiciary
CHAPTER 190
AN ACT permitting certain minors to donate blood without parental consent.
[Approved April 7, 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:
1. Notwithstanding any other provision of law, any minor 18 years of age and over may give consent to any request for his blood donation, if such donation is supervised by any hospital or other recognized blood bank facility in the state, and his consent shall not be subject to disaffirmance because of minority.
2. The consent of the parent, parents or guardian of such minor shall not be necessary to authorize his donation of blood.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 227Committee on Judiciary
CHAPTER 191
AN ACT relating to human blood and blood products; exempting all services involving such blood and blood products from certain liability; 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 460.010 is hereby amended to read as follows:
460.010 The procurement, processing, distribution or use of whole human blood, plasma, blood products and blood derivatives for the purpose of injection or transfusion into the human body constitutes, as to the transmission of serum hepatitis, the rendition of a service and not a sale by every person participating therein, and no implied warranty of merchantability or fitness [applies.]
κ1971 Statutes of Nevada, Page 251 (CHAPTER 191, AB 227)κ
by every person participating therein, and no implied warranty of merchantability or fitness [applies.] , nor any doctrine of liability other than negligence or willful misconduct, shall apply to such service.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 311Mrs. Brookman, Messrs. Bryan, Smalley, Dreyer, Schofield, Dini, Glaser, Hilbrecht, Miss Hawkins, Messrs. May, Olsen, Prince, Mello, Ashworth and Branch
CHAPTER 192
AN ACT providing that free or reduced rates for transportation may be provided to persons over 65 years of age.
[Approved April 7, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.360 is hereby amended to read as follows:
706.360 1. It is unlawful for:
(a) Any person, firm or corporation which is engaged in business as a common carrier to furnish any pass, frank, free or reduced transportation to any state, city, district, county or municipal officer of this state or to any person other than those specifically enumerated in this section.
(b) Any person other than those specifically enumerated in this section to receive any such pass, frank, free or reduced transportation.
2. This section does not prevent the carriage, storage or hauling free or at reduced rates of property for charitable purposes for the United States, the State of Nevada or any political subdivision thereof.
3. This chapter does not prohibit common carriers from giving free or reduced rates for transportation of persons to:
(a) Its own officers, commission agents, employees, members of any profession licensed under Title 54 of NRS retained by it, and members of their families.
(b) Inmates of hospitals or charitable institutions [.] and persons over 65 years of age.
(c) Persons injured in accidents or wrecks and physicians and nurses attending such persons.
(d) Persons providing relief in cases of common disaster.
(e) Contractors and their employees, in carrying out the provisions of any contract to which the carrier is a party.
(f) Peace officers when on official duty.
(g) Attendants of livestock or other property requiring the care of an attendant, who shall be given return passage to the place of shipment, provided there is no discrimination among shippers of a similar class.
(h) Officers, agents, employees, members of any profession licensed under Title 54 of NRS, together with members of their families, who are employed by or affiliated with other common carriers, provided there is an interchange of such free or reduced rate transportation.
κ1971 Statutes of Nevada, Page 252 (CHAPTER 192, AB 311)κ
(i) Indigent, destitute or homeless persons when under the care or responsibility of charitable societies, institutions or hospitals, together with the necessary agents employed in such transportation.
(j) Students of institutions of learning.
4. This section does not prohibit common carriers from giving free or reduced rates for the transportation of property of:
(a) Their officers, commission agents, employees, members of any profession licensed under Title 54 of NRS retained by them, or pensioned or disabled former employees, together with that of their dependents.
(b) Witnesses attending any legal investigations in which such carriers are interested.
(c) Persons providing relief in cases of common disaster.
(d) Contractors and their employees in carrying out the provisions of any contract to which the carrier is a party.
5. Employees, as used in this section, includes:
(a) Furloughed, pensioned and superannuated employees.
(b) Persons who have become disabled or infirm in the service of such carriers.
(c) Persons who are traveling for the purpose of entering the service of any such carrier.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 316Mr. Bryan
CHAPTER 193
AN ACT relating to sanity commissions; requiring that at least one member of such a commission be a psychiatrist; 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 178.455 is hereby amended to read as follows:
178.455 1. The district judge, upon receiving the written notice of the superintendent of the Nevada state hospital that the person charged with a public offense, as provided in NRS 178.425, is of sufficient mentality to be placed upon trial for the commission thereof, shall, within a period of not to exceed 20 days, impanel a sanity commission composed of three [psychiatrists, or three medical doctors, or a combination thereof] physicians, at least one of whom shall be a psychiatrist, who are licensed to practice medicine in this state, but not including members of the medical staff of the Nevada state hospital, who in the opinion of the district judge are qualified to examine the person with respect to his or her then mental condition.
2. The sanity commission shall, within 20 days, examine the person designated by the district judge in the order impaneling the commission, at such convenient place as the commission may direct. Upon the completion of the examination the commission shall return to the district judge
κ1971 Statutes of Nevada, Page 253 (CHAPTER 193, AB 316)κ
its report, findings and opinion in writing, which shall be in triplicate and signed by the respective members of the commission and contain, among other things, specific findings and opinion upon:
(a) Whether the person is of sufficient mentality to know the difference between right and wrong;
(b) Whether the person is of sufficient mentality to understand the nature of the offense charged; and
(c) Whether the person is of sufficient mentality to aid and assist counsel in the defense of the offense charged, or to show cause why judgment should not be pronounced.
Members of the sanity commission may report jointly or individually. A concurrence of the findings of two members shall constitute the decision of the commission. Copies of the report or reports shall be sent to the superintendent of the Nevada state hospital to be incorporated in the medical record of the person.
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Assembly Bill No. 329Committee on Education
CHAPTER 194
AN ACT clarifying a provision governing compensation for school district trustees; and repealing an antiquated provision relating to abolishment of governing boards of county school districts.
[Approved April 7, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 386.290 is hereby amended to read as follows:
386.290 1. [No trustee shall be entitled to or be allowed any compensation for his services as trustee. This subsection shall not be construed to prevent payment of a salary to any trustee elected as clerk of a board of trustees.
2. Except as provided in subsection 3,] In addition to salaries allowed under NRS 386.320 a trustee shall be allowed:
(a) His traveling expenses for traveling each way between his home and the place where board meetings are held at the rate authorized by law for state officers.
(b) His living expenses necessarily incurred while in actual attendance at board meetings at the rate authorized by law for state officers.
[3.] 2. Claims for mileage and per diem allowances shall be allowed and paid in the same manner as other claims against the school district fund are paid, but no claim for mileage and per diem allowances for living expenses shall be allowed or paid to a trustee residing not more than 5 miles from the place where board meetings are held.
Sec. 2. NRS 386.140 is hereby repealed.
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κ1971 Statutes of Nevada, Page 254κ
Assembly Bill No. 332Mr. Jacobsen
CHAPTER 195
AN ACT conveying state-owned land, known as Governors Field, located in Carson City to Carson City; and providing other matters properly relating thereto.
[Approved April 7, 1971]
Whereas, On April 6, 1966, the State of Nevada leased to Carson City approximately 20 acres in the N1/2 of the SW1/4 of the NE1/4 of section 20, T. 15 N., R. 20 E., M.D.B. & M., for recreational purposes and granted an easement of 0.278 acres for access thereto; and
Whereas, Since that time Carson City residents have, by a concerted effort and community involvement constructed on such leased property certain recreational facilities consisting, specifically, of three baseball fields and attendant service buildings; and
Whereas, The value of such improvements now exceeds $150,000; and
Whereas, Complete development of such property will involve a sum substantially equal to that already invested and will require continuous maintenance by Carson City; and
Whereas, The lease agreement has resulted in a worthwhile addition to the local community and has benefited residents of this state as well as the residents of Carson City, since the baseball fields located on such leased land have been used for state tournaments; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The department of highways of the State of Nevada shall convey to Carson City, without compensation therefor, that certain property owned by the department of highways and situated in Carson City, State of Nevada, described as follows:
The N1/2 of the SW1/4 of the NE1/4 of section 20, T. 15 N., R. 20 E., M.D.B. & M., and an additional area, also owned by the department of highways, for access thereto, such area is more fully described by metes and bounds, to wit:
Beginning at a point which bears S. 0°04′53″ E. a distance of 1,948.36 feet from the north quarter corner of section 20, T. 15 N., R. 20 E., M.D.B. & M.; thence S. 0°04′33″ E. a distance of 30.01 feet to a point; thence N. 89°51′58″ W. a distance of 403.03 feet to a point; thence N. 0°23′01″ W. a distance of 30.00 feet to a point; thence S. 89°51′58″ E. a distance of 403.19 feet to the point of beginning. Such additional access area contains 0.278 of an acre, more or less.
To have and to hold for community recreational purposes. When such use ceases such property shall revert to the department of highways of the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 255κ
Assembly Bill No. 339Mr. Swackhamer
CHAPTER 196
AN ACT relating to brand inspectors; granting the powers of peace officers to such inspectors; 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 169.125 is hereby amended to read as follows:
169.125 Peace officer includes:
1. The bailiff of the supreme court;
2. Sheriffs of counties and their deputies;
3. Constables;
4. Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;
5. The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;
6. Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;
7. Marshals and policemen of cities and towns;
8. Parole and probation officers;
9. Special investigators employed by the office of any district attorney or the attorney general;
10. Arson investigators for fire departments specially designated by the appointing authority;
11. Members of the University of Nevada System police department; [and]
12. The state fire marshal and his deputies [.] ; and
13. The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS.
Sec. 2. Chapter 565 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In carrying out the provisions of this chapter, any inspector of the department shall have the power of a peace officer to make investigations and arrests and to execute warrants of search and seizure.
2. Nothing in this section shall be construed to authorize any such inspector to retire under the public employees retirement system prior to having attained the minimum service age of 60 years.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 256κ
Assembly Bill No. 341Messrs. Bryan, Olsen, Schofield, Mrs. Brookman, Messrs. Smalley, Dreyer, Lowman, May and Branch
CHAPTER 197
AN ACT allowing work permits for certain minors to be signed by a juvenile master, referee or probation officer upon authorization by a district judge.
[Approved April 7, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 609.220 is hereby amended to read as follows:
609.220 Every person who shall employ, and every parent, guardian or other person having the care, custody or control of such child, who shall permit to be employed, by another, any male child under the age of 14 years or any female child under the age of 16 years at any labor whatever, in or in connection with any store, shop, factory, mine or any inside employment not connected with farmwork or housework, without the written [permit thereto of a judge of the district court of the county wherein such child may live,] permission for such employment signed by a judge of the district court of the county of the childs residence, or signed by a juvenile master, referee or probation officer authorized to sign such a permit by a judge of the district court of the county of the childs residence, shall be guilty of a misdemeanor.
________
Assembly Bill No. 64Mr. Homer
CHAPTER 198
AN ACT relating to health and accident insurance; prohibiting any insurance policy provision which excludes payment for the services of a chiropractic physician; 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 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]
(a) 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.
κ1971 Statutes of Nevada, Page 257 (CHAPTER 198, AB 64)κ
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.
(b) The free choice of a chiropractic physician licensed under chapter 634 of NRS to perform any service or procedure covered by the policy which such chiropractic physician 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.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1971.
________
Assembly Bill No. 597Committee on Elections
CHAPTER 199
AN ACT relating to elections; authorizing new residents to vote for presidential electors and providing for their registration; prescribing details of applications for ballots, the marking, form and canvass of such ballots; providing penalties; providing for the cancellation of registrations and the preservation of canceled registrations; authorizing former residents of the State of Nevada to vote for President and Vice President under certain conditions; 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 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.
Sec. 2. As used in sections 2 to 17, inclusive, of this act, new resident means a person qualified to vote for presidential electors under this chapter.
Sec. 3. A person who has been a resident of this state less than 6 months prior to the date of the general election at which presidential electors are to be selected shall be entitled to vote for presidential electors at that election, but for no other offices, if he meets both of the following qualifications:
1. He was either a qualified elector in another state immediately prior to his removal to this state or would have been eligible to vote in that other state had he remained there until such election.
2. He would be a qualified elector under section 1 of Article 2 of the constitution of the State of Nevada except that he has not resided in this state for 6 months.
Sec. 4. A new resident shall register to vote in the manner provided in section 6 of this act. The county clerk shall clearly note on the affidavit of registration of a new resident the fact that he is a new resident and qualified to vote only to the extent provided in sections 2 to 17, inclusive, of this act. The affidavits of registration of new residents shall be segregated and shall not be furnished to election boards under NRS 293.275 nor used in connection with the preparation of the list of registered voters prepared under NRS 293.557.
Sec. 5. 1. The county clerk shall have blank affidavits of registration prepared for new residents containing the information required by the secretary of state pursuant to NRS 293.507, excepting the provisions relating to state and county residence.
κ1971 Statutes of Nevada, Page 258 (CHAPTER 199, AB 597)κ
prepared for new residents containing the information required by the secretary of state pursuant to NRS 293.507, excepting the provisions relating to state and county residence. The affidavit shall be printed with the caption New Resident immediately below the heading Affidavit of Registration.
2. No duplicate copy of the registration shall be required.
Sec. 6. 1. Registration for new residents shall end on the 30th day prior to the presidential election.
2. A new resident may register in the office of the county clerk or, if unable to appear in the office of the county clerk, he may, if he is within the county, apply in writing and obtain from the county clerk a blank affidavit of registration. He shall then appear before a notary public and make an affidavit of registration.
Sec. 7. 1. The county clerk shall cause to be printed and shall keep available in his office during the days for the registration of new residents a supply of blank application for ballot forms for the use of new residents in verifying their qualifications under sections 2 to 17, inclusive, of this act. Any new resident desiring to vote in this state shall complete in duplicate the application for a new resident ballot supplied by the county clerk of the county in which he resides. The county clerk shall transmit a copy of the application for ballot to the county clerk or equivalent official of the new residents former residence.
2. The application for ballot shall be substantially in the following form:
Notice of Former Resident of Your State
Now-New Resident of Nevada
New Resident Application for Ballot
|
State of Nevada
County of................................. |
} |
ss. |
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I, ...................., do solemnly swear (or affirm) that: |
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Before becoming a resident of this state I resided at |
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|||
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................................., |
............................ , |
.............................., |
..............................., |
|
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Street or rural route |
City |
County |
State |
|
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Prior to my removal to this state, I was a registered voter in my former state or would have been eligible to register and vote in the forthcoming presidential election had I remained a resident there. |
||||
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I have been a resident of Nevada since ...................., 19..... now residing at |
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................................., |
............................ , |
.............................., |
..............................., |
|
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Street or rural route |
City |
County |
State |
|
|
I will have resided in Nevada less than 6 months prior to the presidential election to be held November .........., 19...... I hereby make application for a new resident ballot. I have not voted and will not vote otherwise than by new resident ballot in ........................................, Nevada, which ballot is to be mailed to me at the address shown on my |
||||
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County |
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|||
|
affidavit of registration not |
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|||
κ1971 Statutes of Nevada, Page 259 (CHAPTER 199, AB 597)κ
|
earlier than 29 nor less than 7 days prior to the presidential election to be held November .........., 19...... |
Signed..........................................................
Applicant
Subscribed and sworn to before me this .......... day of ...................., 19......
(SEAL) .......................................................................
County Clerk or Registrar
of Voters
By..................................................................
Deputy
Sec. 8. Not earlier than the 29th day nor later than the 7th day prior to the day of the election at which presidential electors are selected, the county clerk shall:
1. Mail a new resident ballot, containing only the names of the presidential and vice presidential candidates, to each person registered as a new resident to the address as shown on his affidavit of registration.
2. Enclose instructions and information regarding the marking and return of the ballot.
Sec. 9. The new resident, if he is within the county, shall mark his ballot and shall place it in the identification envelope. He shall then fill out and sign the declaration on the identification envelope and mail or deliver it to the office of the clerk. All ballots cast under this section must be received by the clerk no later than 5 p.m. on the day before the day of the election.
Sec. 10. 1. The secretary of state shall prescribe the size and dimensions of ballots to be used by new residents, and shall notify the respective county clerks of his determination at least 45 days before the election.
2. The ballot shall be in substantially the following form:
NEW RESIDENT BALLOT
To vote for the group of electors preferring presidential and vice presidential candidates whose names appear on the ballot, stamp or mark the ballot with pen or pencil in the square following the name of the party preferred.
|
Presidential Electors Vote for One Party
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A. B., for President C. D., for Vice President
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Democratic |
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E. F., for President G. H., for Vice President
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Republican |
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I. J., for President K. L., for Vice President
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Other |
|
κ1971 Statutes of Nevada, Page 260 (CHAPTER 199, AB 597)κ
Sec. 11. The identification envelope into which a new resident is to place his ballot shall bear upon its face the name and official title of the county clerk and upon the other side a printed affidavit in substantially the following form:
|
State of Nevada
County of................................. |
} |
ss. |
I, ...................., do solemnly swear that I am a citizen of the United States, that on the day of the next election for presidential electors I shall be at least 18 years of age, a resident of this state less than 6 months immediately prior to that election, and am a resident of ...................., County of ...................., State of Nevada; that immediately prior to my removal to this state I resided in the State of ...................., County of ...................., (city) (town) (village) of ...................., where I was a qualified elector at the time of my removal (or) where I would have been qualified to vote in the next presidential election had I maintained my residency there. I have not applied, nor do I intend to apply, for an absent voters ballot from the state from which I have removed.
_............................................................. .......................................................................
(Date of signing) (Signature)
.......................................................................
(Residence address)
Sec. 12. Upon receipt of the return envelope containing the identification envelope, if delivered or mailed from within the county and received by the county clerk no later than 5 p.m. on the day before election day, the county clerk shall compare the voters signature on the identification envelope with that appearing on his new resident affidavit of registration and, if they compare, shall deposit the envelope containing the ballot of the new resident in a safe place in his office, to be kept by him until the time prescribed for processing and counting absent voter ballots. An identification envelope shall in no event be opened before the time for canvassing absent voter ballots.
Sec. 13. The county clerk shall keep open to public inspection a list showing the names and addresses of all persons who have voted as new residents. The list shall be preserved for a period of 4 years from the date of the election.
Sec. 14. The ballots of new residents shall be canvassed at the same time and under the same procedure as absent voter ballots, insofar as that procedure is not inconsistent with the provisions of sections 2 to 17, inclusive, of this act.
Sec. 15. Any person willfully swearing falsely to the affidavits required in sections 7 and 11 of this act is guilty of a misdemeanor.
Sec. 16. After the completion of the official canvass and not later than the first day of the following January, the county clerk shall cancel all registrations of new residents. The county clerk shall mail a notice to each person at the address given on the registration stating that your registration as a voter for presidential electors has been canceled this day and before you are again entitled to vote, you will be required to register as provided by law, when you have met the requirements of voters entitled to vote at elections other than presidential elections.
κ1971 Statutes of Nevada, Page 261 (CHAPTER 199, AB 597)κ
and before you are again entitled to vote, you will be required to register as provided by law, when you have met the requirements of voters entitled to vote at elections other than presidential elections.
Sec. 17. The county clerk shall preserve the canceled affidavits of registration as required in NRS 293.537.
Sec. 18. 1. If a former resident of the State of Nevada otherwise qualified to vote in another state in any election for President and Vice President has commenced his residence in such state after the 30th day next preceding such election and for this reason does not satisfy the requirements for registration in such state, he may vote for President and Vice President only in such election either:
(a) In person in the county of the State of Nevada which was his former residence, if he is otherwise qualified to vote there; or
(b) By absent ballot in the county of the State of Nevada which was his former residence, if he is otherwise qualified to vote there and complies with the applicable requirements of NRS 293.310 to 293.340, inclusive.
2. The secretary of state shall, in a manner consistent with the election laws of this state, prescribe such details concerning the category of absent voter specified in subsection 1 limited solely to voting for President and Vice President as may be necessary to effectuate the purposes of this section.
________
Assembly Bill No. 678Mr. Dini
CHAPTER 200
AN ACT relating to general improvement districts; granting such districts the power to furnish fencing facilities; 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 318 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In the case of a district created wholly or in part for acquiring fencing improvements, the board shall have the power to construct, reconstruct or replace fences for the protection of any area within the district and to acquire improvements necessary thereto.
Sec. 2. NRS 318.116 is hereby amended to read as follows:
318.116 Any one, all or any combination of the following basic powers may be granted to a district in proceedings for its organization, or its reorganization pursuant to NRS 318.077 and all provisions in this chapter supplemental thereto, or as may be otherwise provided by law:
1. Furnishing electric light and power, as provided in NRS 318.117;
2. Extermination and abatement of mosquitoes, flies, other insects, rats, and liver fluke or fasciola hepatica, as provided in NRS 318.118;
3. Furnishing public cemetery facilities or services, as provided in NRS 318.119;
κ1971 Statutes of Nevada, Page 262 (CHAPTER 200, AB 678)κ
4. Furnishing swimming pool facilities, as provided in NRS 318.1191;
5. Furnishing television facilities, as provided in NRS 318.1192;
6. Furnishing street and alley facilities, as provided in NRS 318.120;
7. Furnishing curb, gutter and sidewalk facilities, as provided in NRS 318.125;
8. Furnishing sidewalk facilities, as provided in NRS 318.130;
9. Furnishing storm drainage facilities, as provided in NRS 318.135;
10. Furnishing sanitary sewer facilities, as provided in NRS 318.140;
11. Furnishing street lighting facilities, as provided in NRS 318.141;
12. Furnishing garbage and refuse collection and disposal facilities, as provided in NRS 318.142;
13. Furnishing recreation facilities, as provided in NRS 318.143; [and]
14. Furnishing water facilities, as provided in NRS 318.144 [.] ; and
15. Furnishing fencing facilities, as provided in section 2 of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 333Clark County Delegation (by request)
CHAPTER 201
AN ACT relating to the Clark County Sanitation District No. 1; providing for the improvement and equipment of its sanitary sewer system; providing for the issuance of bonds and other securities, constituting general obligations, to defray wholly or in part the cost of the improvement and equipment of such facilities and appurtenances; providing for the payment of such securities, the security therefor, and other details in connection therewith; otherwise providing powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection with the district, such facilities, such securities, the taxes and other revenues for their payment, their proceeds, other moneys, and pledges and liens pertaining thereto, including, without limitation, by reference to the Local Government Securities Law; 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. Except as otherwise provided in this act, terms used or referred to in this act are as defined in the Local Government Securities Law; but the following terms whenever used or referred to in this act and in the Local Government Securities Law in its connection with this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 9, inclusive, of this act.
Sec. 2. Equipment means the furnishing of all necessary, desirable, useful, related or appurtenant furniture, fixtures and other facilities (or any combination thereof) pertaining to the project or any interest therein, as authorized in this act.
κ1971 Statutes of Nevada, Page 263 (CHAPTER 201, AB 333)κ
Sec. 3. Facilities means the sanitary sewer system of the municipality, consisting of all properties, real, personal, mixed, or otherwise, now owned or hereafter acquired by the municipality, through purchase, construction or otherwise, and used in connection with such system of the municipality and in any way pertaining thereto, whether or not located within or without or both within and without the boundaries of the municipality.
Sec. 4. Governing body means the board of county commissioners of the county of Clark, acting ex officio as the board of trustees of the municipality.
Sec. 5. Gross pledged revenues means all income and revenues derived directly or indirectly by the municipality from the operation and use of and otherwise pertaining to the facilities, or any part thereof, whether resulting from repairs, enlargements, extensions, betterments or other improvements to the facilities, or otherwise, and includes all revenues received by the municipality from the facilities, including, without limitation, all fees, rates and other charges for the use of the facilities, or for any service rendered by the municipality in the operation thereof, directly or indirectly, the availability of any such service, or the sale or other disposal of any commodities derived therefrom, but excluding any moneys borrowed and used for the acquisition of capital improvements, and excluding any moneys received as grants, appropriations or gifts from the Federal Government, the state, or other sources, the use of which is limited by the grantor or donor to the construction of capital improvements for the facilities, except to the extent any such moneys shall be received as payments for the use of the facilities, services rendered thereby, the availability of any such service, or the disposal of any such commodities.
Sec. 6. Improvement means the extension, betterment or other improvement by the construction, purchase or other acquisition of improvements for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes, including, without limitation, sewerage improvements, sewage purification, treatment and disposal works and appurtenant machinery, apparatus, fixtures, structures and buildings.
Sec. 7. Municipality means the body corporate and politic designated as the Clark County Sanitation District No. 1, in the county of Clark.
Sec. 8. Net pledged revenues means the gross pledged revenues remaining after the deduction of the operation and maintenance expenses of the facilities.
Sec. 9. Project means the improvement and equipment of the facilities situate within or without, or both within and without, the corporate limits of the municipality but solely within the boundaries of the county of Clark.
Sec. 10. 1. The municipality, acting by and through its governing body, is authorized by this act, as supplemented by the provisions of the Local Government Securities Law, without any election or other or further preliminaries:
(a) To undertake and complete the project;
κ1971 Statutes of Nevada, Page 264 (CHAPTER 201, AB 333)κ
(b) To borrow money and otherwise to become obligated in a total principal amount of not exceeding $6,500,000, and to evidence such obligations by the issuance of bonds and other securities of the municipality, bearing interest at a rate or rates not exceeding 8 percent per annum and sold at public or private sale at a price resulting in an effective interest rate of not more than 8 percent per annum, constituting general obligations, and issued independent of any debt limitation or other restriction, except as is otherwise provided in this act and in the Local Government Securities Law, in one series or more at any time or from time to time but not after 6 years from the effective date of this act, as the governing body may determine, for the purpose of defraying wholly or in part the cost of the project; and
(c) To exercise the incidental powers provided in the Local Government Securities Law in connection with the powers authorized by this act except as therein and herein otherwise expressly provided.
2. Nothing in this act shall be construed as preventing the governing body, on behalf and in the name of the municipality, from funding, refunding or reissuing any securities of the municipality at any time as provided in the Local Government Securities Law.
Sec. 11. The securities authorized by this act may be issued as:
1. General obligation bonds and other general obligation securities, payable from taxes, or
2. General obligation bonds and other general obligation securities payable from taxes, the payment of which securities is additionally secured with net pledged revenues, or
3. Any combination of such securities.
Sec. 12. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the Local Government Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 13. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 14. If any provisions of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 15. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 265κ
Assembly Bill No. 336Mr. Dreyer
CHAPTER 202
AN ACT to amend chapter 361 of NRS, relating to the property tax, by providing the time when tax exemptions to the vehicle privilege tax must be claimed; 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 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Claims under either NRS 361.080, 361.085, 361.090 or all of these sections, for tax exemption on the vehicle privilege tax shall be filed on or before the 1st Monday in August of the year for which the exemption is claimed. All exemptions provided for in this section shall not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.
________
Senate Bill No. 565Senator Dodge
CHAPTER 203
AN ACT relating to county fire protection districts; deleting the cattle and livestock exemption in certain counties; 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 474.200 is hereby amended to read as follows:
474.200 1. At the time of making the levy of county taxes for that year, the boards of county commissioners shall levy the tax certified upon all property, both real and personal, except as provided in subsection 2, subject to taxation within the boundaries of the district, including the net proceeds of mines. Any tax levied on interstate or intercounty telephone lines, powerlines and other public utility lines as authorized herein shall be based upon valuations as established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.
2. [Cattle] Except in counties having more than 8,000 but less than 8,500 population as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, cattle and other livestock which are defined as personal property in NRS 361.030 are not property subject to taxation under the provisions of subsection 1.
3. When levied, the tax shall be entered upon the assessment rolls and collected in the same manner as state and county taxes.
4. When the tax is collected it shall be placed in the treasury of the county in which the greater portion of the district is located, to the credit of the current expense fund of the district, and shall be used only for the purpose for which it was raised.
κ1971 Statutes of Nevada, Page 266 (CHAPTER 203, SB 565)κ
county in which the greater portion of the district is located, to the credit of the current expense fund of the district, and shall be used only for the purpose for which it was raised.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 175Washoe-Storey Districts Delegation
CHAPTER 204
AN ACT to amend an act entitled An Act relating to county fair and recreation boards in certain counties; authorizing the appropriation and expenditures of moneys for recreational facilities; removing the limitations placed upon the powers of certain county fair and recreation boards upon the creation of county park commissions; and providing other matters properly relating thereto; to amend chapter 244 of NRS by creating a new provision authorizing certain county fair and recreation boards to appropriate and expend moneys for recreational facilities and removing certain limitations on the powers of such boards; to amend NRS 244.660, relating to the membership of such boards, by providing a salary for members of certain boards; 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 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In any county having a population of 100,000 or more and less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the county fair and recreation board may at any time or from time to time appropriate and authorize the expenditure of moneys derived from any source and under the jurisdiction of the board for recreational facilities as described in NRS 244.640, regardless of any limitations in any transfer to the board of the proceeds of any license taxes or other moneys initially caused to be collected by any political subdivision, but subject to any contractual limitations pertaining to moneys so appropriated and subject to any existing appropriations and any other encumbrances on such moneys to meet obligations existing when such an appropriation is made, accrued or not accrued and determinable or contingent.
Sec. 2. NRS 244.660 is hereby amended to read as follows:
244.660 1. Whenever any county fair and recreation board has been organized or reorganized, each member thereof shall file with the county clerk:
(a) His oath of office.
(b) A corporate surety bond furnished at county expense, in an amount not to exceed $1,000, and conditioned for the faithful performance of his duties as a member of the board.
2. Except as provided in subsection 3, no member shall receive any compensation as an employee of the board or otherwise, and no member of the board shall be interested in any contract or transaction with the board or the county except in his official representative capacity.
κ1971 Statutes of Nevada, Page 267 (CHAPTER 204, AB 175)κ
of the board shall be interested in any contract or transaction with the board or the county except in his official representative capacity.
3. Each member of a board created and existing in a county having a population of [200,000] 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall receive $100 per month or $25 for each regular board meeting attended, whichever is less.
Sec. 3. Section 1 of chapter 533, Statutes of Nevada 1969, entitled An Act relating to county fair and recreation boards in certain counties; authorizing the appropriation and expenditures of moneys for recreational facilities; removing the limitations placed upon the powers of certain county fair and recreation boards upon the creation of county park commissions; and providing other matters properly relating thereto, approved April 22, 1970, is hereby repealed.
Sec. 4. NRS 244.686 is hereby repealed.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 368Committee on Government Affairs
CHAPTER 205
AN ACT authorizing the purchase by the state, its subdivisions, and certain persons, companies, associations and others of obligations issued by the Federal National Mortgage Association and the United States Postal Service; 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 100 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Notwithstanding any other provision of law, obligations issued by the United States Postal Service or the Federal National Mortgage Association, whether or not the payment of principal and interest thereon is guaranteed by the Government of the United States, except as provided in section 3 of article 11 of the constitution of the State of Nevada, may be purchased by:
1. Insurance companies, insurance associations and all other persons carrying on an insurance business;
2. Executors, administrators, guardians, committees, conservators, liquidators, rehabilitators, receivers, trust companies and trustees, and all other persons occupying a similar fiduciary position;
3. Banks, bankers and savings banks;
4. Savings and loan associations, investment companies and other financial institutions;
5. Credit unions, cemetery associations, mutual benevolent and benefit associations;
6. The state and any municipality, county, school district or other local government unit or political subdivision;
κ1971 Statutes of Nevada, Page 268 (CHAPTER 205, AB 368)κ
7. All other public officers, boards, commissions, bodies and agencies of the state and its political subdivisions and agencies; and
8. Any other individual, firm, group, corporation, association, institution and fund of any nature whatever.
Sec. 2. NRS 159.117 is hereby amended to read as follows:
159.117 1. Upon approval of the court by order, a guardian of the estate may invest the property of the ward, make loans and accept security therefor, in the manner and to the extent authorized by the court.
2. A guardian of the estate may, without securing the prior approval of the court, invest the property of the ward in the following:
(a) Savings accounts in any bank or savings and loan association in this state, to the extent that such deposits are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.
(b) Interest-bearing obligations of or fully guaranteed by the United States.
(c) Interest-bearing obligations of the United States Postal Service.
(d) Interest-bearing obligations of the Federal National Mortgage Association.
(e) Interest-bearing general obligations of this state.
[(d)] (f) Interest-bearing general obligations of any county, city or school district of this state.
3. A guardian of the estate for two or more wards may invest the property of two or more of the wards in property in which each ward whose property is so invested has an undivided interest. The guardian shall keep a separate record showing the interest of each ward in the investment and in the income, profits or proceeds therefrom.
Sec. 3. NRS 282.320 is hereby amended to read as follows:
282.320 1. The state board of finance shall:
(a) Be charged with the administration of the bond trust fund.
(b) Have full power to invest any money in or belonging to the bond trust fund in bonds or treasury certificates of the United States, obligations of the United States Postal Service or the Federal National Mortgage Association, state bonds, bonds of the counties or any incorporated municipality of the State of Nevada, farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended. Whenever there is sufficient money in the bond trust fund, the state board of finance shall proceed to invest the same.
(c) Have power and authority to sell any bonds belonging to the bond trust fund as the occasion may require.
2. All premiums, together with all interest derived from investments, profits from exchange of bonds or resulting from any action of the state board of finance contemplated by NRS 282.230 to 282.350, inclusive, shall become and remain a part of the bond trust fund.
κ1971 Statutes of Nevada, Page 269 (CHAPTER 205, AB 368)κ
Sec. 4. NRS 286.690 is hereby amended to read as follows:
286.690 1. The board may invest and reinvest the moneys in its funds in bonds or other evidences of indebtedness of the United States of America or any of its agencies or instrumentalities when such obligations are guaranteed as to principal and interest by the United States of America or by any agency or instrumentality thereof.
2. The board may invest and reinvest the moneys in its fund in obligations of the United States Postal Service and the Federal National Mortgage Association, whether or not guaranteed as to principal and interest by the United States of America.
Sec. 5. NRS 286.800 is hereby amended to read as follows:
286.800 The following limitations on investments shall be observed:
1. The board shall not have at any time any combination of investments in any one institution, agency, corporation or political subdivision aggregating an amount exceeding 5 percent of the assets of the system. This restriction shall not apply to:
(a) Investments in general obligations of the United States of America [.] , obligations of the United States Postal Service or the Federal National Mortgage Association.
(b) Investments owned by the system on July 1, 1959.
2. The board shall not have in total more than 10 percent of the assets of the system invested in the Dominion of Canada, its provinces, its cities, its municipal corporations and the obligations of corporations organized under the laws of the Dominion of Canada or any of its provinces.
Sec. 6. NRS 353.280 is hereby amended to read as follows:
353.280 When state funds are placed in escrow, the escrow agent is authorized to invest such funds in United States Government securities, United States Postal Service obligations or Federal National Mortgage Association obligations whose maturity date is prior to the end of the escrow period. The interest from such securities shall be credited to the proper state agency.
Sec. 7. NRS 355.140 is hereby amended to read as follows:
355.140 Any law of this state to the contrary notwithstanding, the following bonds and other securities, or either or any of them, are proper and lawful investments of any of the funds of this state, and of its various departments, institutions and agencies, and of the state insurance fund:
1. Bonds and certificates of the United States;
2. Bonds of federal agencies where underwritten by or payment is guaranteed by the United States;
3. Obligations of the United States Postal Service or the Federal National Mortgage Association whether or not guaranteed by the United States;
4. Bonds of this state or other states of the Union;
[4.] 5. Bonds of any county of the State of Nevada or of other states;
[5.] 6. Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds when such bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;
κ1971 Statutes of Nevada, Page 270 (CHAPTER 205, AB 368)κ
[6.] 7. General obligation bonds of irrigation districts and drainage districts in the State of Nevada which are liens upon the property within such districts, when the value of such property is found by the board or commission making such investments to render such bonds financially sound over and above all other obligations of such districts;
[7.] 8. Bonds of school districts within the State of Nevada;
[8.] 9. Bonds of any general improvement district having a population of not less than 200,000 persons and situated in two or more counties of the State of Nevada or of any other state, which bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation when such property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of such district;
[9.] 10. Temporary or emergency loans to counties, cities and school districts authorized under the provisions of chapter 354 of NRS at an interest rate not to exceed 8 percent per annum;
[10.] 11. Loans bearing interest at a rate determined by the state board of finance when secured by first mortgages on agricultural lands in the State of Nevada of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances; and
[11.] 12. Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended;
except such funds or moneys the investment of which is governed by the provisions of the constitution of the State of Nevada, such as moneys for the benefit of the public schools of this state and for other educational purposes derived from land grants of the United States, escheat estates, gifts and bequests for educational purposes, fines, and from other sources, as provided for in section 3 of article XI of the constitution of this state, and except also such funds or moneys thereof as have been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof.
Sec. 8. NRS 355.170 is hereby amended to read as follows:
355.170 1. A board of county commissioners or the governing body of an incorporated city may purchase for investment the following securities and no others:
(a) Bonds and debentures of the United States, the maturity dates of which shall not extend more than 10 years from the date of purchase;
(b) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C.
κ1971 Statutes of Nevada, Page 271 (CHAPTER 205, AB 368)κ
consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended;
(c) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years from date of purchase,
when, in the opinion of the board of county commissioners or the governing body of the city, there are sufficient moneys in any fund or funds in such county or city, the use of which for the purpose of purchasing the type of bonds herein referred to will not result in the impairment of such fund or funds for the purposes for which the same were created.
(d) Obligations of the United States Postal Service or the Federal National Mortgage Association, the maturity date of which is not more than 10 years from the date of purchase.
(e) Securities which have been expressly authorized as investments for local governments or agencies, as defined in NRS 354.474, by any provision of Nevada Revised Statutes or by any special law.
2. When the board of county commissioners or governing body of the city has determined that there are available moneys in any fund or funds for the purchase of bonds as set out in subsection 1, such purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds shall be credited to the funds in the amounts purchased, and the moneys received from the redemption of such bonds, as and when redeemed, shall go back into the fund or funds from which the purchase money was taken originally.
3. Any interest earned on funds invested pursuant to subsection 2 of this section, may, at the discretion of the board of county commissioners or governing body of the city, be credited either to the fund from which the principal was taken or to the general fund of the county or incorporated city.
4. The board of county commissioners or governing body of an incorporated city may invest any moneys apportioned into funds and not invested pursuant to subsection 2 of this section and any moneys not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which shall not be more than 1 year from the date of investment. Such investments shall be considered as cash for accounting purposes, and all the interest earned thereon shall be credited to the general fund of the county or incorporated city.
5. This section does not authorize the investment of moneys administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of such contract, agreement or grant.
Sec. 9. NRS 616.4972 is hereby amended to read as follows:
616.4972 1. The commission may invest and reinvest the moneys in its funds in bonds or other evidences of indebtedness of the United States of America or any of its agencies or instrumentalities when such obligations are guaranteed as to principal and interest by the United States of America or by any agency or instrumentality thereof.
2. The commission may invest and reinvest the moneys in its fund in obligations of the United States Postal Service or the Federal National Mortgage Association, whether or not guaranteed as to principal and interest by the United States of America.
κ1971 Statutes of Nevada, Page 272 (CHAPTER 205, AB 368)κ
Sec. 10. NRS 662.240 is hereby amended to read as follows:
662.240 1. The funds of any savings bank, except the reserve provided for in this Title:
(a) Shall be invested in bonds of the United States, or of any state of the United States, or in obligations of the United States Postal Service or the Federal National Mortgage Association, or in the public debt or bonds of any county, city or school district of any state in the United States which shall have been lawfully issued, or in debentures issued by the Federal Housing Administrator, or in obligations of national mortgage associations, or in farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by Federal land banks and Federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended; or
(b) May be loaned on negotiable paper secured by any of the classes of security mentioned in paragraph (a), or upon notes or bonds secured by a mortgage lien upon unencumbered real property; or
(c) May be held as cash; or
(d) May be deposited in solvent banks.
2. The deposits in any bank shall not exceed 40 percent of the capital and surplus of the depositing bank.
3. Chattel mortgages are not collateral security and savings banks may not invest their funds in them.
Sec. 11. NRS 673.276 is hereby amended to read as follows:
673.276 1. An association shall have the power to invest in:
(a) Without limit, obligations of, or obligations guaranteed as to principal and interest by, the United States or any state.
(b) Obligations of the United States Postal Service, whether or not guaranteed as to principal and interest by the United States.
(c) Stock of a federal home-loan bank of which it is eligible to be a member.
[(c)] (d) Any obligations or consolidated obligations of any federal home-loan bank or banks.
[(d)] (e) Stock or obligations of the Federal Savings and Loan Insurance Corporation.
[(e)] (f) Stock or obligations of a national mortgage association or any successor or successors thereto [.] , including the Federal National Mortgage Association.
[(f)] (g) Demand, time or savings deposits with any bank or trust company, the deposits of which are insured by the Federal Deposit Insurance Corporation.
[(g)] (h) Stock or obligations of any corporation or agency of the United States or any state, or in deposits therewith to the extent that such corporation or agency assists in furthering or facilitating the associations purposes or powers.
[(h)] (i) Savings accounts of any insured state-licensed association and of any federal savings and loan association, but each investment in any such other savings and loan association shall be fully insured by the Federal Savings and Loan Insurance Corporation.
κ1971 Statutes of Nevada, Page 273 (CHAPTER 205, AB 368)κ
any such other savings and loan association shall be fully insured by the Federal Savings and Loan Insurance Corporation.
[(i)] (j) Bonds, notes or other evidences of indebtedness which are general obligations of any city, town, county, school district or other municipal corporation or political subdivision of any state.
2. An association may invest any portion of its funds in loans to its borrowing members secured by first lien deeds of trust or mortgages upon real property. Additional loans or advances on the same property, without intervening liens, shall be deemed to be first liens for the purpose of this chapter, but no one nonresidential loan can be made in excess of 2 percent of the total savings accounts of the association unless approved in writing by the commissioner.
3. No association may create loans by investment in real property further than 100 miles from its home office, unless it has the prior, written approval of the commissioner. Such investment may include the subdivision and development of such real property principally for residential use. No association shall have investments under this subsection at any time greater than 5 percent of its assets. No investment made pursuant to this subsection may be held by an association for more than 3 years except with the written permission of the commissioner.
Sec. 12. NRS 682.340 is hereby amended to read as follows:
682.340 Any domestic company may invest in bonds or securities which are the direct obligations of the United States or which are secured or guaranteed as to principal and interest by the United States, in obligations of the United States Postal Service or the Federal National Mortgage Association, whether or not guaranteed as to principal and interest by the United States, and in farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended.
Sec. 13. This act shall become effective upon passage and approval.
________
Senate Bill No. 151Committee on Finance
CHAPTER 206
AN ACT making supplemental appropriations from the general fund in the state treasury for the support of various state officers, departments and agencies; 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. For the fiscal year ending June 30, 1971, there is hereby appropriated from the general fund in the state treasury:
1. The sum of $55,863 for the support of the buildings and grounds division of the department of administration as an additional and supplemental appropriation to that allowed and made by section 8 of chapter 658, Statutes of Nevada 1969.
κ1971 Statutes of Nevada, Page 274 (CHAPTER 206, SB 151)κ
division of the department of administration as an additional and supplemental appropriation to that allowed and made by section 8 of chapter 658, Statutes of Nevada 1969.
2. The sum of $5,000 for the support of the real estate division of the department of commerce as an additional and supplemental appropriation to that allowed and made by section 36 of chapter 658, Statutes of Nevada 1969.
3. The sum of $17,922 for the support of the office of the secretary of state as an additional and supplemental appropriation to that allowed and made by section 5 of chapter 658, Statutes of Nevada 1969.
4. The sum of $15,000 for the support of the taxicab authority.
5. The sum of $13,833 for the support of the state department of agriculture as an additional and supplemental appropriation to that allowed and made by section 41 of chapter 658, Statutes of Nevada 1969.
6. The sum of $147,250 for the support of the Nevada tax commission as an additional and supplemental appropriation to that allowed and made by section 16 of chapter 658, Statutes of Nevada 1969.
7. The sum of $121,886 for the support of the office of the state controller as an additional and supplemental appropriation to that allowed and made by section 7 of chapter 658, Statutes of Nevada 1969.
8. The sum of $173,478 for the support of the Nevada state prison as an additional and supplemental appropriation to that allowed and made by section 33 of chapter 658, Statutes of Nevada 1969.
9. The sum of $10,000 for the support of the Western Interstate Nuclear Compact and the Western Interstate Nuclear Board as an additional and supplemental appropriation to that allowed and made by section 7 of chapter 601, Statutes of Nevada 1969.
Sec. 2. 1. After June 30, 1971, unexpended balances of the appropriations made by subsections 1 to 6, inclusive, and subsections 8 and 9 of 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.
2. After June 30, 1973, unexpended balances of the appropriation made by subsection 7 of section 1 shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on September 1, 1973.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 275κ
Assembly Bill No. 290Mr. Glaser
CHAPTER 207
AN ACT relating to the Town of Carlin; providing for the improvement and equipment of its sanitary sewer system; providing for the issuance of bonds and other securities, constituting general obligations, to defray wholly or in part the cost of the improvement and equipment of such facilities and appurtenances; providing for the payment of such securities, the security therefor, and other details in connection therewith; otherwise providing powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection with the district, such facilities, such securities, the taxes and other revenues for their payment, their proceeds, other moneys, and pledges and liens pertaining thereto, including, without limitation, by reference to the Local Government Securities Law; 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. Except as otherwise provided in this act, terms used or referred to in this act are as defined in the Local Government Securities Law; but the following terms whenever used or referred to in this act and in the Local Government Securities Law in its connection with this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 9, inclusive, of this act.
Sec. 2. Equipment means the furnishing of all necessary, desirable, useful, related or appurtenant furniture, fixtures and other facilities (or any combination thereof) pertaining to the project or any interest therein, as authorized in this act.
Sec. 3. Facilities means the sanitary sewer system of the municipality, consisting of all properties, real, personal, mixed, or otherwise, now owned or hereafter acquired by the municipality, through purchase, construction or otherwise, and used in connection with such system of the municipality and in any way pertaining thereto, whether or not located within or without or both within and without the boundaries of the municipality.
Sec. 4. Governing body means the board of commissioners of the municipality.
Sec. 5. Gross pledged revenues means all income and revenues derived directly or indirectly by the municipality from the operation and use of and otherwise pertaining to the facilities, or any part thereof, whether resulting from repairs, enlargements, extensions, betterments or other improvements to the facilities, or otherwise, and includes all revenues received by the municipality from the facilities, including, without limitation, all fees, rates and other charges for the use of the facilities, or for any service rendered by the municipality in the operation thereof, directly or indirectly, the availability of any such service, or the sale or other disposal of any commodities derived therefrom, but excluding any moneys borrowed and used for the acquisition of capital improvements, and excluding any moneys received as grants, appropriations or gifts from the Federal Government, the state, or other sources, the use of which is limited by the grantor or donor to the construction of capital improvements for the facilities, except to the extent any such moneys shall be received as payments for the use of the facilities, services rendered thereby, the availability of any such service, or the disposal of any such commodities.
κ1971 Statutes of Nevada, Page 276 (CHAPTER 207, AB 290)κ
be received as payments for the use of the facilities, services rendered thereby, the availability of any such service, or the disposal of any such commodities.
Sec. 6. Improvement means the extension, betterment or other improvement by the construction, purchase or other acquisition of improvements for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes, including, without limitation, sewerage improvements, sewage purification, treatment and disposal works and appurtenant machinery, apparatus, fixtures, structures and buildings.
Sec. 7. Municipality means the body corporate and politic designated as the Town of Carlin, in the county of Elko.
Sec. 8. Net pledged revenues means the gross pledged revenues remaining after the deduction of the operation and maintenance expenses of the facilities.
Sec. 9. Project means the improvement and equipment of the facilities situate within or without, or both within and without, the corporate limits of the municipality but solely within the boundaries of the county of Elko.
Sec. 10. 1. The municipality, acting by and through its governing body, is authorized by this act, as supplemented by the provisions of the Local Government Securities Law, without any election or other or further preliminaries:
(a) To undertake and complete the project;
(b) To borrow money and otherwise to become obligated in a total principal amount of not exceeding $125,000, and to evidence such obligations by the issuance of bonds and other securities of the municipality, bearing interest at a rate or rates not exceeding 8 percent per annum and sold at public or private sale at a price resulting in an effective interest rate of not more than 8 percent per annum, constituting general obligations, and issued independent of any debt limitation or other restriction, except as is otherwise provided in this act and in the Local Government Securities Law, in one series or more at any time or from time to time but not after 6 years from the effective date of this act, as the governing body may determine, for the purpose of defraying wholly or in part the cost of the project; and
(c) To exercise the incidental powers provided in the Local Government Securities Law in connection with the powers authorized by this act except as therein and herein otherwise expressly provided.
2. Nothing in this act shall be construed as preventing the governing body, on the behalf and in the name of the municipality, from funding, refunding or reissuing any securities of the municipality at any time as provided in the Local Government Securities Law.
Sec. 11. The securities authorized by this act may be issued as:
1. General obligation bonds and other general obligation securities, payable from taxes, or
2. General obligation bonds and other general obligation securities payable from taxes, the payment of which securities is additionally secured with net pledged revenues, or
3. Any combination of such securities.
Sec. 12. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the Local Government Securities Law.
κ1971 Statutes of Nevada, Page 277 (CHAPTER 207, AB 290)κ
supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the Local Government Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 13. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 14. If any provisions of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 15. This act shall become effective upon passage and approval.
________
Senate Bill No. 33Senator Dodge
CHAPTER 208
AN ACT relating to annexation; providing certain changes in definitions affecting annexation procedure; and providing other matters properly relating thereto.
[Approved April 8, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 268.574 is hereby amended to read as follows:
268.574 As used in NRS 268.570 to 268.608, inclusive:
1. Contiguous means either abutting directly on the boundary of the annexing municipality or separated from the boundary thereof by a street, alley, public right-of-way, creek, river or the right-of-way of a railroad or other public service corporation, or by lands owned by the annexing municipality, by some other political subdivision of the state or by the State of Nevada.
2. Lot or parcel means any tract of land of sufficient size to constitute a legal building lot as determined by the zoning ordinance of the county in which the territory proposed to be annexed is situated. If such county has not enacted a zoning ordinance, the question of what constitutes a building lot shall be determined by reference to the zoning ordinance of the annexing municipality.
3. Majority of the property owners in a territory means the record owners of real property:
(a) Whose combined value is greater than 50 percent of the total value of real property in the territory, as determined by assessment for taxation; and
(b) Whose combined area is greater than 50 percent of the total area of the territory [.] , excluding lands held by public bodies.
4. A lot or parcel of land is used for residential purposes if it is 5 acres or less in area and contains a habitable dwelling unit of a permanent nature.
κ1971 Statutes of Nevada, Page 278 (CHAPTER 208, SB 33)κ
acres or less in area and contains a habitable dwelling unit of a permanent nature.
Sec. 2. NRS 268.622 is hereby amended to read as follows:
268.622 Majority of the property owners in a territory means the owners of real property:
1. Whose combined value is greater than 50 percent of the total value of real property in the territory, as determined by assessment for taxation; and
2. Whose combined area is greater than 50 percent of the total area of the territory [.] , excluding lands held by public bodies.
Sec. 3. NRS 268.660 is hereby amended to read as follows:
268.660 1. Except as provided in subsection 2, the annexation shall be denied if protests are made, either in writing as provided in NRS 268.656 or at the public hearing, by:
(a) A majority in number of the real property owners of the territory proposed to be annexed; or
(b) The owners of real property whose combined value is greater than 50 percent of the total value of real property in the territory proposed to be annexed, as determined by assessment for taxation.
2. Annexation of territory to a city may be approved over any protest if:
(a) The territory proposed to be annexed is entirely surrounded by such city and;
(1) Does not exceed 40 acres in area; or
(2) Is subdivided for residential, commercial or industrial purposes;
(b) Provision of municipal services, including without limitation water, sewerage, police protection and fire protection, to the territory proposed to be annexed is necessary to the public health, safety, convenience or welfare; and
(c) The city to which annexation is proposed is or within a reasonable time will be able to supply the municipal services so required.
3. A public body may exclude its own lands from annexation if they are held for purposes other than highways.
________
Senate Bill No. 578Committee on Federal, State and Local Governments
CHAPTER 209
AN ACT relating to the distribution of taxes; requiring recognition of certain population changes in making such distribution; requiring the secretary of state to certify to such changes; and providing other matters properly relating thereto.
[Approved April 8, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 226 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The state treasurer in apportioning any tax proceeds to any incorporated city or town shall, based upon the facts contained in a certificate prepared by the secretary of state using the population figures of the last preceding national census of the Bureau of the Census of the United States Department of Commerce, take into account any population change resulting from the incorporation or disincorporation of any city or the annexation of any territory to any city.
κ1971 Statutes of Nevada, Page 279 (CHAPTER 209, SB 578)κ
prepared by the secretary of state using the population figures of the last preceding national census of the Bureau of the Census of the United States Department of Commerce, take into account any population change resulting from the incorporation or disincorporation of any city or the annexation of any territory to any city.
Sec. 2. Chapter 360 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person charged with the duty of apportioning any tax proceeds to any incorporated city or town shall, based upon the facts contained in a certificate prepared by the secretary of state using the population figures of the last preceding national census of the Bureau of the Census of the United States Department of Commerce, take into account any population change resulting from the incorporation or disincorporation of any city or the annexation of any territory to any city.
________
Senate Bill No. 339Committee on Transportation
CHAPTER 210
AN ACT conforming the provisions of the Nevada law governing relocation payments and advisory assistance to persons displaced by construction of federal-aid highways with current provisions of the federal law; and providing other matters properly relating thereto.
[Approved April 8, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.961 is hereby amended to read as follows:
408.961 It is the intent of the legislature in enacting NRS 408.961 to 408.9617, inclusive, to provide a statutory basis for the prompt, orderly and equitable relocation and reestablishment of persons, businesses, farm operations and nonprofit organizations displaced by construction of federal-aid highways in this state, consistent with the public policy declared by the Congress in section [30 of the Federal-Aid Highway Act of 1968 (23 U.S.C. § 501)] 201 of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) that a comprehensive program of relocation payments and advisory assistance shall be provided to all persons so displaced.
Sec. 2. NRS 408.9611 is hereby amended to read as follows:
408.9611 1. Upon application approved by the engineer, a displaced person who moves as the result of any highway project approved under 23 U.S.C. §§ 106 and 107 may elect to receive actual and reasonable expenses in moving himself, his family, his business or his farm operation, including moving personal property. [, if the payment for such actual and reasonable moving expenses, when added to other payments received under NRS 408.9612 and 408.9613, does not exceed $25,000.]
2. Any displaced person who moves from a dwelling may elect to accept in lieu of actual expenses a dislocation allowance of [$100] $200 and a moving expense allowance, not to exceed [$200,] $300, determined according to a schedule established by the engineer.
κ1971 Statutes of Nevada, Page 280 (CHAPTER 210, SB 339)κ
and a moving expense allowance, not to exceed [$200,] $300, determined according to a schedule established by the engineer.
3. Any displaced person who moves or discontinues his business or farm operation may elect to accept in lieu of actual expenses a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, [or $5,000, whichever is less.] except that such payment shall not be less than $2,500 nor more than $10,000. In the case of a business, no payment shall be made under this subsection unless the engineer is satisfied that the business cannot be relocated without a substantial loss of its existing patronage and is not part of a commercial enterprise having at least one other establishment which is not being acquired by the state or by the United States and is engaged in the same or similar business.
4. For the purposes of this section average annual net earnings means one-half of any net earnings of the business or farm operation, before federal income tax, acquired during the 2 taxable years immediately preceding the taxable year in which such business or farm operation moves from the real property, and includes any compensation paid by the business or farm operation to the owner, his spouse or his dependents during such 2-year period.
5. To be eligible for the payment authorized under subsection 3, the business or farm operation must make its financial statements and accounting records available to the department for confidential inspection and use in determining the amount of the payment authorized.
Sec. 3. NRS 408.9612 is hereby amended to read as follows:
408.9612 In addition to amounts otherwise authorized by NRS 408.9611 and 408.9613, the department shall make a payment to:
1. The owner of real property which is acquired for a federal-aid highway project and is improved by a dwelling for one, two or three families actually owned and occupied by the owner for not less than [1 year] 180 days prior to the first written offer for the acquisition of such property. Such payment shall not exceed [$5,000] $15,000 or the amount which, when added to the acquisition payment, equals the average price required for a comparable dwelling which is determined, in accordance with standards established by the engineer, to be a decent, safe and sanitary dwelling adequate to accommodate the displaced owner, reasonably accessible to public services and places of employment and available on the private market, whichever amount is less. Such payment shall be made only to a displaced owner who purchases and occupies [such a comparable] a decent, safe and sanitary replacement dwelling within 1 year from the date on which he is required to move from the dwelling acquired for the project [.] or within 1 year beginning on the date which he receives final payment of all costs of the acquired replacement dwelling, whichever date is later.
2. Any individual or family displaced from any dwelling and not eligible to receive a payment under subsection 1 where such dwelling was actually and lawfully occupied by such individual or family for not less than 90 days prior to the first written offer for acquisition of such property. Such payment shall not exceed [$1,500] $4,000 or the amount necessary to enable such person to lease or rent for a period not to exceed [2] 4 years, or to make the down payment on the purchase of, a decent, safe and sanitary dwelling of standards adequate to accommodate such individual or family and located in areas not generally less desirable in regard to public utilities and public and commercial facilities, whichever amount is less [.]
κ1971 Statutes of Nevada, Page 281 (CHAPTER 210, SB 339)κ
necessary to enable such person to lease or rent for a period not to exceed [2] 4 years, or to make the down payment on the purchase of, a decent, safe and sanitary dwelling of standards adequate to accommodate such individual or family and located in areas not generally less desirable in regard to public utilities and public and commercial facilities, whichever amount is less [.] ; but if such purchase price exceeds $2,000, such person must equally match any such amount in excess of $2,000 in making the down payment.
Sec. 4. NRS 408.9613 is hereby amended to read as follows:
408.9613 In addition to amounts otherwise authorized by NRS 408.9611 and 408.9612, the department shall reimburse the owner of real property acquired for a federal-aid highway project for reasonable and necessary expenses incurred as the result of:
1. Recording fees, title examination charges, escrow fees and similar expenses incidental to conveying such property; and
2. Penalty costs for prepayment of any mortgage or deed of trust encumbrancing such real property if such mortgage or deed of trust was entered into in good faith and is on record or has been filed for record in accordance with chapter 247 of NRS on the date when the board gives final approval of the location of such highway project.
3. Any increased interest costs which such displaced person is required to pay for financing the acquisition of a comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired by the department was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than 180 days prior to the initiation of negotiations for the acquisition of such dwelling. Such amount shall be equal to the excess in the aggregate interest and other debt service costs of that amount of the principal of the mortgage on the replacement dwelling which is equal to the unpaid balance of the mortgage on the acquired dwelling, reduced to discounted present value. The discount rate shall be the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located.
4. Reasonable expenses incurred by such displaced person for evidence of title, recording fees and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses. Such payment shall be made only to a displaced owner who purchases and occupies such a comparable dwelling within 1 year from the date on which he is required to move from the dwelling acquired for the project.
Sec. 5. This act shall become effective upon passage and approval and shall be operative retroactively from January 2, 1971.
________
κ1971 Statutes of Nevada, Page 282κ
Senate Bill No. 329Committee on Transportation
CHAPTER 211
AN ACT relating to drivers licenses; authorizing the department of motor vehicles to issue a restricted drivers license to a person whose license has been revoked; supplying conditions for such issuance; and providing other matters properly relating thereto.
[Approved April 8, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.490 is hereby amended to read as follows:
483.490 1. The department shall not suspend a license for a period of more than 1 year, and, except as provided in subsection 2, upon revoking a license shall not [, in any event,] grant an application for a new license until the expiration of such period of revocation.
2. The department may, after the expiration of 1 year from the date of revocation of a license and when the period of such revocation exceeds 1 year, issue a drivers license to an applicant permitting such applicant to drive a motor vehicle for purposes of his employment only, if:
(a) The department is satisfied that a severe hardship exists; and
(b) The applicants driving record shows he has not been involved as a driver in a motor vehicle accident causing property or physical damage for at least 2 years next preceding the application.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 303Committee on Finance
CHAPTER 212
AN ACT making an appropriation from the general fund in the state treasury to the state board of examiners for the purpose of settling a specific claim after certain contingencies are met.
[Approved April 8, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of NRS 41.037 or any other law, there is hereby appropriated from the general fund in the state treasury the sum of $9,000 to the state board of examiners for the specific purpose of making an administrative settlement of a certain claim which can be settled for that amount, if the attorney general recommends such a settlement, the board of examiners allows and approves the amount, and a complete release absolving the State of Nevada and its officers and employees from liability is obtained concurrently with the payment of the claim.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 283κ
Assembly Bill No. 259Mr. Swackhamer
CHAPTER 213
AN ACT relating to criminal procedure; establishing procedures which must be followed before an alibi defense can be utilized; imposing certain duties on the district attorney; and providing other matters properly relating thereto.
[Approved April 8, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 174.087 is hereby amended to read as follows:
174.087 1. [If a defendant intends to offer in his defense evidence to establish an alibi, he shall give the district attorney written notice thereof not more than 3 days after the day of arraignment or 10 days before the date set for trial, whichever is later. Such notice shall include specific information as to the place where he claims to have been at the time of the alleged offense. In default of such notice, evidence of such alibi shall not be received unless the court, upon good cause shown, otherwise orders.
2. If a defendant has given written notice of his intent to offer in his defense evidence to establish an alibi as provided in subsection 1, the district attorney shall give such defendant or his counsel, not less than 3 days before the date set for trial, a written statement setting forth the results or reports of the state agents investigation of the alibi defense, including the names and addresses of any witnesses who have any information relative to the defense of alibi.] A defendant in a criminal case who intends to offer evidence of an alibi in his defense shall, not less than 10 days before trial or at such other time as the court may direct, file and serve upon the district attorney a written notice of his intention to claim such alibi, which notice shall contain specific information as to the place at which the defendant claims to have been at the time of the alleged offense and, as particularly as are known to defendant or his attorney, the names and addresses of the witnesses by whom he proposes to establish such alibi.
2. Not less than 10 days after receipt of the defendants witness list, or at such other times as the court may direct, the district attorney shall file and serve upon the defendant the names and addresses, as particularly as are known to the district attorney, of the witnesses the state proposes to offer in rebuttal to discredit the defendants alibi at the trial of the cause.
3. Both the defendant and the district attorney shall be under a continuing duty to disclose promptly the names and addresses of additional witnesses which come to the attention of either party subsequent to filing their respective witness lists as provided in this section.
4. If a defendant fails to file and serve a copy of such notice as herein required, the court may exclude evidence offered by such defendant for the purpose of proving an alibi, except the testimony of the defendant himself. If such notice is given by a defendant, the court may exclude the testimony of any witness offered by the defendant for the purpose of proving an alibi if the name and address of such witness, as particularly as is known to the defendant or his attorney, is not stated in such notice.
κ1971 Statutes of Nevada, Page 284 (CHAPTER 213, AB 259)κ
5. If the district attorney fails to file and serve a copy on the defendant of a list of witnesses as in this section provided, the court may exclude evidence offered by the state in rebuttal to the defendants alibi evidence. If such notice is given by the district attorney, the court may exclude the testimony of any witness offered by the district attorney for the purpose of rebutting the defense of alibi if the name and address of such witness, as particularly as is known to the district attorney, is not stated in such notice. For good cause shown the court may waive the requirements of this section.
________
Senate Bill No. 284Senators Young, Swobe, Harris, Wilson and Hug
CHAPTER 214
AN ACT directing the Virginia City Restoration Commission to continue its studies and investigations concerning the problems of restoring Virginia City and to report its findings to the 57th session of the Nevada legislature.
[Approved April 8, 1971]
Whereas, Pursuant to the provisions of chapter 175, Statutes of Nevada 1963, the Virginia City Restoration Commission was created and charged with a study and investigation of the problems of restoring the Virginia City of the mid-nineteenth century, the financing of such a project, and other appropriate matters pertaining thereto; and
Whereas, The Virginia City Restoration Commission was directed to continue its activities by action of the 53rd session of the Nevada legislature in chapter 404, Statutes of Nevada 1965, by the 54th session in chapter 295, Statutes of Nevada 1967, and by the 55th session in chapter 283, Statutes of Nevada 1969; and
Whereas, The Virginia City Restoration Commission has filed a report of its findings with the 56th session of the Nevada legislature; and
Whereas, Additional study and investigation by such commission is proper and necessary; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The Virginia City Restoration Commission created pursuant to the provisions of chapter 175, Statutes of Nevada 1963, is hereby directed to continue its study and investigation of the problems of restoring the Virginia City of the mid-nineteenth century, the financing of such a project, and other appropriate matters pertaining thereto, and shall report its additional findings and recommendations to the 57th session of the legislature of the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 285κ
Senate Bill No. 286Senators Young, Swobe, Harris, Wilson and Hug
CHAPTER 215
AN ACT relating to the Virginia City Historic District; changing the composition of the Virginia City historic district commission; enlarging the area which may be included in the district; providing for the location of the office of the commission; and providing other matters properly relating thereto.
[Approved April 8, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 384.050 is hereby amended to read as follows:
384.050 1. One commissioner shall be a member of the board of trustees of the Nevada state museum, one commissioner shall be a member of the board of trustees of the Nevada historical society, one commissioner shall be a member of the board of trustees of the Comstock Historical Restoration Foundation, one commissioner shall be a member of the board of trustees of the Nevada heritage association, one commissioner shall be a person licensed to practice architecture in this state, and two commissioners shall be residents of the district.
2. The other [four] two commissioners shall be persons interested in the protection and preservation of structures, sites and areas of historic interest and shall be residents of this state.
3. Subject to the qualifications contained in this section, vacancies in the membership of the commission shall be filled by appointment by the governor for the unexpired term. Each commissioner shall continue in office after the expiration of his term until his successor is duly appointed and qualified.
4. The commission shall elect one of its members as chairman and another as vice chairman, who shall serve for a term of 1 year or until their successors are duly elected and qualified.
Sec. 2. NRS 384.070 is hereby amended to read as follows:
384.070 1. The commission may establish and maintain an office in Virginia City, Storey County, Nevada, in which there shall be at all times open to public inspection a complete record of applications for certificates of appropriateness and their disposition, minutes of the commissions meetings, and any regulations adopted by the commission.
2. The commission shall maintain a library in the office for the purpose of guiding applicants in their design or embellishment of the exterior of their buildings, new or remodeled. The library shall consist of, but not be limited to, documents, paintings, photographs, drawings and histories descriptive of the period which are deemed appropriate guidelines to the applicant. A card index system shall also be made and maintained for reference to more comprehensive information in libraries other than the one maintained by the commission.
Sec. 3. NRS 384.100 is hereby amended to read as follows:
384.100 1. The commission may establish an historic district in [the following described area within which historic structures, sites and railroads relating to the Comstock Lode and its history are or were located:
κ1971 Statutes of Nevada, Page 286 (CHAPTER 215, SB 286)κ
(a) All of section 29, T. 17 N., R. 21 E., except the E1/2 SE1/4 and the SW1/4 SE1/4; and
(b) The SW1/4 NW1/4 and the NW1/4 SW1/4 of section 32, T. 17 N., R. 21 E.
All township and range references are to Mount Diablo Base and Meridian. The total area is 600 acres, more or less.] such portions of Storey and Lyon counties and Carson City as it may designate as provided in this chapter embracing an area within which historic structures, sites and railroads relating to the Comstock lode and its history are or were located.
2. Before establishing any such district, the commission shall hold a public hearing after giving notice of the time and place of such hearing in a newspaper of general circulation in each county a portion of which is located within the proposed district.
3. Such notice shall be published once a week for 3 consecutive weeks and shall include the purpose of the hearing and the boundaries of the proposed district.
4. At such hearing any person may appear in support of or in opposition to the establishment of such district.
5. Within 15 days after the hearing the commission shall:
(a) Establish an historic district and fix its boundaries; or
(b) Determine not to establish an historic district.
6. If an historic district is established, notice thereof shall be given by one publication in a newspaper of general circulation in each county a portion of which is located within the district.
7. The commission may alter or change the boundaries of the district by following the same procedure as provided in this section for the establishment of a district.
________
Senate Bill No. 190Senators Hecht, Hug, Close and Walker
CHAPTER 216
AN ACT enlarging the scope of the powers and duties of the state librarian; and providing other matters properly relating thereto.
[Approved April 8, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 378.080 is hereby amended to read as follows:
378.080 [1. The state librarian shall serve as the executive officer of the state library, and shall administer all its activities and services.
2. He shall have the following powers and duties:
(a)] The state librarian is responsible for the Nevada state library and the statewide program of development and coordination of library and information services. His powers and duties shall be:
1. To administer the state library [, including the law and government library and the public and other departments,] in accordance with law and good library practice.
[(b) To select and purchase books, periodicals, pamphlets, films and other library materials, supplies, equipment and services.
κ1971 Statutes of Nevada, Page 287 (CHAPTER 216, SB 190)κ
(c)] 2. To purchase and exchange the Nevada Revised Statutes and supplements, or any other compilation or code of Nevada laws which may be thereafter published, with each of the state libraries of the United States in return for their legal compilations.
[(d)] 3. To withdraw from the library collection and dispose of any items no longer needed.
[(e) To borrow books from, lend books to, and exchange books with other libraries.
(f) To enter into agreements with other libraries in the state or with the Nevada center for cooperative library services for the improvement of library service.
(g)] 4. To maintain the state library, including the selecting, acquiring, circulating and holding custody of books, periodicals, pamphlets, films, recordings, papers and other materials and equipment.
5. To maintain a comprehensive collection and reference service to meet reference needs of public officers, departments or agencies of the state, and other libraries and related agencies.
6. To make and enforce rules and regulations necessary for the administration, government and protection of the state library and all property belonging thereto.
[(h) To render, in his discretion, financial assistance to regional, county, city or town free public libraries.
(i) To render, in his discretion, technical assistance to any library seeking such assistance or to the Nevada center for cooperative library services.]
7. To issue official lists of publications of the state and other bibliographical and informational publications as appropriate.
8. To borrow from, lend to, and exchange books and other library and information materials with other libraries and related agencies.
9. To collect, compile and publish statistics and information concerning the operation of libraries in the state.
10. To carry out continuing studies and analyses of library problems.
11. To maintain a clearinghouse of information, data and other materials in the field of library and information services.
12. To provide advice and technical assistance to public libraries, other libraries, agencies of the state, political subdivisions, planning groups and other agencies and organizations.
13. To assist and cooperate with other state agencies and officials, local governments, federal agencies and organizations in carrying out programs involving library and information services.
14. To encourage and assist the efforts of libraries and local governments to develop mutual and cooperative solutions to library and information service problems.
15. To contract with the Nevada center for cooperative library services, and other agencies, organizations, libraries, library schools, boards of education and universities, public and private, within or outside the state, for library services, facilities, research or any other related purpose.
16. To accept, administer and distribute, in accordance with the terms thereof, any moneys, materials or other aid granted, appropriated or made available to the state library for library purposes by the United States or any of its agencies or by any other source, public or private.
κ1971 Statutes of Nevada, Page 288 (CHAPTER 216, SB 190)κ
or made available to the state library for library purposes by the United States or any of its agencies or by any other source, public or private.
17. To administer such funds as may be made available by the legislature for improvement of public library services, inter-library cooperation or for other library and information-transfer services.
18. To develop adequate standards for services, resources, personnel and programs that will serve as a source of information and inspiration to persons of all ages, including handicapped persons and disadvantaged persons, and that will encourage continuing education beyond the years of formal education.
19. Subject to the approval of local governing bodies, to designate certain libraries as resource center libraries and develop and encourage cooperative steps to link these centers with other libraries in a reference and information network.
________
Senate Bill No. 474Committee on Education
CHAPTER 217
AN ACT relating to financial support of school districts; giving one-fourth credit for the attendance of certain pupils; and providing other matters properly relating thereto.
[Approved April 8, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.123 is hereby amended to read as follows:
387.123 1. For making the apportionments of the state distributive school fund authorized and directed to be made under the provisions of Title 34 of NRS, average daily attendance means the 3 months of highest average daily attendance for the current school year of:
(a) Pupils in grades 1 to 12, inclusive, of the public schools plus six-tenths of the pupils in the kindergarten department of the public schools.
(b) Physically handicapped or mentally retarded minors receiving special education pursuant to the provisions of NRS 388.440 to 388.540, inclusive.
(c) Children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.580, inclusive.
(d) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma. One-fourth credit toward average daily attendance will be given for the attendance of any such pupil for each one-credit course taken.
2. The state board of education shall establish uniform rules to be used in calculating the average daily attendance of pupils. In calculating average daily attendance of pupils, no pupil specified in paragraphs (a), (b) and (c) of subsection 1 shall be counted more than once. In establishing such rules for the public schools, the state board of education:
(a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.
κ1971 Statutes of Nevada, Page 289 (CHAPTER 217, SB 474)κ
(b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.
(c) Shall select the three highest monthly attendance quotients for each category of pupils, as established by subsection 1 or pursuant to paragraph (b) of this subsection, in each school.
3. The state board of education shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of the state which is consistent with:
(a) The maintenance of an acceptable standard of instruction;
(b) The conditions prevailing in such school district with respect to the number and distribution of pupils in each grade; and
(c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.
If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, the state board of education shall reduce the average daily attendance for apportionment purposes by the percentage which the number of pupils attending such classes is of the total number of pupils in the district, and may withhold the quarterly apportionment entirely.
________
Assembly Bill No. 319Committee on Ways and Means
CHAPTER 218
AN ACT relating to public assistance; limiting annual average grants for eligible individuals under the aid to dependent children, aid to the blind and old-age assistance programs and limiting expenditures for eligible recipients on withdrawal of federal matching funds; providing for the promulgation of rules and regulations by the welfare division of the department of health, welfare and rehabilitation; and providing other matters properly relating thereto.
[Approved April 8, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 425.100 is hereby amended to read as follows:
425.100 1. If, after investigation, the child is determined to be eligible, the welfare division shall determine the amount of assistance, and assistance shall be furnished the child without delay. Written notice of the decision and of the applicants right of appeal therefrom shall be mailed promptly to the applicant.
2. The amount of assistance granted for any dependent child shall be determined [by the welfare division with due regard to the resources and necessary expenditures of the family and the conditions existing in each case and in accordance with the rules and regulations made by the welfare division, and shall be sufficient, when added to all other income and support available to the child, to provide the child with a reasonable subsistence compatible with decency and health.
κ1971 Statutes of Nevada, Page 290 (CHAPTER 218, AB 319)κ
division, and shall be sufficient, when added to all other income and support available to the child, to provide the child with a reasonable subsistence compatible with decency and health. Taking into account all other available income and resources, the amount of income reasonably necessary for an eligible adult relative or relatives providing care for a dependent child is hereby determined and designated as not less than $30 a month; for the first child, not less than $30 a month, and for each additional child, not less than $21 a month.] in accordance with the rules and regulations made by the welfare division. At no time shall the annual average grant for eligible individuals covered by the program exceed the average grant amount authorized by the legislature. Should federal matching funds be withdrawn from the program at any time, for any reason, the expenditures for all eligible recipients currently covered by the program shall not exceed the State of Nevadas share of the average grant as authorized by the legislature.
Sec. 2. NRS 426.420 is hereby amended to read as follows:
426.420 1. If the welfare division of the department of health, welfare and rehabilitation is satisfied that the applicant is entitled to aid under the provisions of NRS 426.010 to 426.500, inclusive, it shall, without delay, issue an order therefor.
2. [The individual needs of each person claiming aid to the blind shall be presumed and deemed to be not less than $100 per month. The amount of aid to which any claimant shall be entitled shall be, when added to the income (including the value of currently used resources, but excepting casual income and inconsequential resources) of the claimant from all other sources, $100 per month. If, however, in any case it is found by the welfare division that, after taking into account all other available income and resources, the $100 a month is insufficient to provide the claimant with a reasonable subsistence compatible with decency and health, such claimant is entitled to receive aid in an amount which has been determined by the welfare division to be necessary to provide the claimant with such subsistence.] The amount of assistance granted for any aid to the blind recipient shall be determined in accordance with the rules and regulations made by the welfare division. At no time shall the annual average grant for eligible individuals covered by the program exceed the average grant amount authorized by the legislature. Should federal matching funds be withdrawn from the program at any time, for any reason, the expenditures for all eligible recipients currently covered by the program shall not exceed the State of Nevadas share of the average grant as authorized by the legislature.
3. The aid granted under NRS 426.010 to 426.500, inclusive, shall be paid monthly, in advance, out of such funds as may be provided for that purpose.
Sec. 3. NRS 427.110 is hereby amended to read as follows:
427.110 [1. The amount of the old-age assistance which any person shall receive under the provisions of this chapter shall be determined with due regard to the resources and necessary expenditures of the individual and the conditions existing in each case, and shall, in any event, be sufficient, when added to all other income and support of the recipient, to provide such person with a reasonable subsistence compatible with decency and his needs and health.
κ1971 Statutes of Nevada, Page 291 (CHAPTER 218, AB 319)κ
2. The amount of income reasonably necessary to support each needy aged person requiring assistance, pursuant to the provisions of this chapter, including all income not excluded by law or regulation, is hereby determined and designated as not less than $40 per month and, in determining the amount of assistance for each such person, the state board shall fix the amount of such assistance at such a sum as, when added to income from every source, shall equal the sum of not less than $40 per month.] The amount of assistance for any old-age assistance recipient shall be determined in accordance with the rules and regulations made by the welfare division. At no time shall the annual average grant for eligible individuals covered by the program exceed the average grant amount authorized by the legislature. Should federal matching funds be withdrawn from the program at any time, for any reason, the expenditures for all eligible recipients currently covered by the program shall not exceed the State of Nevadas share of the average grant as authorized by the legislature.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 150Committee on Finance
CHAPTER 219
AN ACT making appropriations from the general fund and the state highway fund in the state treasury to the stale claims fund account, the contingency fund account and the emergency fund account.
[Approved April 8, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. There is hereby appropriated from the general fund in the state treasury the sum of $21,019 to the stale claims fund account created pursuant to NRS 353.097.
2. There is hereby appropriated to the statutory contingency fund account created pursuant to NRS 353.266:
(a) From the general fund in the state treasury the sum of $150,612.
(b) From the state highway fund in the state treasury the sum of $2,962.
3. There is hereby appropriated from the general fund in the state treasury the sum of $27,603 to the emergency fund account created pursuant to NRS 353.263.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 292κ
Assembly Bill No. 504Messrs. Olsen, Branch, Dreyer and Schofield
CHAPTER 220
AN ACT relating to juvenile courts; authorizing the court to hold stepparents in contempt; abolishing the administrative duties of the probation committee; and providing other matters properly relating thereto.
[Approved April 8, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The stepparents of any child subject to the provisions of this chapter shall be subject to the same court orders as the natural parents of such child under the provisions of this chapter.
Sec. 2. NRS 62.100 is hereby amended to read as follows:
62.100 1. The judge or judges of the court in each judicial district which does not include a 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, shall, when facilities for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children have been established within that district, and may at any other time in their discretion, by an order entered in the minutes of the court, appoint five representative citizens of good moral character to be known as the probation committee, and the judge or judges shall fill all vacancies occurring in such committee within 30 days after the occurrence of the vacancy. The clerk of the court shall immediately notify each person appointed to the committee. The person appointed shall appear before the appointing judge or judges within 10 days after notification, which shall specify the time in which to appear, and shall qualify by taking an oath, which shall be entered in the records, faithfully to perform the duties of a member of the committee. The members of the committee shall hold office for 3 years, provided that of those first appointed, 1 shall be appointed for a term of 1 year, 2 for terms of 2 years, and 2 for terms of 3 years. Thereafter, all appointments shall be for a term of 3 years. Appointment to vacancies occurring other than by expiration of the term of office shall be filled for the remainder of that term. Members of the probation committee shall serve without compensation and shall choose from among their members a chairman and secretary. Any member of the probation committee may be removed for cause at any time by the judge or judges.
2. The duties of the probation committee shall be the following:
(a) The paramount duty of the probation committee is to advise the court, at its request.
(b) The probation committee shall advise with the judge and probation officer on matters having to do with the control and management of any facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children now or hereafter established by boards of county commissioners.
κ1971 Statutes of Nevada, Page 293 (CHAPTER 220, AB 504)κ
[(b)] (c) Upon the request of the judge or judges, the probation committee shall investigate and report in writing concerning the facilities, resources and management of all individuals, societies, associations, organizations, agencies and corporations (except state institutions or agencies) applying for or receiving children under this chapter. The committee shall also have the power to initiate an investigation thereof if it deems such investigation proper or necessary, and must thereafter report its findings, conclusions and recommendations to the judge or judges.
[(c)] (d) The probation committee shall prepare an annual report of its activities, investigations, findings and recommendations in connection therewith. The reports shall be submitted to the court and filed as public documents with the clerk of the court.
[(d)] (e) The judge or judges shall, in cooperation with the probation committee, set up policies and procedures, establish standards for the proper performance of duties and responsibilities of probation officers and all employees of any detention home or other commitment facilities administered or financed by the county, except as hereinafter provided.
[(e)] (f) The probation committee shall provide for the giving of competitive examinations for the selection of persons suitable for appointment as probation officers and employees of any detention home or other commitment facilities administered or financed by the county. The examinations shall have reference to the necessary ability, education and special aptitudes for the work to which they are to be assigned.
[(f)] (g) The probation committee shall [approve or disapprove] advise and recommend the appointment of such employees as it deems necessary for the operation and management of the detention home or other commitment facilities administered or financed by the county. Any employees are subject to discharge by the judge or judges.
[(g)] (h) The probation committee may, upon the majority vote of its members, recommend the removal or discharge of any probation officer.
Sec. 3. NRS 62.105 is hereby amended to read as follows:
62.105 1. The judge or judges of the court in each district which includes a 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 shall, by an order entered in the minutes of the court, appoint five representative citizens of good moral character to be known as the probation committee, and the judge or judges shall fill all vacancies occurring in such committee within 30 days after the occurrence of the vacancy. The clerk of the court shall immediately notify each person appointed to the committee. The person appointed shall appear before the appointing judge or judges within 10 days after notification, which shall specify the time in which to appear, and shall qualify by taking an oath, which shall be entered in the records, faithfully to perform the duties of a member of the committee. The members of the committee shall hold office for 3 years, provided that of those first appointed, 1 shall be appointed for a term of 1 year, 2 for terms of 2 years, and 2 for terms of 3 years. Thereafter, all appointments shall be for a term of 3 years. Appointment to vacancies occurring other than by expiration of the term of office shall be filled for the remainder of that term.
κ1971 Statutes of Nevada, Page 294 (CHAPTER 220, AB 504)κ
expiration of the term of office shall be filled for the remainder of that term. Members of the probation committee shall serve without compensation and shall choose from among their members a chairman and secretary. Any member of the probation committee may be removed for cause at any time by the judge or judges.
2. The duties of the probation committee shall be the following:
(a) The paramount duty of the probation committee is to advise the court, at its request.
(b) The probation committee shall advise with the director of juvenile services and probation officer on matters having to do with the control and management of any facility for the temporary detention of children or other commitment facilities administered or financed by the county for the detention of children now or hereafter established by boards of county commissioners.
[(b)] (c) Upon the request of the director of juvenile services, the probation committee shall investigate and report in writing concerning the facilities, resources and management of all individuals, societies, associations, organizations, agencies and corporations (except state institutions or agencies) applying for or receiving children under this chapter. The committee shall also have the power to initiate an investigation thereof if it deems such investigation proper or necessary, and must thereafter report its findings, conclusions and recommendations to the director of juvenile services.
[(c)] (d) The probation committee shall prepare an annual report of its activities, investigations, findings and recommendations in connection therewith. The reports shall be submitted to the court and filed as public documents with the clerk of the court.
[(d)] (e) The director shall, in cooperation with the probation committee, set up policies and procedures, establish standards for the proper performance of duties and responsibilities of probation officers and all employees of any detention home or other commitment facilities administered or financed by the county, except as hereinafter provided.
[(e)] (f) The probation committee shall provide for the giving of competitive examinations for the selection of persons suitable for appointment as probation officers and employees of any detention home or other commitment facilities administered or financed by the county. The examinations shall have reference to the necessary ability, education and special aptitudes for the work to which they are to be assigned.
[(f)] (g) The probation committee shall [approve or disapprove] advise and recommend the appointment of such employees as it deems necessary for the operation and management of the detention home or other commitment facilities administered or financed by the county. Any employees are subject to discharge by the director of juvenile services.
[(g)] (h) The probation committee may, upon the majority vote of its members, remove or discharge any probation officer.
Sec. 4. NRS 62.115 is hereby amended to read as follows:
62.115 1. The director of juvenile services shall appoint one or more probation officers and such other employees as may be required to carry on the work of the probation department and detention home. If more than one probation officer is appointed, one of them shall be designated as chief probation officer.
κ1971 Statutes of Nevada, Page 295 (CHAPTER 220, AB 504)κ
chief probation officer. All probation officers and detention personnel shall be appointed from lists of eligible persons established through competitive examinations conducted by the probation committee. Probation officers and employees may be removed, discharged or reduced in position only for cause after having been given the reasons therefor in writing and being afforded an opportunity to be heard before the director of juvenile services in answer thereto.
2. Whenever the director of juvenile services serves two or more counties, probation officers may be appointed to serve the counties jointly, and the salaries and expenses of the probation officers shall be allocated between the counties by the director of juvenile services.
3. The salaries of the probation officers, detention home personnel and other employees shall be fixed by the director of juvenile services with the advice of the probation committee, approval of the juvenile court judge or judges, and consent of the board or boards of county commissioners.
Sec. 5. NRS 62.123 is hereby amended to read as follows:
62.123 1. The judge or judges of each judicial district which includes a county having a population of 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, shall appoint a director of juvenile services directly responsible to the court to coordinate the services of and serve as liaison between the court and all agencies in the judicial district dealing with juveniles, including, but not limited to, the welfare division of the department of health, welfare and rehabilitation, the public schools of the judicial district, all law enforcement agencies of the judicial district, the probation committee, and detention home or facilities of the judicial district. The director of juvenile services shall serve as administrative officer of the juvenile court and shall relieve the judge or judges of all administrative duties in connection therewith.
2. The director of juvenile services shall be appointed [with the consent of the board or boards of county commissioners of the county or counties served by the judicial district from a list of candidates provided to the board or boards by the probation committee.] by the juvenile court judge or judges from a list of candidates provided by the probation committee.
3. The director of juvenile services shall serve at the pleasure of the court and be subject to removal or discharge only after having been given reasons therefor, in writing, and after having been afforded an opportunity to be heard before the judge to answer thereto.
4. The director of juvenile services shall have such staff of employees to assist in the performance of his duties as the [probation committee finds necessary.] board or boards of county commissioners find necessary, when recommended by the probation committee and approved by the juvenile court judge or judges.
5. The salaries of the director of juvenile services and his staff of employees shall be fixed by the board or boards of county commissioners of the county or counties served by the judicial district.
________
κ1971 Statutes of Nevada, Page 296κ
Senate Bill No. 306Committee on Federal, State and Local Governments
CHAPTER 221
AN ACT relating to cities incorporated under general law; making various amendments concerning the powers and government of such cities; and providing other matters properly relating thereto.
[Approved April 8, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 266 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. 1. All courts of this state shall take judicial notice in all civil or criminal actions of:
(a) The change in class and organization of any city.
(b) All ordinances, rules, resolutions or other regulations of the city council.
2. In all such actions, it shall not be necessary to plead the contents of any order, ordinance, rule, resolution or other regulation, but may be proved prima facie by the introduction of the original entry or a copy thereof certified by the clerk.
Sec. 3. 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. 4. 1. 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.
2. Any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the city whenever such offense is committed within the city.
Sec. 5. 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. 6. The city council may, by any lawful means, acquire, control, maintain, enlarge or abolish cemeteries.
Sec. 7. 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. 8. NRS 266.030 is hereby amended to read as follows:
κ1971 Statutes of Nevada, Page 297 (CHAPTER 221, SB 306)κ
266.030 1. The commissioners, after making their report to the district court, shall file in the office of the clerk of such [city or town:] court:
(a) The ballots used at the election.
(b) A copy of the notice with the proper proof of its publication.
[(c) A certified copy of all papers and record entries relating to the incorporation of such city or town, or to the election, on file in the clerks office of the district court.
2. Thereupon]
2. The commissioners shall then declare the city ready to be organized. The officers so elected shall organize under the provisions of this chapter, of which organization notice shall be taken in all judicial proceedings.
3. After the city is so organized, notice shall thenceforth be taken in all judicial proceedings and the mayor shall notify the clerk of the court, who shall then deliver to the city clerk a certified copy of all papers and record entries relating to the incorporation of such city or town, or to the election, on file in such clerks office.
Sec. 9. NRS 266.045 is hereby amended to read as follows:
266.045 Whenever the inhabitants of any territory become incorporated under this chapter, the officers [first elected shall give bonds as mentioned in NRS 266.420,] required by NRS 266.420 to give bonds shall do so in the penal sum of not less than $500, such bonds to remain in force until the passage of ordinances or resolutions by the city council providing for the giving of bonds by such officers.
Sec. 10. NRS 266.050 is hereby amended to read as follows:
266.050 Any city now or hereafter organized under a special charter may surrender such charter and become organized under this chapter in the following manner:
1. Whenever a petition signed by 15 percent of the qualified electors of the city, as the same appears from the registration list of qualified electors at the last preceding municipal election for city officers, shall be presented to the legislative body of such city, praying that such special charter may be surrendered, and that such city shall become organized under the provisions of this chapter, the city council shall submit such question at a special election and appoint a time and place or places at which such vote may be taken.
2. Notice of the special election shall be given and such special election shall be held and conducted in all respects as nearly as may be as provided in this chapter for the holding of other special municipal elections.
3. If a majority of the votes cast at such special election shall be for city organization under this chapter, such city shall [thenceforth] from the date the results of the election are declared be deemed to have surrendered its charter and to be organized under this chapter.
Sec. 11. NRS 266.105 is hereby amended to read as follows:
266.105 1. The city council shall have the power to make and pass all ordinances, resolutions and orders, not repugnant to the Constitutions of the United States or of the State of Nevada or to the provisions of this chapter, necessary for the municipal government and the management of the city affairs, for the execution of all powers vested in the city, and for making effective the provisions of this chapter.
κ1971 Statutes of Nevada, Page 298 (CHAPTER 221, SB 306)κ
the city affairs, for the execution of all powers vested in the city, and for making effective the provisions of this chapter.
2. The city council shall have power to enforce obedience to such ordinances with such fines or penalties as the city council may deem proper, but the punishment of any offense shall be [by a fine in any sum less than $300, or by imprisonment not to exceed 6 months, or by both fine and imprisonment.] as provided by law for a misdemeanor.
Sec. 12. NRS 266.110 is hereby amended to read as follows:
266.110 1. No ordinance shall be passed except by bill, and when any ordinance is amended, the section or sections thereof shall be reenacted as amended. [, and no ordinance shall be revised or amended by reference only to its title.]
2. Every ordinance, except those revising the city ordinances, shall embrace but one subject and matters necessarily connected therewith and pertaining thereto; and the subject shall be clearly indicated in the title, and in all cases where the subject of the ordinance is not so expressed in the title, the ordinance shall be void as to the matter not expressed in the title.
Sec. 13. NRS 266.115 is hereby amended to read as follows:
266.115 1. The style of ordinances shall be as follows: The City Council of the City of .............................. do ordain. All proposed ordinances, when first proposed, shall be read by title to the city council and may be referred to a committee of any number of the members of the council for consideration, after which at least one copy of the ordinance shall be filed with the city clerk for public examination. Notice of such filing shall be published once in a newspaper published in the city, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, at least 1 week prior to the adoption of the ordinance. The city council shall adopt or reject the ordinance, or the ordinance as amended, within 30 days from the date of such publication, except that in cases of emergency, by unanimous consent of the whole council, final action may be taken immediately or at a special meeting called for that purpose.
2. At the next regular or adjourned meeting of the council following the proposal of an ordinance and its reference to committee, the committee shall report the ordinance back to the council, and thereafter it shall be read in full as first introduced, or if amended, as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed.
3. After final adoption the ordinance shall be signed by the mayor, and, together with the votes cast thereon, shall be published once in a newspaper published in the city, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city. Twenty days after such publication the same shall go into effect, except emergency ordinances which may be effective immediately.
[4. In all prosecutions for the violation of any of the provisions of any city ordinance, rule, resolution, or other regulation of the city council, whether in a court of original jurisdiction or in any appellate court, it shall not be necessary to plead the contents of the same, but the court before which the proceedings may be pending shall take judicial notice of such ordinance, rule, resolution, or other regulation, and of the contents thereof.
κ1971 Statutes of Nevada, Page 299 (CHAPTER 221, SB 306)κ
thereof. In all civil actions it shall not be necessary to plead the contents of any ordinance, rule, resolution, or other regulation of the city council, but the same may be pleaded by title, and may be proved prima facie by the introduction of the original entry thereof on the records of the city council, or a copy thereof certified by the city clerk to be a full, true and correct copy of the original entry, or by the introduction of a printed copy published or purported to have been published by authority of the city council.]
Sec. 14. NRS 266.265 is hereby amended to read as follows:
266.265 1. The city council [shall have the following power:] may:
[1. To control]
(a) Control the property of the corporation.
[2. To erect]
(b) Erect and maintain all needful buildings for the use of the city.
[3. To purchase,]
(c) Purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries; [to] improve and protect such property, and [to] do all other things in relation thereto which natural persons might do. [; but the council shall not have power to mortgage, hypothecate or pledge any property of the city for any purpose.
4. To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders, subject to such conditions as are imposed by law, and with the consent of the board of county commissioners.
5. To establish markets and market houses, and to provide for the regulation and use thereof.]
2. The city council may not, except as specifically provided by another law, mortgage, hypothecate or pledge any property of the city for any purpose.
Sec. 15. NRS 266.270 is hereby amended to read as follows:
266.270 The city council [shall have the power to] may condemn property for public uses [.] in the manner prescribed by chapter 37 of NRS, as amended from time to time.
Sec. 16. NRS 266.275 is hereby amended to read as follows:
266.275 The city council [shall have the power:
1. To lay out, establish, open, alter, widen, extend, grade, pave or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.
2. To plant or direct and regulate the planting of ornamental shade trees in, along and upon streets, avenues, sidewalks, parks and public grounds.
3. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds, and to prevent and remove obstructions and encroachments upon the same.
4. To provide for and regulate crosswalks, curbs and gutters.
5. To name streets, avenues or other public places, and to change the names thereof.
κ1971 Statutes of Nevada, Page 300 (CHAPTER 221, SB 306)κ
6. To provide for and regulate the numbering of houses and lots.
7. To regulate or prohibit traffic and sales upon the streets and sidewalks and in public places.
8. To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalks in front of or along the same free from snow and other obstructions.
9. To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage or any offensive matter in, and to prevent injury or obstruction to, any street, avenue, alley, park or public ground.
10. To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds for signs, signposts, awnings, poles for the support of wires or cables, or for posting handbills or advertisements.
11. To regulate or prevent the flying of flags, banners or signs across the street or from buildings.
12. To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds or upon the sidewalks.
13. To regulate the speed of horses and other animals, bicycles, automobiles and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prevent horse racing, immoderate driving or riding in the streets, alleys, avenues and public places.
14. To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues and public places.
15. To prevent or regulate the playing of ball, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks.
16. To prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.
17. To regulate or prohibit public demonstrations and processions.
18. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
19. To provide for the lighting, sprinkling and cleansing of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
20. To regulate the opening and use of streets, alleys, sidewalks and crosswalks for the laying of conduits, gas or water mains or pipes, and the building and repairing of sewers, tunnels and drains.] 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.
κ1971 Statutes of Nevada, Page 301 (CHAPTER 221, SB 306)κ
5. Prevent riots or any act tending to promote riots in any public place.
Sec. 17. NRS 266.280 is hereby amended to read as follows:
266.280 1. The city council [shall have the power to] may acquire, install, maintain, operate and regulate parking meters at the curbs of the city 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.
2. The city council [shall have the power to] may 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, as amended from time to time, and a majority of the 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 on street parking revenues, the general credit of the city, or both, to secure the payment of the principal thereof and interest thereon.
Sec. 18. NRS 266.285 is hereby amended to read as follows:
266.285 The city council [shall have the power:
1. To provide for the lighting of streets, laying down of gas pipes and erecting of lampposts.
2. To regulate the use of gas, natural gas and electric and other lights and electric power, and to regulate the inspection thereof.
3. To construct and maintain waterworks, gasworks, electric light works, street railways or bathhouses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of such works from any person or corporation.
4. To construct or authorize the construction of waterworks without the city limits for the supply of the city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, the jurisdiction of the city council shall extend over the territory occupied by such works, and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same, and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
5. To regulate and control the water and watercourses, ditches and flumes within or leading to the city, and to regulate and control mill privileges within the city.
6. To construct, purchase, lease and maintain canals, ditches, flumes, artesian wells and reservoirs; and to purchase or lease springs, streams or sources of water supply for the purpose of providing water for irrigation, domestic or other public purposes; and to prevent all waste of water flowing from artesian wells; and, if necessary to secure the sources of water supply, to purchase or lease the land from or upon which the water has been appropriated or applied.
7. To purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for the city and the inhabitants thereof.
κ1971 Statutes of Nevada, Page 302 (CHAPTER 221, SB 306)κ
water companies for the purpose of providing water for the city and the inhabitants thereof.
8. To fix the rate to be paid for the use of water furnished by the city.] 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 utility.
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 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. 19. NRS 266.290 is hereby amended to read as follows:
266.290 1. The city council [shall have the power to] may acquire or establish any public utility [only] in the manner provided in this section.
2. The council shall enact an ordinance which shall set forth fully and in detail:
(a) The public utility proposed to be acquired or established.
(b) The estimated cost thereof, as shown by the report approved by the council and mayor, of an engineer or body theretofore appointed by the council for that purpose.
(c) The proposed bonded indebtedness to be incurred therefor, and the terms, amount, rate of interest and time within which redeemable and on what fund.
3. Such ordinance shall be published in full at least once a week for 4 successive weeks in some newspaper of general circulation published in the city.
4. At the first regular meeting of the council, or any adjournment thereof, after the completion of the publication, the council may proceed to enact an ordinance for such purpose which shall conform in all respects to the terms and conditions of the previously published ordinance, unless a petition shall be presented to it, signed by not less than 15 percent of the qualified electors of the city, as shown by the last preceding registration list, and representing not less than 10 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll, praying for a special election in the city upon the question of whether or not the proposed ordinance shall be passed. Thereupon, no such proposed ordinance shall be enacted or be valid or effective for any purpose whatsoever, unless at a special election called and held for the purpose a majority of the votes cast are for the ordinance.
Sec. 20. NRS 266.295 is hereby amended to read as follows:
266.295 The city council [shall have the power:
κ1971 Statutes of Nevada, Page 303 (CHAPTER 221, SB 306)κ
1. To permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad or tramway in any street, avenue, alley or public place.
2. To declare a nuisance and to take up and remove, or to cause to be taken up and removed, the tracks of any railway which shall have been laid upon, in, along, through or across any of the streets, alleys, avenues or public places of the city and which shall not have been operated with cars for public use for a period of 1 year after the laying thereof.
3. To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossings of streets, alleys, avenues and public places, and to keep the same in repair within the limits of the city.
4. To require railroad companies to provide protection against injury to persons or property.
5. To compel railroad companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that tracks may be crossed at any place on any street, alley or avenue.
6. To compel railroad companies to make and keep open and to keep in repair ditches, drains, sewers and culverts along and under their railroad tracks so that the natural or artificial drainage of adjacent property shall not be impaired.
7. To prescribe the length of time any street may be obstructed by trains beng made or cars standing thereon.] 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.
3. Declare a nuisance and take up and remove, or cause to be taken up and removed, the tracks of any railway which have been laid upon, in, along, through or across any of the streets, alleys, avenues or public places of the city and which have not been operated with cars for public use for a period of 1 year after the laying thereof.
4. Subject to the provisions of NRS 704.300, condemn rights-of-way for any public purpose across any railroad right-of-way.
5. Prescribe the length of time any public right-of-way may be obstructed by trains standing thereon.
6. Require railroad companies to fence their tracks and to construct cattle guards and crossings and to keep them in repair.
7. Require railroad companies to provide protection against injury to persons or property.
8. Compel railroad companies to raise or lower their tracks to conform to any grade established by the city, so that tracks may be crossed at any place on any street, alley or avenue.
9. Compel railroad companies to provide that drainage from property adjacent to their tracks not be impaired.
Sec. 21. NRS 266.310 is hereby amended to read as follows:
266.310 The city council [shall have the power:
1. To purchase, construct, lease, rent, manage and maintain any system or part of any system of waterworks, hydrants and supplies of water, telegraphic fire signals or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
κ1971 Statutes of Nevada, Page 304 (CHAPTER 221, SB 306)κ
management and control of the property so leased, purchased or constructed.
2. To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings and enclosures which may be in a dangerous state to be put in a safe condition or removed.
3. To prescribe the manner of constructing stone, brick and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fire, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens or other appliances therein.
4. To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in a safe condition.
5. To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
6. To regulate and prohibit the keeping of any lumberyard, and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.
7. To regulate and prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables and other places, and the building of bonfires.
8. Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets and other appurtenances; and to organize fire engine and hook and ladder companies and to prescribe rules, duties and government therein, with such penalty as the council may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
9. To regulate and prevent the discharge of rockets, powder, fireworks or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings.] may:
1. Organize, regulate and maintain a fire department.
2. Prescribe the duties of the fire chief.
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. 22. NRS 266.325 is hereby amended to read as follows:
266.325 The city council [shall have the power:
1. To fix, impose and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which the tax shall not be paid.
2. To prohibit cruelty to animals.
κ1971 Statutes of Nevada, Page 305 (CHAPTER 221, SB 306)κ
3. To regulate or prohibit the running at large within the limits of the city of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound and appoint a poundkeeper, and prescribe his duties, and to distrain and impound animals running at large, and to provide for the sale of the same in the same manner provided by laws of the state for sale of estrays and trespassing animals. The proceeds arising from the sale of such animals, after the payment of all costs, shall go into the city treasury to be disposed of according to law.
4. To prohibit and suppress all dogfights, cockfights, bullfights, and bear, bull or badger baits.] 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. 23. NRS 266.330 is hereby amended to read as follows:
266.330 The city council [shall have the power:
1. To create a board of health and prescribe the powers and duties of the same.
2. To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporate limits and within 12 miles thereof.
3. To regulate the construction, repair and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing.
4. To regulate or prohibit the use, erection or maintenance of any open closet, privy or cesspool within a distance of 200 feet from a public sewer, and the further power to compel the connection with a public sewer of all water closets, bathtubs, sinks, basins and other fixtures or receptacles used or intended to receive waste liquids or solids in solution, if situated within a distance of 200 feet therefrom, provided that the public sewer is laid to the end or side of the land or lot on which any open closet, privy or cesspool is located.
5. To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same, and over any cemetery used by the inhabitants of such city; and to survey, plat, map, fence, ornament and otherwise improve all public burial and cemetery grounds; and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and governing of such grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein, and to provide for the removal therefrom of all bodies which may have been interred therein.
6. To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and others for default therein.] may:
1. Provide for safeguarding public health in the city.
κ1971 Statutes of Nevada, Page 306 (CHAPTER 221, SB 306)κ
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. 24. NRS 266.335 is hereby amended to read as follows:
266.335 The city council [shall have the power:
1. To declare what shall be a nuisance and to abate the same, and to impose fines upon persons who may create, continue or suffer nuisances to exist.
2. To compel the owner of any pigsty, privy, barn, corral, sewer or other unwholesome or nauseous house or place to cleanse, abate or remove the same, and to regulate the location thereof.
3. To require by ordinance the owners of real property to remove therefrom insecure or unsafe buildings, walls, chimneys, stacks or other structures, also all filth, garbage, offal, ashes, shavings, weeds, grass, leaves, manure, papers, boards, partially burned structures, debris resulting from fires, and all nauseous, inflammable and unhealthful matter, to fill unenclosed or dangerous excavations, and to drain all cesspools and standing water, within such times as may be provided in such ordinance. In the event of the failure of any property owner to comply with the provisions of such ordinance, the city may perform or cause to be performed the work required by the ordinance, at the expense of such owner, and the city shall have a lien therefor upon the property chargeable therewith until paid, and, if the city council shall so direct, the assessor shall levy the cost of such work as fixed by the city council as a tax against such property and the same shall be included in the next assessment roll thereafter made and be enforced and collected in the same manner and at the same time as other taxes. The city council may, however, foreclose such lien by appropriate legal proceedings, or may collect the cost of such work from the owner of the property or other person or persons liable therefor through a civil action, or may pursue any other remedy authorized by law or the ordinances of the city.] 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.
κ1971 Statutes of Nevada, Page 307 (CHAPTER 221, SB 306)κ
Sec. 25. NRS 266.355 is hereby amended to read as follows:
266.355 1. [The] Except as provided in subsection 3, the city council [shall have the power to fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in whole or part within the city, including:
(a) Hotels, lodginghouses accommodating four or more lodgers, and taverns.
(b) Cafes, chophouses, eating houses, lunch counters and restaurants.
(c) Bakeries, butcher shops, cold storage plants, delicatessens, flour mills, grocers, ice peddlers, manufacturers of soda water or other or any soft drinks, and slaughterhouses.
(d) Boot stores, cobblers, dressmaking establishments, milliners, shoe shops and stores, tailors and tailor shops.
(e) Bicycle shops, blacksmith shops, brickyards, car shops, contracting mechanics, contractors, builders, electric supply houses, foundries, garages, ironworks, machine shops, manufacturers, oil refineries, oil wells or tanks, paint or oil stores, planing mills, plumbing shops, pressed brick yards, repair shops, sash and door factories, soap factories, tanneries, tinkers, and tin shops when separate from hardware stores.
(f) Barbershops, cigar stores, confectionery stores, drugstores, dry goods stores of every, any and all kinds, furniture stores, gun stores, gunsmith shops, glass and crockery stores, jewelry stores, notions and notion stores, pipe and tobacco stores, secondhand stores, sporting, hunting and fishing tackle stores, and stationery stores.
(g) Bootblacks and bootblack stands, fruit stands, lemonade stands, newspaper stands, peanut stands, popcorn stands, refreshment or coffee stands, tamale stands or shops, and booths and sheds.
(h) Patent medicine agencies, sewing machine agents, and agencies of any and all kinds.
(i) Advertising by billboards, placards and the like, coal dealers, collection agencies and collectors, cycleries, daily, weekly, semiweekly, monthly and semimonthly newspapers or publications, marble or stone dealers, messenger service establishments, or purchasers or brokers, sampling works, warehouses, and wood and fuel dealers.
(j) Abstract of title companies or persons furnishing abstracts of title, bankers, brokers of any, every and all kinds, building and loan companies and agents and solicitors for the same.
(k) Insurance agents who solicit, negotiate or effect contracts of insurance in any of the classifications listed in chapter 681 of NRS, but only for revenue purposes and only if the principal place of business of such agents is located within the city.
(l) Auctioneers, job printers, photographers, real estate agents, real estate solicitors, stockbrokers, undertakers, and upholsterers.
(m) Cabs, drays, express wagons, hackney coaches, hacks, job wagons, omnibuses and other public vehicles, and to require schedules of charges to be posted in and upon such public vehicles.
(n) Carpet cleaners, cloth cleaning and dyeing establishments, laundries, and steam renovating works.
(o) Electric light companies, express companies, power companies, street railway companies operating in whole or in part within the city, telegraph companies, telephone companies, and water companies.
κ1971 Statutes of Nevada, Page 308 (CHAPTER 221, SB 306)κ
street railway companies operating in whole or in part within the city, telegraph companies, telephone companies, and water companies.
(p) Cattle or horse corrals, horseshoeing shops, livery stables, saddle or harness makers or shops, sale stables, wagonmakers, and wheelwrights.
(q) Billiard tables, bowling alleys, circuses, melodeon performances, pool tables, resorts for amusement of all kinds, shooting galleries, shows, table games played with cue and balls or other mechanical device, theaters, theatrical performances, all exhibitions and amusements, and performances of any, every and all kinds for which an admission fee is charged or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away.
(r) Barrooms, brewery agencies, brewing companies, manufacturers of beer, malt, spirituous or vinous liquors or other or any alcoholic beverages, saloons, and wholesale liquor houses.
(s) Games and gaming houses.
(t) Merchants of any, every and all kinds.
(u) Trades and traders of all kinds.
(v) All and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named.
2. In fixing licenses the council must make the same uniform as to each trade, calling, business, occupation or profession.] 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.
3. The city council may license insurance agents who solicit, negotiate or effect contracts of insurance in any of the classifications listed in chapter 681 of NRS, but only for revenue purposes and only if the principal place of business of such agents is located within the city.
Sec. 26. NRS 266.390 is hereby amended to read as follows:
266.390 The city council [shall have the power:] may:
1. [To create] Create any office that may be deemed necessary for the good government of the city.
2. [To provide] Provide for filling all vacancies in elective and appointive offices.
3. [To regulate] Regulate and prescribe the powers, duties and compensation of all officers of the city, except as otherwise provided by law.
4. [To require all municipal officers and agents, elected or appointed,] Require all officers or employees of the city responsible for the handling of city funds to give bond and security for the faithful performance of their duties.
5. [To require] Require from every officer of the city at any time a report in detail of all transactions in his office, or any matters connected therewith.
Sec. 27. NRS 266.395 is hereby amended to read as follows:
266.395 The mayor, by and with the advice and consent of the council, may appoint all such officers [and agents] as may be provided for by law or ordinance.
κ1971 Statutes of Nevada, Page 309 (CHAPTER 221, SB 306)κ
Sec. 28. NRS 266.420 is hereby amended to read as follows:
266.420 1. Every officer of any city, whether elected or appointed, shall, before he enters upon the duties of his office [:
(a) Take] take and subscribe to the constitutional oath of office.
[(b) Execute a bond with good and sufficient sureties, to be approved by the mayor,]
2. Every officer of any city who is responsible for the handling of city funds shall execute a bond payable to the city in such penal sum as may, by resolution or ordinance, be directed, conditioned for the faithful performance of the duties of his office, and the payment of all moneys received by such officer according to law and the ordinances of the city.
[2. The bond of the mayor shall be approved by the city council.]
3. The treasurers bond shall be fixed at a sum not less than the amount of the whole tax for the last preceding year.
Sec. 29. NRS 266.425 is hereby amended to read as follows:
266.425 1. All bonds given by the officers of any city shall be filed with the city clerk. [, except the bond of the city clerk, which shall be filed with the treasurer.]
2. The city council may at any time require further and additional bonds of all officers elected and appointed.
Sec. 30. NRS 266.430 is hereby amended to read as follows:
266.430 In case the mayor or any municipal officer [shall, at any time, willfully omit or neglect the performance of any duty, or willfully and corruptly be guilty of oppression, malconduct or misfeasance in office, he shall be liable to indictment, and on conviction thereof] is adjudged guilty of nonfeasance, misfeasance or malfeasance by any court of competent jurisdiction he shall be fined in a sum not exceeding $1,000. The court in which such conviction shall be had shall enter an order removing such officer from office; and the officer shall not be eligible to any municipal office thereafter.
Sec. 31. NRS 266.470 is hereby amended to read as follows:
266.470 The city attorney shall [:
1. Be] be the legal advisor of the council and all officers of the city in all matters respecting the affairs of the city [.
2. Act as the attorney for the city in any and all legal proceedings in any and all courts in which the city is a party or interested.
3. Prosecute in the proper courts for all offenses against the provisions of this chapter and the ordinances of the city.
4. Be present at all meetings of the council, draw all ordinances, orders, rules and resolutions required by the council.
5. Verify and file for record all claims of the city for liens for assessments imposed for street improvements which remain unpaid, and shall preserve, protect and enforce the rights of the city by prosecuting suits for the foreclosure of the same in the proper courts, and shall receive all moneys paid in by delinquents or otherwise realized in such proceedings, and shall, without delay, pay over all such moneys to the city clerk.
6. Perform such other and further] and shall perform such duties as may be required of him by the council or prescribed by ordinance.
Sec. 32. NRS 266.480 is hereby amended to read as follows:
266.480 The city clerk shall:
κ1971 Statutes of Nevada, Page 310 (CHAPTER 221, SB 306)κ
1. Keep his office at the place of meeting of the city council, or some other place convenient thereto, as the council may direct.
2. Keep the corporate seal and all papers and records of the city.
3. Keep a record of the proceedings of the city council, whose meetings he shall attend.
4. Countersign all contracts made in behalf of the city, and every such contract or contracts to which the city is a party shall be void unless signed by the city clerk.
5. Cause to be published quarterly in some newspaper published in the city a statement of the finances of the city, showing receipts and disbursements, and bills allowed and paid. The statement shall be signed by the mayor and attested by the city clerk. If there should be no newspaper published in the county, the financial statement shall be [posted by the city clerk at the door of the city hall.] published in a newspaper of general circulation in the county.
Sec. 33. NRS 266.490 is hereby amended to read as follows:
266.490 The city auditor, in cities having an auditor, [and in all other cases the city clerk, shall:
1. Draw and countersign all orders upon the treasurer in pursuance of any order or resolution of the city council, and keep a full and accurate account thereof in books provided for that purpose.
2. Make to the city council, from time to time, upon the order of the council, reports of the financial condition of the city.
3. Make and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action to the city council as shall secure the payment of the principal and interest of such bonds.
4. Report annually, on or before the 1st day of June, to the city council, an estimate of the expenses of the city and of the revenue necessary to be raised for the current year.
5. Keep regular books of account in which he shall enter all indebtedness of the city, and which shall at all times show the financial condition of the city, the amount of bonds, orders, certificates or other evidences of indebtedness issued by the city council, the amount of all bonds, orders, certificates or other evidences of indebtedness which have been redeemed, and the amount of each outstanding.
6. Keep accounts with all receiving and disbursing officers of the city, showing the amounts they have received from the different sources of revenue and the amounts which they have disbursed under the direction of the city council.
7. Examine all reports, books, papers, vouchers and accounts of the city treasurer.
8. Audit all claims and demands against the city before they are allowed by the city council.
9. Keep a record of claims presented and the action of the council thereon.
10. Keep a book properly indexed in which he shall enter all contracts, which book shall be open to the inspection of all persons interested.
11. Perform such other duties as the city council may provide by ordinance.] shall perform such duties as may be designated by ordinance.
κ1971 Statutes of Nevada, Page 311 (CHAPTER 221, SB 306)κ
Sec. 34. NRS 266.500 is hereby amended to read as follows:
266.500 The city treasurer shall [:
1. Receive all money belonging to the city, including all taxes, licenses and fines, and keep an accurate and detailed account thereof, in such a manner as provided in this chapter, or as the city council from time to time may direct by ordinance.
2. Collect special taxes and assessments as provided by law and ordinance.
3. Make a settlement with the city clerk or auditor as the council may direct, at the end of every month, and turn over all warrants, interest coupons, bonds or other evidences of the indebtedness of the city, which may have been redeemed by him during the month, taking the receipts of the city clerk or auditor therefor; and all such warrants, orders or other evidences of indebtedness shall be canceled by him, and have written or stamped thereon the date of their payment or redemption.
4. Pay no money out save upon lawful warrant, except on account of bonds and interest coupons, which when due may be paid upon presentation, or, in case the same are payable at some other place, then the money for their redemption shall be sent to the place where they are payable in time to meet such payment when due.] perform such duties as may be designated by ordinance.
Sec. 35. NRS 266.530 is hereby amended to read as follows:
266.530 1. There shall be a chief of police in each city. He shall be appointed by the mayor, subject to confirmation by the council.
2. The chief of police shall perform such duties as may be designated by ordinance.
Sec. 36. NRS 266.660 is hereby amended to read as follows:
266.660 The cost and expense of [a city hall and other buildings for the use of the city and its officers, engine houses and structures of the fire department, city jail, levees and embankments, and other capital improvements authorized by law, including the necessary land for such purposes,] buildings and land for the use of the city shall be paid for from the proper fund of the city, including without limitation proceeds of bonds authorized by law.
Sec. 37. NRS 266.195, 266.205, 266.210, 266.315, 266.320, 266.340, 266.345, 266.350, 266.360, 266.365, 266.370, 266.375, 266.380, 266.385, 266.485 and 266.535 are hereby repealed.
________
κ1971 Statutes of Nevada, Page 312κ
Assembly Bill No. 19Messrs. Getto, Howard and Dini
CHAPTER 222
AN ACT exempting from jury duty certain officers and members of paid and volunteer fire departments.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 6.020 is hereby amended to read as follows:
6.020 1. Upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no other, shall be exempt from service as grand or trial jurors:
(a) Any federal or state officer.
(b) Any judge, justice of the peace or attorney at law.
(c) Any county clerk, recorder, assessor, sheriff, deputy sheriff, constable, deputy constable or police officer.
(d) Any physician, dentist, graduate nurse or registered pharmacist.
(e) Any locomotive engineer, locomotive fireman, conductor, brakeman, switchman or engine foreman.
(f) Any mail carrier engaged in the actual carrying of the United States mail on a star route in a rural area.
(g) Any teacher, principal or superintendent actually engaged in teaching or in the supervision of teaching in the public schools of this state, and any member of the faculty of the University of Nevada System, shall be exempt from jury duty during the session of the public schools or university of this state in which he is employed. Nothing in this paragraph shall excuse or be construed to excuse any teacher, principal, superintendent or university faculty member from jury duty during school vacation, except when he is taking training in his professional work or in finishing his school reports and other matters incident thereto within 1 month of the day of the closing of the school in which he is employed, or in preparation for the opening of school during the 2 weeks immediately preceding the opening of school.
(h) Members and officers of paid and volunteer fire departments and members of exempt firemens associations, societies or organizations, as follows:
(1) One-half of all members of each regularly enrolled fire department in this state as specified by such department. This exemption shall not apply to any fire department having 50 or more regular paid personnel.
(2) Any member of a volunteer fire department, association, society or organization in this state.
This exemption shall not apply to more than 50 members as designated by such department, association, society or organization.
(i) Any officer or correctional officer employed by the Nevada state prison.
[(i)] (j) Any member or employee of the legislature or the legislative counsel bureau while the legislature is in session.
2. All persons of the age of 65 years or over are exempt from serving as grand or trial jurors. Whenever it shall appear to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 65 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.
κ1971 Statutes of Nevada, Page 313 (CHAPTER 222, AB 19)κ
court, by affidavit or otherwise, that a juror is over the age of 65 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 54Washoe-Storey Districts Delegation
CHAPTER 223
AN ACT relating to the superintendent of the Nevada state hospitals custody of criminal defendants; clarifying the superintendents responsibilities during pendency of trial or judgment; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 178.425 is hereby amended to read as follows:
178.425 1. If the court finds the defendant insane, the judge shall order the sheriff to convey him forthwith, together with a copy of the complaint, the commitment and the physicians certificate, if any, into the custody of the superintendent of the Nevada state hospital for detention and psychiatric treatment at the Nevada state prison or at the hospital. [until returned for trial or judgment as provided in NRS 178.450 to 178.465, inclusive,
2. Proceedings against the defendant must be suspended until he becomes sane.]
2. The defendant shall be held in such custody until returned for trial or judgment as provided in NRS 178.450 to 178.465, inclusive.
3. Proceedings against the defendant must be suspended until the sanity commission funds him capable of standing trial or opposing pronouncement of judgment as provided in NRS 178.460.
Sec. 2. NRS 433.120 is hereby amended to read as follows:
433.120 The superintendent shall be the executive and administrative head of the hospital, and as such shall have the following powers and duties:
1. To exercise general supervision of, and make and revise rules and regulations for, the government of the hospital.
2. To be responsible for and to supervise the fiscal affairs and responsibilities of the hospital.
3. To make reports to the administrator of the division, and to supply the administrator with material on which to base proposed legislation.
4. To keep the complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
5. To inform the public in regard to the activities and operation of the hospital.
6. To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of NRS 433.005 to 433.640, inclusive.
κ1971 Statutes of Nevada, Page 314 (CHAPTER 223, AB 54)κ
enforcement of his orders or the enforcement of the provisions of NRS 433.005 to 433.640, inclusive.
7. To cause to be kept a fair and full account of all medical affairs.
8. To perform neurological and psychiatric examinations of persons committed to the Nevada state prison, the Nevada state childrens home, the Nevada girls training center and the Nevada youth training center when requested by the superintendents or wardens of those institutions.
9. To keep, pursuant to the provisions of NRS 178.450 to 178.465, inclusive, all persons committed to his custody by order of court in a criminal proceeding.
10. To have standard medical histories currently maintained on all patients, and to administer the accepted and appropriate treatments to all patients under his care.
[10.] 11. To undertake any diagnostic, medical or surgical procedure in the interest of the patient, and to give the required consent to a surgical operation upon any incompetent on behalf of the patient, where there is no known kindred or other person with legal authority to give such consent. The decision to perform such surgical operation shall be arrived at only after consultation and approval of at least two other physicians and surgeons licensed to practice in this state.
[11.] 12. To submit a biennial report to the administrator of the division on the condition, operation and functioning of the hospital, and anticipated needs of the hospital.
[12.] 13. To cause to be surveyed all land known or presumed to belong to the State of Nevada for the use of the hospital, and to take all steps necessary to establish clear title thereto on behalf of the state.
[13.] 14. To lease, with the consent of the administrator of the division, all or any part of any land known or presumed to belong to the State of Nevada for the use of the hospital for such consideration and upon such terms as the superintendent and the administrator may deem to be in the best interests of the hospital and the State of Nevada. Any moneys received from any such lease shall be remitted by the superintendent to the state treasurer who shall deposit the same in the state treasury to the credit of the general fund.
________
Assembly Bill No. 72Committee on Commerce
CHAPTER 224
AN ACT requiring any assumption fee to be included in a deed of trust; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 107 of NRS is hereby amended by adding thereto a new section which shall read as follows:
If a party to a deed of trust, executed after July 1, 1971, desires to charge an assumption fee for a change in parties, the amount of such charge must be clearly set forth in the deed of trust at the time of execution.
κ1971 Statutes of Nevada, Page 315 (CHAPTER 224, AB 72)κ
charge an assumption fee for a change in parties, the amount of such charge must be clearly set forth in the deed of trust at the time of execution.
________
Assembly Bill No. 484Clark County Delegation
CHAPTER 225
AN ACT to amend an act entitled An Act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter I of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as amended, is hereby amended by adding thereto a new section designated section 1.9 which shall immediately follow section 1.8 of Chapter I and shall read as follows:
Section 1.9. The following-described parcels of real property are hereby annexed to and made a part of the city of Las Vegas:
1. The S1/2 of the SW1/4 of Section 3, T. 19 S., R. 60 E., M.D.B. & M.
2. The S1/2 of Section 4, T. 19 S., R. 60 E., M.D.B. & M.
3. The W1/2 of the NE1/4, and the NW1/4 of the SE1/4, and the N1/2 of the SW1/4, and the S1/2 of the NW1/4, and the East 75 feet of the N1/2 of the NW1/4, all in Section 9, T. 19 S., R. 60 E., M.D.B. & M.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 480Messrs. Olsen, Dreyer, Schofield, Frank Young and Lowman
CHAPTER 226
AN ACT relating to traffic laws; prohibiting the drinking of an intoxicating liquor by a person driving a moving motor vehicle; providing a penalty; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:
It is unlawful for any person to drink any intoxicating liquor in a motor vehicle while such person is driving such motor vehicle upon a highway.
________
κ1971 Statutes of Nevada, Page 316κ
Assembly Bill No. 467Washoe-Storey Districts Delegation
CHAPTER 227
AN ACT relating to outdoor advertisements; changes responsibility for issuing permits from the county clerk to the county building inspector, if one has been appointed; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 405.040 is hereby amended to read as follows:
405.040 1. It shall be unlawful for any person, firm, association or corporation, personally or by agent, to erect, place or maintain any billboard, sign or any form of notice or advertising outside the city limits of any city or town:
(a) On the public domain; or
(b) On land owned or leased by such advertiser or agent but not used as the site for manufacturing the goods or articles advertised; or
(c) On the lands of another except where, by painting, an area of the barns or other outbuildings thereon may be preserved (for the purposes of this paragraph area is defined as the entire wall or roof aspect on which an advertisement may be painted),
without first having secured from the county building inspector, if one has been appointed pursuant to NRS 278.570, or if not, from the county clerk of the county in which the sign may be located a permit to erect, or continue the use of, such sign, billboard or other form of notice or advertisement.
2. No permit for the erection of such sign, billboard or other form of advertisement shall be issued unless and until the applicant shall have paid a fee in the sum of $5. On the tender of the fee the county building inspector or county clerk shall issue the permit.
3. No fee shall be required for any billboard, sign or advertisement erected or placed by any farm bureau, chamber of commerce or lawful authority to advertise exclusively any city, town or geographic area, or public event.
4. This section shall not apply to the owner or occupant of any land outside the limits of any city, who may place or erect on the land or on the outbuildings thereon any sign or notice or advertisement intended to benefit the land or improvements thereon and advertise the business conducted in the buildings on the land.
Sec. 2. NRS 405.060 is hereby amended to read as follows:
405.060 On granting a permit the county building inspector or county clerk shall assign a permit number which shall be painted or printed, together with the name of the county in which the permit is issued, on every sign, billboard or other form of advertising, as the case may be, placed under NRS 405.020 to 405.100, inclusive.
________
κ1971 Statutes of Nevada, Page 317κ
Assembly Bill No. 456Committee on Agriculture
CHAPTER 228
AN ACT relating to livestock and produce marketing; extending additional privileges to licensed cash buyers.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 576.095 is hereby amended to read as follows:
576.095 Any person who has applied for and obtained a license as a dealer, broker, cash buyer or commission merchant as provided in this chapter may apply for and secure a license in any [or all of the remaining classifications] other classification or classifications without payment of further fee upon complying with the provisions of this chapter relating to the licensing of the other classifications involved.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 378Mr. McKissick
CHAPTER 229
AN ACT relating to estates of deceased persons; increasing the time for bringing suit after the denial of a claim against an estate; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 147.130 is hereby amended to read as follows:
147.130 1. When a claim is rejected by the executor or administrator or the district judge, in whole or in part, the holder shall be immediately notified by the executor or administrator, and the holder must bring suit in the proper court against the executor or administrator within [30 days] 60 days after such notice, whether the claim is due or not; otherwise the claim shall be forever barred. If the holder of a claim resides out of the county, he may be informed of the rejection of his claim by written notice forwarded to his post office address by registered or certified mail.
2. In any suit upon a claim rejected in whole or in part by the executor or administrator, if the executor or administrator resides out of the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, the summons, together with a certified copy of the complaint, may be served upon the county clerk of the county within which the administration of the estate is pending, in the manner prescribed in NRS 143.190, and such service is hereby made the equivalent of personal service upon the executor or administrator, but the defendant shall have 30 days from the date of such service within which to answer.
κ1971 Statutes of Nevada, Page 318 (CHAPTER 229, AB 378)κ
3. In the event that the defendant defaults after such service, the default shall be sufficient grounds for his removal as executor or administrator by the court, and without notice; whereupon, upon petition and notice, in the manner provided for an application for letters of administration, an administrator, or an administrator with the will annexed, as the case may be, shall be appointed by the court and, upon his qualification as such, letters of administration, or letters of administration with the will annexed, shall be issued.
________
Assembly Bill No. 371Mr. McKissick
CHAPTER 230
AN ACT relating to district court rules; providing for the destruction or disposal of depositions or exhibits introduced or filed in a civil case in the discretion of the district court; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 3 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Notwithstanding any other provision of NRS, a district court, on its own motion, may order destroyed or otherwise disposed of any exhibit or deposition introduced in the trial of a civil action or proceeding or filed in such action or proceeding which:
1. If appeal has not been taken from the decision of the district court in such action or proceeding, remains in the custody of the district court or clerk of such court 5 years after the time for appeal has expired.
2. If appeal has been taken, remains in the custody of the district court or clerk of such court 5 years after final determination thereof, or which remains in the custody of the district court or clerk of such court for a period of 5 years after:
(a) A motion for a new trial has been granted or a motion to set for trial has not been made within such 5 years; or
(b) The filing of the remittitur where the action or proceeding, after appeal, has been remanded to the trial court for a new trial and the same has not been brought to trial within 5 years from the date of filing the remittitur; or
(c) The dismissal of such action or proceeding; or
(d) The introduction or filing thereof where there is no provision for the destruction or other disposition of such exhibit or deposition and where, in the discretion of the district court, the same should be destroyed or otherwise disposed of.
The order shall be filed with the pleadings of each case in which any such order is made.
________
κ1971 Statutes of Nevada, Page 319κ
Assembly Bill No. 780Committee on Government Affairs
CHAPTER 231
AN ACT relating to incorporated cities and incorporated towns having a commission form of government; amending procedures to effect a discontinuance and termination of the commission form of government and the repeal of charters; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 267.140 is hereby amended to read as follows:
267.140 1. [Whenever one-fourth of the legal voters of any city heretofore or hereafter adopting a commission form of government, whether by general or special law, shall petition the district court in and for the county wherein such city is situated for the discontinuance and termination in the city of the commission form of government, the district court shall cause to be published once a notice stating that the question of discontinuing and terminating the commission form of government in the city will be submitted to the legal voters of the city at an election called for that purpose not more than 90 days from the date of the publication of the notice.
2. The form of the ballot shall be For commission form of government, or Against commission form of government.
3. Not more than one of such elections shall be held in 2 years.
4. The governing body of such city shall provide for the election in the manner and form as other municipal elections in such city are conducted and shall make returns thereof within the time and in the manner provided by the election laws of such city or the state election laws. The vote thereof shall be canvassed and the result declared as provided by such laws. If upon the canvass it shall be found that a majority of the votes cast at the election were cast against the commission form of government, the laws providing for the government of cities in the state shall supersede the provisions of NRS 267.010 to 267.140, inclusive, as to such city, as the citizens thereof shall elect.] The governing body of an incorporated city or an incorporated town having a commission form of government may, of its own motion, and shall, upon receiving a written petition signed by a number of registered voters of the city or town not less than 25 percent of the number who actually voted at the preceding municipal general election seeking the discontinuance and termination in the city or town of the commission form of government:
(a) If such incorporated city or incorporated town has a commission form of government described in paragraph (a) of subsection 1 of NRS 267.010, fix by resolution the election at which the question is to be submitted, and the date of such election if a special election is chosen. The governing body shall then cause to be posted at two public bulletin boards within the city or town, not less than 10 days prior to the date of such election, a notice that there will appear on the ballot the proposition for the discontinuance and termination of the commission form of government and the repeal of the charter of the city or town.
(b) If such incorporated city or incorporated town has a commission form of government described in paragraph (b) of subsection 1 of NRS 267.010, fix by resolution the election at which the question is to be submitted, and the date of such election if a special election is chosen.
κ1971 Statutes of Nevada, Page 320 (CHAPTER 231, AB 780)κ
267.010, fix by resolution the election at which the question is to be submitted, and the date of such election if a special election is chosen. The governing body shall then cause to be published once in a newspaper of general circulation in the city or town not less than 30 nor more than 60 days prior to the date of the election chosen, a notice that there will appear on the ballot the proposition for the discontinuance and termination of the commission form of government and the repeal of the charter of the city or town.
2. The proposition appearing on the ballot shall be in substantially the following terms: For termination of the commission form of government and repeal of the charter and Against termination of the commission form of government and repeal of the charter.
3. Not more than one of such elections shall be held in 2 years.
4. The governing body may by resolution make any necessary provision for a special election not inconsistent with the charter and the election laws of this state; otherwise, the election shall be held in accordance with the charter and the election laws of this state.
5. Following the election and canvass of returns, if it is found that a majority of the votes cast on the issue has been cast for the discontinuance and termination in the city or town of the commission form of government and for repeal of the charter, the governing body shall proclaim the charter repealed effective:
(a) Immediately if the legislature has not enacted a special charter for such city or town, and the provisions of chapter 266 of NRS shall supersede the provisions of NRS 267.010 to 267.140, inclusive, as to such city or town; or
(b) On the date any special charter of the city or town enacted by the legislature may become effective.
6. If, following the election and canvass of returns, it is found that a majority of the votes cast on the issue has been cast against the discontinuance and termination in the city or town of the commission form of government and against the repeal of the charter, such commission form of government and charter shall continue in full force and effect.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 584Committee on Labor
CHAPTER 232
AN ACT relating to industrial insurance; increasing the maximum amount of lump sum payments allowable and establishing when the rights to amounts of compensation and benefits are fixed; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.620 is hereby amended to read as follows:
616.620 Except as provided by subsection 11 of NRS 616.615, the commission may, in its discretion, allow the conversion of the compensation provided for in this chapter into a lump sum payment not to exceed [$18,000,] $28,000, under such rules and regulations and system of computation as the commission may deem proper, except that such sum shall be computed and paid without discount for present worth or deduction of other penalties.
κ1971 Statutes of Nevada, Page 321 (CHAPTER 232, SB 584)κ
[$18,000,] $28,000, under such rules and regulations and system of computation as the commission may deem proper, except that such sum shall be computed and paid without discount for present worth or deduction of other penalties.
Sec. 2. NRS 616.625 is hereby amended to read as follows:
616.625 [1. All compensation payments after June 30, 1963, to permanently totally disabled persons, widows and dependents, by reason of injuries or death arising out of and in the course of employment of employees under the provisions of this chapter shall be paid currently according to the rates provided by this chapter, as amended from time to time, whether the injury or death occurred before or after June 30, 1963, and the commission shall adjust current and lump sum payments accordingly.
2. The rates of compensation shall not operate retroactively for any period before June 30, 1963, except in commutation of lump sum payments.] The amount of compensation and benefits and the person or persons entitled thereto shall be determined as of the date of the accident or injury to the employee, and their rights thereto shall become fixed as of such date.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 479Committee on Labor
CHAPTER 233
AN ACT relating to compensation and benefits payable under the Nevada Industrial Insurance Act and the Nevada Occupational Diseases Act; creating a conclusive presumption that certain persons are totally dependent on injured employees; increasing compensation and benefits for permanent total disability, temporary total disability and permanent partial disability; providing supplemental compensation for persons suffering from silicosis and certain dependents who have received the maximum sum payable under law; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.510 is hereby amended to read as follows:
616.510 1. The following persons shall be conclusively presumed to be totally dependent upon [a] an injured or deceased employee:
(a) A wife upon a husband whom she has not voluntarily abandoned at the time of the injury.
(b) A husband, mentally or physically incapacitated from wage earning, upon a wife whom he has not voluntarily abandoned at the time of injury.
(c) A natural, posthumous or adopted child or children, whether legitimate or illegitimate, under the age of 18 years, or over that age if physically or mentally incapacitated from wage earning, there being no surviving parent. Stepparents may be regarded in this chapter as parents if the fact of dependency is shown, and a stepchild or stepchildren may be regarded in this chapter as a natural child or children if the existence and fact of dependency are shown.
κ1971 Statutes of Nevada, Page 322 (CHAPTER 233, SB 479)κ
the fact of dependency is shown, and a stepchild or stepchildren may be regarded in this chapter as a natural child or children if the existence and fact of dependency are shown.
2. Questions as to who shall constitute dependents and the extent of their dependency shall be determined as of the date of the accident or injury to the employee, and their right to any [death] benefit shall become fixed as of such time, irrespective of any subsequent change in conditions, and the [death] benefits shall be directly recoverable by and payable to the dependent or dependents entitled thereto, or to their legal guardians or trustees.
3. The presumptions of this section shall not apply in favor of aliens who are nonresidents of the United States at the time of accident, injury to, or death of the employee.
Sec. 2. NRS 616.580 is hereby amended to read as follows:
616.580 Every employee in the employ of an employer, within the provisions of this chapter, who shall be injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, shall be entitled to receive the following compensation for permanent total disability:
1. In cases of total disability adjudged to be permanent, compensation per month of 65 percent of the average monthly wage; and, if there be one or more persons residing in the United States dependent upon the workman at the time of the injury, an additional 15 percent for each dependent, but not more per month than 90 percent of the average monthly wage. Any excess of wages over [$320] $416 per month shall not be taken into account in computing such compensation.
2. In cases of permanent total disability, if the character of the injury is such as to render the workman so physically helpless as to require the service of a constant attendant, an additional allowance of $50 per month may be made so long as such requirements shall continue, but such increase shall not obtain or be operative while the workman is receiving hospital care under or pursuant to the provisions of NRS 616.410 and 616.415.
3. Those recipients who have, prior to the effective date of this act, been adjudged to be permanent disability cases, and are receiving [$188.50 per month] permanent total disability compensation plus dependency allowance on [July 1, 1969,] the effective date of this act shall continue to receive such benefits, and they shall not participate in any increase in benefits resulting from the amendment of subsection 1.
Sec. 3. NRS 616.585 is hereby amended to read as follows:
616.585 Every employee in the employ of an employer, within the provisions of this chapter, who shall be injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, shall be entitled to receive the following compensation for temporary total disability:
1. During the period of temporary total disability, but in no event for more than 100 months, 65 percent of the average monthly wage; and, if there be one or more persons residing in the United States dependent upon the workman during the time for which compensation is paid, an additional 15 percent for each dependent, but no more than 90 percent of the average monthly wage.
κ1971 Statutes of Nevada, Page 323 (CHAPTER 233, SB 479)κ
2. Any excess of wages over [$385] $500 a month shall not be taken into account in computing such compensation.
3. The increase in compensation and benefits effected by the amendment of subsection 2 shall not be retroactive.
Sec. 4. NRS 616.590 is hereby amended to read as follows:
616.590 1. In case of any of the following specified injuries, the disability caused thereby shall be deemed a permanent partial disability, and, in addition to the compensation paid for temporary total disability, compensation of 50 percent of the average monthly wage, subject to a minimum of [$60] $84 per month and a maximum of [$200] $280 per month, shall be paid for the period named in the following schedule:
Arms.
Amputation at shoulder or between shoulder and elbow, major arm ........................................................................................... 60 months
Amputation at shoulder or between shoulder and elbow, minor arm ........................................................................................... 50 months
Amputation at elbow, major arm................................................ 56 2/3 months
Amputation at elbow, minor arm................................................ 46 2/3 months
Amputation between elbow and wrist joint, major arm.......... 53 1/3 months
Amputation between elbow and wrist joint, minor arm.......... 43 1/3 months
The permanent and complete loss of the use of an arm may be deemed the same as the loss of an arm by separation.
For the partial loss of use of an arm, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of an arm, which the partial loss of use thereof bears to the total loss of use of an arm.
Eyes and loss of sight.
For the loss of an eye by enucleation....................................... 50 months
For the permanent and complete loss of sight in one eye without enucleation............................................................................................... 40 months
For partial loss of sight, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for complete loss of sight, which the partial loss thereof bears to the total loss of sight.
Feet.
For the loss of a foot................................................................... 40 months
The permanent and complete loss of the use of a foot may be deemed the same as the loss of a foot by separation.
For the partial loss of a foot, 50 percent of the average monthly wage during that proportion of the number of months provided in this
κ1971 Statutes of Nevada, Page 324 (CHAPTER 233, SB 479)κ
......... section for the complete loss of use of a foot, which the partial loss of use thereof bears to the total loss of use of a foot.
Fingers and thumbs.
For the loss of a thumb............................................................... 15 months
For the loss of one-half of the distal phalange of a thumb.... 4 months
For the loss of a first finger, commonly called the index finger 9................................................................................. months
For the loss of one-half of the distal phalange of a first finger 2 1/2................................................................................. months
For the loss of a second finger.................................................. 7 months
For the loss of one-half of a distal phalange of a second finger 1 1/2................................................................................. months
For the loss of a third finger....................................................... 5 months
For the loss of a fourth finger, commonly called the little finger 4................................................................................. months
The permanent and complete loss of the use of a finger or thumb may be deemed the same as the loss of a finger or thumb by separation.
The loss of more than one phalange of the thumb or finger shall be considered as the loss of the entire finger or thumb, but in no case shall the amount received for more than one thumb or finger exceed the amount provided in this section for the loss of a hand.
The loss of a distal or second phalange of the thumb, or the distal or third phalange of the first, second, third or fourth finger shall be considered a permanent partial disability and equal to the loss of one-half of such thumb or finger, and compensation shall be one-half of the amount specified for the loss of the entire thumb or finger.
For the partial loss of use of a finger or thumb, 50 percent of the average monthly wage during the proportion of the number of months provided in this section for the complete loss of use of a finger or thumb, which the partial loss of use thereof bears to the total loss of use of a finger or thumb.
Hands.
Amputation of major hand at wrist............................................ 50 months
Amputation of minor hand at wrist........................................... 40 months
The permanent and complete loss of the use of a hand may be deemed the same as the loss of a hand by separation.
For the partial loss of use of a hand, 50 percent of the average monthly wage during that proportion of the number of months provided in
κ1971 Statutes of Nevada, Page 325 (CHAPTER 233, SB 479)κ
......... this section for the complete loss of use of a hand, which the partial loss of use thereof bears to the total loss of use of a hand.
Head and facial disfigurement.
For permanent disfigurement about the head or face the commission may allow such sum for compensation thereof as it may deem just in accordance with the proof submitted, for a period not to exceed 12 months.
Hearing.
For permanent and complete loss of hearing in both ears..... 60 months
For permanent and complete loss of hearing in one ear........ 20 months
For partial loss of hearing, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for complete loss of hearing, which the partial loss thereof bears to the total loss of hearing.
Legs.
For the loss of a leg..................................................................... 50 months
The permanent and complete loss of the use of a leg may be deemed the same as the loss of a leg by separation.
For the partial loss of use of a leg, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a leg, which the partial loss of use thereof bears to the total loss of use of a leg.
Toes.
For the loss of a great toe........................................................... 7 months
For the loss of one of the other toes, other than the great toes 2 1/2................................................................................. months
The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe and compensation shall be one-half of the amount specified.
The loss of more than one phalange shall be considered as the loss of the entire toe.
The permanent and complete loss of the use of a toe may be deemed the same as the loss of a toe by separation.
For the partial loss of use of a toe, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a toe, which the partial loss of use thereof bears to the total loss of use of a toe.
κ1971 Statutes of Nevada, Page 326 (CHAPTER 233, SB 479)κ
2. Anything in this section to the contrary notwithstanding, in such cases in which the specific injuries designated in subsection 1 result in a residual physical disability to parts of the body other than the members affected, the commission may consider and award additional compensation taking into consideration, among other things:
(a) Any previous disability;
(b) The occupation of the injured employee;
(c) The nature of the physical injury;
(d) The age of the employee; and
(e) Such other factors as may be compatible with the injury incurred.
3. The increase in compensation and benefits effected by the amendment of subsection 1 shall not be retroactive.
Sec. 5. NRS 616.605 is hereby amended to read as follows:
616.605 1. In all cases of permanent partial disability not otherwise specified in NRS 616.590, 616.595 and 616.600, the percentage of disability to the total disability shall be determined by the commission. For the purpose of computing compensation for a disability that is partial in character but permanent in quality the period of 1 month shall represent a 1-percent disability, and, in addition to the compensation paid for temporary total disability, compensation of 50 percent of the average monthly wage, subject to a minimum of [$60] $84 per month and a maximum of [$200] $280 per month, shall be paid for the period so determined.
2. In determining the percentage of disability, consideration shall be given, among other things, to any previous disability, the occupation of the injured employee, the nature of the physical injury, and the age of the employee at the time of the injury.
3. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
4. The commission may adopt a schedule for rating permanent disabilities and reasonable and proper rules to carry out the provisions of this section.
5. The increase in compensation and benefits effected by the amendment of subsection 1 shall not be retroactive.
Sec. 6. NRS 617.460 is hereby amended to read as follows:
617.460 1. Silicosis shall be considered an occupational disease and shall be compensable as such when contracted by an employee and when arising out of and in the course of the employment.
2. Claims for compensation on account of silicosis shall be forever barred unless application shall have been made to the commission within 1 year after total disability or within 6 months after death.
3. Nothing in this chapter shall entitle an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
κ1971 Statutes of Nevada, Page 327 (CHAPTER 233, SB 479)κ
4. No compensation shall be paid in case of silicosis unless, during the 10 years immediately preceding the disablement or death, the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 4 years in employment in Nevada, some portion of which shall have been after July 1, 1947.
5. Compensation, medical, hospital and nursing expenses on account of silicosis shall be payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of chapter 616 of NRS, and only in the event of such disability or death resulting within 2 years after the last injurious exposure; provided, that:
(a) In the event of death following continuous total disability commencing within 2 years after the last injurious exposure, the requirement of death within 2 years after the last injurious exposure shall not apply.
(b) Except as provided in NRS 617.465, 617.466, 617.467, [and 617.468,] 617.468 and section 8 of this act, the maximum sum payable, including compensation, medical, nursing and hospital benefits for death or disability due to silicosis shall not exceed $14,250. Compensation shall be payable in sums provided by chapter 616 of NRS. The sum payable to a claimant may be used for any or all of the following items: Compensation, hospital, medical or nursing benefits; except that the amount payable for hospital, medical or nursing benefits shall not exceed $50 per month. The commission shall not allow the conversion of the compensation benefits provided for in this section into a lump sum payment notwithstanding the provisions of NRS 616.620. Payment of benefits and compensation shall be limited to the claimant and his dependents.
Sec. 7. NRS 617.468 is hereby amended to read as follows:
617.468 1. Any claimant or his dependents who have received the maximum sums payable pursuant to NRS 617.460, 617.465, 617.466 and 617.467 prior to January 1, 1969, or who will receive such maximum sum payable after January 1, 1969, and prior to July 1, 1971, shall be entitled to receive supplemental compensation in an amount not to exceed $6,125 during the period between January 1, 1969, and July 1, 1971.
2. Such supplemental compensation shall be payable to a claimant or his dependents in sums provided by chapter 616 of NRS.
3. In paying the supplemental compensation authorized by this section, the commission may, in addition to any moneys required from the occupational diseases fund and the medical benefits fund, expend:
(a) All moneys which represent the total remainder of amounts of maximum sums payable under paragraph (b) of subsection 5 of NRS 617.460, 617.465, 617.466 and 617.467 which were not paid between January 1, 1969, and July 1, 1971, because the claimants thereof died or their dependents became disqualified to receive further benefits prior to receipt of the maximum sums payable; and
(b) All moneys which represent the total remainder of amounts of supplemental compensation payable under this section which were not paid between January 1, 1969, and July 1, 1971, because the claimants thereof died or their dependents became disqualified to receive further supplemental benefits prior to receipt of the maximum supplemental compensation authorized by this section.
[4. No supplemental compensation shall be paid after July 1, 1971.]
κ1971 Statutes of Nevada, Page 328 (CHAPTER 233, SB 479)κ
Sec. 8. Chapter 617 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any claimant or his dependents who have received the maximum sums payable pursuant to NRS 617.460, 617.465, 617.466, 617.467 and 617.468 prior to January 1, 1971, or who will receive such maximum sum payable after January 1, 1971, and prior to July 1, 1973, shall be entitled to receive supplemental compensation in an amount not to exceed $6,125 during the period between January 1, 1971, and July 1, 1973.
2. Such supplemental compensation shall be payable to a claimant or his dependents in sums provided by chapter 616 of NRS.
3. In paying the supplemental compensation authorized by this section, the commission may, in addition to any moneys required from the occupational diseases fund and the medical benefits fund, expend:
(a) All moneys which represent the total remainder of amounts of maximum sums payable under paragraph (b) of subsections 5 of NRS 617.460, 617.465, 617.466, 617.467 and 617.468 which were not paid between January 1, 1971, and July 1, 1973, because the claimants thereof died or their dependents became disqualified to receive further benefits prior to receipt of the maximum sums payable; and
(b) All moneys which represent the total remainder of amounts of supplemental compensation payable under this section which were not paid between January 1, 1971, and July 1, 1973, because the claimants thereof died or their dependents became disqualified to receive further supplemental benefits prior to receipt of the maximum supplemental compensation authorized by this section.
4. No supplemental compensation shall be paid after July 1, 1973.
Sec. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 260Committee on Ways and Means
CHAPTER 234
AN ACT making an appropriation from the general fund in the state treasury to the department of administration to be expended in making an in-depth study of the current status of the Nevada public school system.
[Approved April 9, 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 department of administration the sum of $30,000 to be expended in making an in-depth study of the current status of the Nevada public school system.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 329κ
Senate Bill No. 154Committee on Finance
CHAPTER 235
AN ACT making supplemental appropriations from the state highway fund in the state treasury for the support of the department of motor vehicles and the public service commission of Nevada; and providing other matters properly relating thereto.
[Approved April 9, 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 state highway fund in the state treasury to:
1. The department of motor vehicles the sum of $54,955 as an additional and supplemental appropriation to that allowed and made by section 46 of chapter 658, Statutes of Nevada 1969.
2. The public service commission of Nevada the sum of $15,000 as an additional and supplemental appropriation to that allowed and made by section 38 of chapter 658, Statutes of Nevada 1969.
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 state highway fund in the state treasury on June 30, 1972.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 411Committee on Finance
CHAPTER 236
AN ACT making an appropriation from the general fund in the state treasury to the state treasurer for the purpose of acquiring and installing new holdup and burglar alarm equipment in the office of the state treasurer.
[Approved April 9, 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 treasurer the sum of $2,368 for the purpose of purchasing and installing new holdup and burglar alarm equipment in the office of the state treasurer.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 330κ
Senate Bill No. 342Committee on Federal, State and Local Governments
CHAPTER 237
AN ACT clarifying the provision governing photographing and microfilming public records.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 239.050 is hereby amended to read as follows:
239.050 1. Whenever any department, commission, board or officer of the State of Nevada, except the department of highways, [or its political subdivisions] shall have photographed or microphotographed or filmed all or any part of the records kept by or in such department, commission, board or by such officer in the manner and on film or paper that complies with the minimum standards of quality approved for such photographic records by the National Bureau of Standards, and whenever such photographs or microphotographs or films shall be placed in conveniently accessible files and provision made for preserving, examining and using the same, the department, commission, board or officer may, upon the approval of the state board of examiners or order of the district court, cause the original records from which the photographs or microphotographs or films have been made, or any part thereof, to be disposed of or destroyed.
2. Whenever the state highway engineer shall have photographed or microphotographed or filmed all or any part of the records of the department of highways required by NRS 408.215 to be kept by him, in the manner and on film or paper that complies with the minimum standards of quality approved for such photographic records by the National Bureau of Standards, and whenever such photographs or microphotographs or films shall be placed in conveniently accessible files and provisions made for preserving, examining and using the same, the state highway engineer may cause the original records from which the photographs or microphotographs or films have been made, or any part thereof, to be disposed of or destroyed.
Sec. 2. This act shall become effective upon passage and approval.
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κ1971 Statutes of Nevada, Page 331κ
Assembly Bill No. 769Committee on Ways and Means
CHAPTER 238
AN ACT authorizing the issuance of general obligation state securities in not to exceed the aggregate principal amount of $908,000, for the purpose of acquiring with the proceeds thereof certain buildings, structures, facilities and improvements required by the State of Nevada for the state library, the supreme court and the attorney general in Carson City, Nevada, and the Lost City museum in Clark County, Nevada; requiring annually the levy and collection of a general (ad valorem) property tax to pay the interest on and principal of such securities, and appropriating the proceeds of such taxes for that purpose; prescribing powers, duties and responsibilities of the state general obligation bond commission, the state planning board and state officers; making an appropriation to the state general obligation bond commission fund in the state treasury; relating to the construction and other acquisition of properties appertaining to such facilities; otherwise concerning such securities and properties, and taxes, other moneys, and pledges and liens pertaining thereto, by reference to the State Securities Law; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Terms used or referred to in this act are as defined in State Securities Law; but the terms commission and project, wherever used or referred to in this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 and 3 of this act.
Sec. 2. Commission means the state general obligation bond commission.
Sec. 3. Project means the construction and other acquisition of the buildings, structures and appurtenances required by the State of Nevada as enumerated and described in section 4 of this act.
Sec. 4. After receipt of a resolution from the state planning board certifying the need for moneys with which to acquire each component of the following-described project, the commission is authorized to acquire the properties comprising each such component at costs not exceeding the respective amounts set forth below opposite the description of each component:
Remodeling of supreme court building, phase 2, Carson City, Nevada ............................................................................................... $258,000
Remodeling of United States Post Office and Courthouse, phase 3, Carson City, Nevada (to be acquired from Federal Government for state library purposes) ................................................................................................. 522,000
Construction of addition to Lost City museum, Clark County, Nevada ................................................................................................. 128,000
Sec. 5. The commission, on the behalf and in the name of the state, may:
1. Acquire the properties appertaining to the project, including without limitation water and water rights, for the benefit and welfare of the people of the state; and
κ1971 Statutes of Nevada, Page 332 (CHAPTER 238, AB 769)κ
2. Borrow money and otherwise become obligated in a total principal amount of not exceeding $908,000 to defray wholly or in part the cost of the project, or any part thereof.
Sec. 6. 1. Subject to the limitations as to maximum principal amounts in section 5 of this act, the commission may issue to evidence such obligations at any time or from time to time after the adoption of this act, but not after 5 years from the effective date thereof, as the commission may determine, general obligation state securities in accordance with the provisions of the State Securities Law, as from time to time amended, without limitation by any restriction upon the incurrence of indebtedness in any other act, except as limited in the State Securities Law and in this act.
2. Nothing in this act shall be construed as preventing the commission from funding, refunding or reissuing any outstanding state securities issued by the commission or any predecessor thereof at any time as provided in the State Securities Law, as from time to time amended, except as therein limited.
Sec. 7. 1. An annual general (ad valorem) tax shall be levied and collected sufficient to pay the interest on the state securities semiannually, and the principal thereof within 20 years from the passage of this act.
2. The proceeds of such taxes are specially appropriated to the payment of such principal and interest.
3. Such appropriation shall not be repealed nor the taxes postponed or diminished until such principal and interest has been wholly paid.
4. The payment of such securities, the levy of such taxes and the appropriation of the proceeds thereof shall be in the manner delineated in NRS 349.236 to 349.248, inclusive, being a part of the State Securities Law, and other provisions therein supplemental thereto.
Sec. 8. 1. There is hereby appropriated from the general fund in the state treasury to the state general obligation bond commission fund the sum of $7,500.
2. Within the limitations of the appropriation made by subsection 1, the commission is authorized to employ legal, fiscal and other expert services in connection with the authorization, issuance and sale of the state securities. All expenses incurred for the preparation, sale and delivery of the state securities, including the preparation of the certified copy of the transcript for the successful bidder, are legal charges against the state general obligation bond commission fund.
Sec. 9. The proceeds of the sale or sales of the state securities except the proceeds of any such securities issued to fund or refund outstanding securities shall be credited to the state planning board in the state treasury for its use pursuant to the provisions of section 4 of this act, but if it appears at the time of the receipt of such proceeds that the state planning board does not require all or a portion of such proceeds immediately, such proceeds or portion thereof may be invested by the state board of finance as provided in the State Securities Law.
Sec. 10. 1. The state planning board is charged with the duty of acquiring each of the components comprising the project authorized by this act:
(a) As provided in chapter 341 of NRS; and
κ1971 Statutes of Nevada, Page 333 (CHAPTER 238, AB 769)κ
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the project described in section 4 of this act.
2. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required for the project and, if necessary, to assist in the preparation of contract documents pertaining to the acquisition of project properties. The addition to the Lost City museum shall be in the same architectural style as the existing Lost City museum.
3. All work in connection with the project authorized by this act shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.
4. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for each component of the project designated in section 4 of this act. Approved plans and specifications for such project shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on a part or parts of such project, and may let separate contracts for different and separate portions of the project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 11. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and the state securities may be issued hereunder without regard to the procedure required by any other such law except as otherwise provided in this act or in the State Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 12. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 13. 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.
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κ1971 Statutes of Nevada, Page 334κ
Assembly Bill No. 707Committee on Ways and Means
CHAPTER 239
AN ACT relating to the vocational education gift fund; authorizing the state board for vocational education to expend money from such fund; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 388.365 is hereby amended to read as follows:
388.365 1. The state board for vocational education may accept gifts of moneys from public and private sources, if the purpose of the gift specified by the donor is approved by the board and is within the scope of the boards powers and duties, and such funds shall be deposited in a permanent fund in the state treasury designated as the vocational education gift fund.
2. The board may expend money from the vocational education gift fund in accordance with the terms of any gift or bequest.
3. The moneys available in the vocational education gift fund shall be used only for the purpose specified by the donor, within the limits of subsection 1, and any expenditures may include matching state and federal funds available for vocational education.
[3.] 4. If all or part of the funds accepted by the board from a donor are not expended prior to the end of the fiscal year in which the gift was accepted, such remaining balance of the amount donated shall remain in the vocational education gift fund until needed for the purpose specified by the donor, within the limits of subsection 1.
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Assembly Bill No. 455Committee on Agriculture
CHAPTER 240
AN ACT relating to livestock and produce brokers; requiring sureties of livestock and produce brokers to give notice of any claim made upon such surety; providing additional grounds for suspension of such brokers; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 576.040 is hereby amended to read as follows:
576.040 1. Each applicant to whom a license to act as a dealer, broker, or commission merchant is issued shall do one of the following:
(a) File a bond of a surety company authorized to do business in this state or a bond with individual sureties owning unencumbered real property within this state subject to execution and worth, above all exemptions, double the amount of the bond. The bond shall be in the form prescribed by, and to the satisfaction of, the department, conditioned for the payment of a judgment or judgments against the applicant furnishing the bond and arising out of the failure of the applicant or his agent to conduct his business in accordance with the provisions of this chapter, or for nonpayment of obligations in connection with the purchase and sale of livestock or farm products [.]
κ1971 Statutes of Nevada, Page 335 (CHAPTER 240, AB 455)κ
by, and to the satisfaction of, the department, conditioned for the payment of a judgment or judgments against the applicant furnishing the bond and arising out of the failure of the applicant or his agent to conduct his business in accordance with the provisions of this chapter, or for nonpayment of obligations in connection with the purchase and sale of livestock or farm products [.] , and shall provide that the surety company will notify the department before the end of the second business day after any claim or judgment has been made against the bond. The aggregate liability of the surety to all claimants shall, in no event, exceed the amount of the bond [.] for each and every licensing period.
(b) File a copy of the bond required by the United States pursuant to the provisions of the Packers and Stockyards Act (7 U.S.C. § 204).
(c) Furnish other security in the amount required by this section which is acceptable to the department.
2. In lieu of complying with one of the alternatives provided in subsection 1, the dealer, broker or commission merchant may deliver to the department the receipt of a bank or trust company in this state showing the deposit with such bank or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, such cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond. Any receipt shall be accompanied by evidence that there are no unsatisfied judgments against the dealer, broker or commission merchant of record in the county or counties in which the dealer, broker or commission merchant is doing business or wherein he resides. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this section.
3. The amount of such bond, other security or deposit shall be $5,000.
4. All bonds shall be renewed or continued in accordance with rules and regulations promulgated by the department.
5. Any producer of livestock or farm products or his agent or consignee injured by any violation of the provisions of this chapter, or by any misrepresentations or fraud on the part of any licensed dealer, broker or commission merchant, may maintain a civil action against such dealer, broker or commission merchant and the surety or sureties on the bonds, or either of them. Process authorized by the instrument filed with the department pursuant to subsection 4 of NRS 576.030 shall be served by delivering to and leaving with the executive director duplicate copies of such process and the payment of a fee of $2, and the service upon such attorney shall be deemed service upon such dealer, broker or commission merchant. The executive director shall forthwith forward one copy of such process by registered mail prepaid to the defendant dealer, broker or commission merchant, giving the day and hour of such service. The defendants return receipt shall be prima facie evidence of the completion of such service. If service of summons is made upon the executive director in accordance with the provisions of this subsection, the time within which the defendant is required to appear shall be deemed to be extended 10 days. The foregoing provisions of this subsection with reference to the service of process shall not be deemed exclusive, but if such defendant dealer, broker or commission merchant is found within the State of Nevada he shall be served with process in the State of Nevada.
κ1971 Statutes of Nevada, Page 336 (CHAPTER 240, AB 455)κ
service of process shall not be deemed exclusive, but if such defendant dealer, broker or commission merchant is found within the State of Nevada he shall be served with process in the State of Nevada.
6. Any producer of livestock or farm products or his agent or consignee having a claim against any dealer, broker or commission merchant shall commence legal action on the bond, or the money or securities deposited in lieu of a bond, for recovery of the amount claimed to be due within 1 year from the date the claim shall have accrued.
7. If any licensed dealer, broker or commission merchant for any reason ceases to operate as such, the amount of money or securities deposited in lieu of a bond shall be retained by the department for 1 year. If after the expiration of 1 year from the cessation of such operation, no legal action has been commenced to recover against such money or securities, the amount thereof shall be delivered to the owner thereof. If a legal action has been commenced within such time, all such money and securities shall be held by the department subject to the order of the district court.
8. If the department receives notice from a producer of livestock or farm products or his agent or consignee of the default of a licensed dealer, broker or commission merchant, the department shall issue an order to the licensee to show cause why his license should not be revoked. The notice shall be in writing and set forth a time and place for a hearing on the matter to be held before the director of the department.
9. If a license is revoked pursuant to subsection 8 the department shall, by publication in a newspaper of general circulation in the area, notify all known producers of livestock or farm products in the area in which the licensee operated that the licensees license has been revoked.
Sec. 2. NRS 576.120 is hereby amended to read as follows:
576.120 1. The department may refuse to grant or renew a license or registration as provided in subsection 4 of NRS 576.140 or may suspend or revoke a license or registration as provided in subsection 4 of NRS 576.140 already granted if, after due notice and hearing, the department is satisfied of the existence of any of the following facts, the existence of which is hereby declared to be a violation of this chapter:
(a) That the applicant, or licensee, has intentionally made any false or misleading statement as to the conditions of the market for any farm products.
(b) That the applicant, or licensee, has made fictitious sales or has been guilty of collusion to defraud the producer.
(c) That the licensee was intentionally guilty of fraud or deception in the procurement of such license.
(d) That the applicant or licensee has in the handling of any farm products been guilty of fraud, deceit, or willful negligence.
(e) That the licensee, without reasonable cause, has failed or refused to execute or carry out a lawful contract with a producer.
(f) That the licensee, without reasonable cause, has issued checks for payment of farm products received without sufficient funds to cover them or has stopped payment on a check given in payment for farm products received.
(g) That the licensee, without reasonable cause, has failed to account or make payment for farm products as required by this chapter.
κ1971 Statutes of Nevada, Page 337 (CHAPTER 240, AB 455)κ
(h) That the licensee has knowingly employed an agent, as defined in subsection 1 of NRS 576.010, without causing such agent to comply with the licensing requirements of this chapter applicable to agents.
(i) That the licensee has failed or refused to keep, maintain and file records as required by this chapter.
(j) That the licensee has failed or refused to keep and maintain a bond or other security as required by the provisions of NRS 576.040.
2. The department may suspend, pending inquiry, for not longer than 30 days, and after hearing or investigation may refuse to grant, renew or revoke any license as the case may require, when it is satisfied that the licensee has become bankrupt or insolvent, and is thereby unable to pay producer-creditors of the licensee, or producers with whom the licensee has executory or executed contracts for the purchase of farm products, or for the handling of farm products on consignment.
3. A license shall be suspended automatically, without action of the department, if the bond filed pursuant to subsection 1 of NRS 576.040 is canceled, and shall remain suspended until such bond is renewed.
4. In the case of any hearing held under the provisions of this section, there shall be filed in the office of the department a memorandum stating briefly the reasons of the department for the denial, suspension or revocation of the license, but formal findings of fact need not be made or filed.
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Assembly Bill No. 537Mr. Swackhamer
CHAPTER 241
AN ACT creating terms of office for members of fair and recreation boards.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.645 is hereby amended to read as follows:
244.645 1. Whenever the board of county commissioners of any county or the board of supervisors of Carson City desires the powers granted in NRS 244.640 to 244.780, inclusive, to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of such powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244.640 to 244.780, inclusive. After approval of the resolution, the county or city clerk shall:
(a) Cause a copy of the resolution to be published promptly once in a newspaper published in and of general circulation in the county or city; and
(b) In the case of a county, cause a certified copy of the resolution to be mailed by registered or certified mail to the mayor or other chief executive officer of each incorporated city within the county.
2. In counties having a population of 200,000 or more, the county fair and recreation board shall be selected as provided in NRS 244.7802.
κ1971 Statutes of Nevada, Page 338 (CHAPTER 241, AB 537)κ
fair and recreation board shall be selected as provided in NRS 244.7802. In counties having a population of 100,000 or more and less than 200,000, the most populous incorporated city in the county shall be represented on the county fair and recreation board by two members, and the next most populous incorporated city by one member. In counties having a population of 11,000 or more and less than 100,000, and in which there is one or more incorporated city, each incorporated city, except an incorporated city which is the county seat, shall be represented by one member and any incorporated city which is the county seat shall be represented by four members. Within 30 days after the day of publication of the resolution or the day on which the last of the copies of the resolution was mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city council or board of trustees to serve on the board for the remainder of his or their terms of office. The clerk or secretary of the city shall promptly certify the appointment by registered or certified mail to the county clerk. In counties having a population of less than 11,000, any incorporated city which is the county seat shall be represented by one member, who shall be appointed and certified as provided in this section, and the board of county commissioners shall appoint three representatives as follows:
(a) One member to represent the motel operators in the county.
(b) One member to represent the hotel operators in the county.
(c) One member to represent the other commercial interests in the county.
3. In counties having a population of 100,000 or more and less than 200,000, two members of the board of county commissioners shall be appointed by the board of county commissioners to serve on the board for the remainder of their terms of office. In counties having a population of less than 100,000, one member of the board of county commissioners shall be appointed by the county commissioners to serve on the board for the remainder of his term of office.
4. Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
5. In Carson City the board of supervisors shall appoint five representatives to the fair and recreation board established as provided in subsection 1 as follows:
(a) Two members to represent the hotel and motel operators in the city.
(b) One member to represent the other commercial interests in the city.
(c) One member who is a member of the board of supervisors.
(d) One member to represent the city at large.
6. The terms of all members appointed pursuant to this section, who are not elected officials, shall terminate on January 1, 1972. Thereafter, such members shall be appointed for 2-year terms. Any such member may succeed himself.
7. The terms of all elected officials shall be coterminous with their terms of office. Any such member may succeed himself.
κ1971 Statutes of Nevada, Page 339 (CHAPTER 241, AB 537)κ
Sec. 2. NRS 244.7802 is hereby amended to read as follows:
244.7802 1. The county fair and recreation board shall consist of nine members selected as follows:
(a) Two members by the board of county commissioners from their own number.
(b) Two members by the governing body of the largest incorporated city in the county.
(c) One member by the governing body of one of the other incorporated cities in the county.
(d) Four members to be appointed by the members selected pursuant to paragraphs (a), (b) and (c). Such members shall be selected from a list of three nominees for each position submitted by the chamber of commerce of the largest incorporated city in the county. Such lists shall be composed of nominees respectively who are actively engaged in:
(1) The resort hotel industry.
(2) The motel industry.
(3) The finance industry.
(4) General business or commerce.
2. In order to determine which of the incorporated cites in the county is entitled to the representative provided in paragraph (c) of subsection 1, the board of county commissioners shall at its first meeting after May 1, 1967, draw lots to determine which city shall be first represented, which next, and so on. The city first drawn is entitled to representation until July 1, 1968, and each city is entitled thereafter to representation for 1 year, in its proper turn as determined by the original drawing.
3. Any vacancy occurring on a county fair and recreation board shall be filled by the authority entitled to appoint the member whose position is vacant.
4. Members appointed pursuant to paragraph (d) of subsection 1 shall be appointed for a term of 2 years. Any such member may succeed himself.
5. The terms of members appointed pursuant to paragraphs (a), (b) and (c) shall be coterminous with their terms of office. Any such member may succeed himself.
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Assembly Bill No. 600Messrs. Swallow and Prince
CHAPTER 242
AN ACT relating to school buses; requiring the department of motor vehicles to inspect school buses to insure that they meet certain specifications set by the state board of education; and providing other matters properly relating thereto.
[Approved April 9, 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.
κ1971 Statutes of Nevada, Page 340 (CHAPTER 242, AB 600)κ
(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] Inspected semiannually by the department of motor vehicles to insure that such vehicles are mechanically safe and meet the minimum specifications established by the state board of education. The department of motor vehicles shall make written 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. 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 392.410 is hereby amended to read as follows:
392.410 1. When operated for the transportation of pupils, every school bus shall be equipped with a flashing red-light system of a type approved by the department of motor vehicles, and installed at the expense of the school district or operator. The driver shall operate this signal:
(a) When pupils are unloading from the bus.
(b) When the bus is stopped for the purpose of loading pupils.
(c) In times of emergency or accident.
2. In addition to the equipment required by subsection 1, each school bus shall be equipped and identified as required by the regulations of the state board of education.
3. The agents and employees of the department of motor vehicles [and the state department of education may] shall inspect school buses to determine if the provisions of this section concerning equipment and identification of such school buses have been complied with, and shall report any violations discovered thereby to the superintendent of schools of the school district wherein such vehicles are operating.
4. If the superintendent of schools fails or refuses to take appropriate action to correct any such violation within 10 days after receiving notice of such violation from the department of motor vehicles, [or the state department of education,] he shall be guilty of a misdemeanor, and upon conviction thereof shall be removed from office.
5. Any person who violates any of the provisions or requirements of this section shall be guilty of a misdemeanor.
Sec. 3. This act shall become effective at 12:01 a.m. on July 1, 1971.
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κ1971 Statutes of Nevada, Page 341κ
Assembly Bill No. 687Mr. Dini
CHAPTER 243
AN ACT relating to the city of Yerington; providing for the improvement and equipment of its sanitary sewer system and its water system; providing for the issuance of bonds and other securities, constituting general obligations, to defray wholly or in part the cost of the improvement and equipment of such facilities and appurtenances; providing for the payment of such securities, the security therefor and other details in connection therewith; otherwise providing powers, rights, privileges, immunities, liabilities, duties, disabilities and other details in connection with the city, such facilities, such securities, the taxes and other revenues for their payment, their proceeds, other moneys, and pledges and liens pertaining thereto, including, without limitation, by reference to the Local Government Securities Law; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Except as otherwise provided in this act, terms used or referred to in this act are as defined in the Local Government Securities Law; but the following terms whenever used or referred to in this act and in the Local Government Securities Law in its connection with this act, unless the context otherwise requires, have the meanings ascribed to them in sections 2 to 13, inclusive, of this act.
Sec. 2. Equipment means the furnishing of all necessary, desirable, useful, related or appurtenant furniture, fixtures and other facilities (or combination thereof) pertaining to each project or any interest therein, as authorized in this act.
Sec. 3. 1. Facilities means:
(a) In connection with the sewerage project, the sewer system of the municipality; and
(b) In connection with the water project, the water system of the municipality.
2. The facilities pertaining to either such system consist of all properties, real, personal, mixed or otherwise, now owned or hereafter acquired by the municipality, through purchase, construction or otherwise, and used in connection with the system of the municipality and in any way pertaining thereto, whether or not located within or without or both within and without the boundaries of the municipality.
Sec. 4. Governing body means the city council of the municipality.
Sec. 5. Gross pledged revenues means all income and revenues derived directly or indirectly by the municipality from the operation and use of and otherwise pertaining to the facilities comprising the sewer system or the water system, as the case may be, or any part thereof, whether resulting from repairs, enlargements, extensions, betterments or other improvements to the facilities, or otherwise, and includes all revenues received by the municipality from the facilities, including, without limitation, all fees, rates and other charges for the use of the facilities, or for any service rendered by the municipality in the operation thereof, directly or indirectly, the availability of any such service, or the sale or other disposal of any commodities derived therefrom, but excluding any moneys borrowed and used for the acquisition of capital improvements, and excluding any moneys received as grants, appropriations or gifts from the Federal Government, the state or other sources, the use of which is limited by the grantor or donor to the construction of capital improvements for the facilities or to another restricted purpose, except to the extent any such moneys are received as payments for the use of the facilities, services rendered thereby, the availability of any such service, or the disposal of any such commodities.
κ1971 Statutes of Nevada, Page 342 (CHAPTER 243, AB 687)κ
excluding any moneys received as grants, appropriations or gifts from the Federal Government, the state or other sources, the use of which is limited by the grantor or donor to the construction of capital improvements for the facilities or to another restricted purpose, except to the extent any such moneys are received as payments for the use of the facilities, services rendered thereby, the availability of any such service, or the disposal of any such commodities.
Sec. 6. Improvement means the extension, betterment or other improvement by the construction, purchase or other acquisition of properties for:
1. The sewer system, in the case of the sewerage project; and
2. The water system, in the case of the water project.
Sec. 7. Municipality means the body corporate and politic and the political subdivision of the state, designated as the city of Yerington in the county of Lyon.
Sec. 8. Net pledged revenues means the gross pledged revenues remaining after the deduction of the operation and maintenance expenses of the facilities.
Sec. 9. 1. Project means the improvement and equipment of the facilities situate within or without, or both within and without, the corporate limits of the municipality but solely within the boundaries of the state, and pertaining to:
(a) The sewer system, in the case of the sewerage project; and
(b) The water system, in the case of the water project.
2. Projects or each project or words of similar import, mean collectively the sewerage project and the water project.
Sec. 10. Sewer system means facilities pertaining to the sanitary sewerage system of the municipality for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes, including, without limitation, a sewerage treatment plant, sewerage purification and treatment works and disposal facilities, drying beds, pumping plant and station, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, waterlines, sewerlines, conduits, ditches, pipes and transmission lines, pumping plants, filter plants, powerplants, pumping stations, gauging stations, ventilating facilities, incinerators, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings and other facilities for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes (or any combination thereof).
Sec. 11. Sewerage project means the improvement and equipment of the sewer system.
Sec. 12. Water project means the improvement and equipment of the water system.
Sec. 13. Water system means facilities pertaining to the water system of the municipality for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, ponds, lakes, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers, other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, powerplants, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation (or any combination thereof).
κ1971 Statutes of Nevada, Page 343 (CHAPTER 243, AB 687)κ
pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation (or any combination thereof).
Sec. 14. 1. The municipality, acting by and through its governing body, is authorized by this act, as supplemented by the provisions of the Local Government Securities Law, to:
(a) Undertake and complete each project;
(b) Borrow money, otherwise to become obligated and to evidence such obligations by the issuance of bonds subject to the provisions of NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, and by the issuance of other securities of the municipality, bearing interest at a rate or rates not exceeding 8 percent per year and sold at public or private sale at a price resulting in an effective interest rate of not more than 8 percent per year, constituting general obligations, and issued independently of any debt limitation or other restriction, except as is otherwise provided in this act and in the Local Government Securities Law, in one series or more at any time or from time to time but not after 6 years from the effective date of this act, as the governing body may determine, for the purpose of defraying wholly or in part the cost of the:
(1) Sewerage project, in a principal amount not exceeding $225,000; and
(2) Water project, in a principal amount not exceeding $175,000,
but excluding from such cost limitations revenues available for the projects and derived by other than the issuance of securities; and
(c) Exercise the powers provided in the Local Government Securities Law in connection with the powers authorized by this act except as otherwise expressly provided in this act and in the Local Government Securities Law (except as provided in this act).
2. Nothing in this act shall be construed as preventing the governing body, on the behalf and in the name of the municipality, from funding, refunding or reissuing any securities of the municipality at any time as provided in the Local Government Securities Law.
Sec. 15. The securities authorized by this act may be issued as:
1. General obligation bonds and other general obligation securities, payable from taxes; or
2. General obligation bonds and other general obligation securities payable from taxes, the payment of which securities is additionally secured with net pledged revenues; or
3. Any combination of such securities.
Sec. 16. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and securities may be issued under this act without regard to the procedure required by any other law except as otherwise provided in this act or in the Local Government Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
κ1971 Statutes of Nevada, Page 344 (CHAPTER 243, AB 687)κ
inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 17. This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.
Sec. 18. If any provisions 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. 19. This act shall become effective upon passage and approval.
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Assembly Bill No. 679Mr. Getto, Mrs. Brookman and Mr. Dini
CHAPTER 244
AN ACT authorizing and requesting the governor to proclaim annually the third week of July as Nevada All-Indian Stampede Days, to be celebrated in Fallon, Nevada, in commemoration of the Indian people.
[Approved April 9, 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:
The governor of this state is authorized and requested to issue annually a proclamation designating the third week of July as Nevada All-Indian Stampede Days to be celebrated in Fallon, Nevada, in commemoration of the Indian people and their efforts to maintain their culture, customs and traditions.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 756Messrs. McKissick, Torvinen, Lowman, Swackhamer and Kean
CHAPTER 245
AN ACT eliminating the necessity to have 12 trial jurors and providing for a lesser number in civil cases.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 16.030 is hereby amended to read as follows:
16.030 When the action is called for trial by jury the clerk shall prepare separate ballots containing the names of the jurors summoned who have appeared and not been excused, and deposit them in a box, the kind to be approved by the judge.
κ1971 Statutes of Nevada, Page 345 (CHAPTER 245, AB 756)κ
who have appeared and not been excused, and deposit them in a box, the kind to be approved by the judge. He shall then, after thoroughly mixing the same, draw from the box [12] eight names, and the persons whose names are so drawn shall then be examined as to their qualifications to serve as jurors. If the ballots become exhausted before the jury is complete, or if for any cause a juror or jurors be excused or discharged, a sufficient number of additional jurors shall be drawn from the jury box and summoned as provided by law. The jury shall consist of [12] eight persons, unless the parties consent to a less number. The parties may consent to any number not less than four. Such consent shall be entered by the clerk in the minutes of the trial.
Sec. 2. NRS 67.020 is hereby amended to read as follows:
67.020 1. At the time appointed for the trial the justice shall proceed to call from the jurors summoned the names of the persons to constitute the jury for the trial of the issue. If a sufficient number of competent and indifferent jurors do not attend, the justice shall direct others to be summoned from the vicinity, and not from the bystanders, sufficient to complete the jury.
2. The jury, by consent of the parties, may consist of any number not more than [12] eight nor less than 4.
________
Senate Bill No. 123Senator Dodge
CHAPTER 246
AN ACT empowering the state sealer of weights and measures to promulgate rules and regulations for public weighmasters.
[Approved April 9, 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:
The state sealer of weights and measures is authorized to make rules and regulations promulgated for the efficient enforcement of this chapter comply, insofar as practicable, with specifications, tolerances and regulations recommended by the National Bureau of Standards.
________
κ1971 Statutes of Nevada, Page 346κ
Senate Bill No. 433Committee on Federal, State and Local Governments
CHAPTER 247
AN ACT to amend an act entitled An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949, as amended.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The title of Article V of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 396, is hereby amended to read as follows:
ARTICLE V
[City Treasurer] Department of Finance
Sec. 2. Section 5 of Article V of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 580, Statutes of Nevada 1969, at page 1092, is hereby amended to read as follows:
Section 5. [There shall be a city treasurer, who may also be the tax receiver and shall be the license collector of the city. He shall be appointed by the mayor with the approval of the city council, subject to the provisions of chapter XIX of this charter. He shall receive for his services such annual salary as may be prescribed from time to time by the city council. He shall collect all license fees imposed by any ordinance. The city treasurer shall receive and safely keep and deposit in a depository, or depositories, designated by the city council all moneys that shall come to the city by taxation or otherwise, and pay the same out only on claims duly allowed by the council, except the interest or principal of any municipal bonded indebtedness, and shall perform such other and further duties as may be required of him or prescribed by the council. The city treasurer shall before entering upon the duties of his office execute a good and sufficient official bond with approved sureties, in such sum and conditioned as may be required by the council. The city treasurer shall countersign all checks and warrants drawn upon the treasury of the city of Sparks. The city treasurer is authorized to use a facsimile signature in place of his handwritten signature whenever necessary or convenient.]
1. There is hereby created in the city government a department of finance.
2. The department of finance, by and through its director and employees, shall:
(a) Collect all license fees imposed by any ordinance.
(b) Receive and safely keep and deposit in a depository or depositories designated by the city council all moneys paid to the city by taxation or otherwise, and pay the same out only on claims allowed by the city council, except the interest on or principal of any municipal bonded indebtedness.
(c) Keep full and accurate accounts of the financial affairs of the city.
κ1971 Statutes of Nevada, Page 347 (CHAPTER 247, SB 433)κ
(d) Upon order of the city council, make reports of the financial condition of the city.
(e) Audit all claims and demands against the city before they are allowed by the city council.
(f) Perform such other duties as the city council may provide by ordinance, resolution or order or as may be prescribed by the city manager.
Sec. 3. Article V of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended, is hereby amended by adding thereto a new section designated section 5.01, which shall immediately follow section 5 and shall read as follows:
Section 5.01. 1. There shall be a director of the department of finance, who shall be appointed by the city manager subject to confirmation by a majority vote of the whole city council.
2. The director of the department of finance shall:
(a) Have the qualifications prescribed by the city council.
(b) Receive for his services such annual salary as may be prescribed from time to time by the city council.
(c) Before entering upon the duties of his office execute a good and sufficient official bond with approved sureties in such sum and conditioned as may be required by the city council.
(d) Countersign all checks and warrants, by use of a facsimile signature or otherwise, drawn upon the city treasury.
(e) Perform such other duties as may be assigned by the city council and the city manager.
Sec. 4. Section 8.03 of Article VIII of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 398, is hereby amended to read as follows:
Section 8.03. Such police court shall be treated and considered as a justices court whenever the proceedings thereof are called into question. The police judge shall have power to issue all warrants, writs, and process necessary to complete an effective exercise of the jurisdiction of said court, and may punish for contempt, in like manner and with the same effect as is provided by general law for justices of the peace. He shall keep a docket in which shall be entered all official business in like manner as in the justice courts. He shall prepare bonds, justify bail and administer all oaths. He shall render monthly or oftener, as the council may prescribe, an exact and detailed statement in writing, under oath, of the business done and of all fines collected as well as fines uncollected since his last report, and shall at the same time render and pay unto the [city treasurer,] director of the department of finance all fines collected and money received on behalf of the city since his last report.
Sec. 5. Section 13.01 of Article XIII of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 345, Statutes of Nevada 1965, at page 755, is hereby amended to read as follows:
Section 13.01. All taxes collected under or by virtue of this charter, or of any ordinance of the city, shall be paid to the county treasurer of the county of Washoe at the same time as payment of taxes for state and county purposes is made; provided, that nothing herein shall be so construed as to require payment of any license taxes to said county treasurer of Washoe county. The county treasurer of Washoe county shall receive said tax, keep the same intact and separate and apart from other tax moneys and not commingled therewith, and he shall be liable on his official bond for the correct keeping and transfer of said moneys as herein provided.
κ1971 Statutes of Nevada, Page 348 (CHAPTER 247, SB 433)κ
said tax, keep the same intact and separate and apart from other tax moneys and not commingled therewith, and he shall be liable on his official bond for the correct keeping and transfer of said moneys as herein provided. The county treasurer shall render a statement to the [city treasurer] director of the department of finance of the moneys and the amount thereof so received by him, as often as he shall be required so to do by resolution of the council, duly passed, certified to under the seal of the city by the clerk, and served upon the county auditor, who shall draw his warrant for the full amount, and the said county treasurer shall safely transmit and deliver into the treasury of the city all moneys so collected and received by him, or so much thereof as shall be called for by the resolution aforesaid, and shall thereupon take the receipt of [said city treasurer] the director of the department of finance therefor. All such moneys shall be placed in the funds of the city. After the receipt by the [city treasurer] director of the department of finance of such funds, as may be called for in the resolution above referred to, and at the next regular council meeting after demand has been made upon the county treasurer therefor, the council shall ascertain the amount that must be paid out of the funds thus received, for bond interest and bond retirement, prior to the due date of the next tax apportionment; whether the same be quarterly, semiannually, or annually; and out of said funds thus received the city council shall direct the payment of due bonds and interest; and when such amount has been ascertained, the city council shall order a sufficient amount of said funds fully to cover the same, to be deposited in a special fund to be known as the Sparks Debt Service Fund, and the funds thus segregated shall be used only for the purpose of paying bond interest and maturing bonds; and shall not be subject to any other use, or to any judicial process, attachment, or execution. The remainder of said funds shall be deposited in the fund to be known as the Sparks General Fund, and shall be so kept until used for general city purposes, and paid out upon proper warrants; provided, that the city council may, in its discretion, set apart any surplus moneys in said Sparks General Fund to the Sparks Debt Service Fund, which shall be used for bond interest and bond principal redemptions; for bonds now issued, or for those to be issued, and which are secured by the full faith and credit of the property within the city. Nothing herein contained, however, shall be construed to prevent the city council, in its discretion, from creating a debt service fund out of any surplus tax moneys, to care for any long-term public improvement, or other public work or project. When the council shall decide to set any surplus moneys aside in a public fund, they shall so declare by resolution, defining the objects and purposes of the said fund, and when once set aside said fund shall be used only for the purpose for which it was expressly and especially appropriated.
Sec. 6. Section 14 of Article XIV of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 469, Statutes of Nevada 1965, at page 1262, is hereby amended to read as follows:
Section 14. 1. Until July 1, 1967, the mayor and councilmen shall receive the salaries as prescribed by ordinance pursuant to the provisions of section 2.06 of Article II and section 3.03 of Article III, respectively. In December 1966 and in December of every 4 years thereafter the city council shall enact an ordinance the provisions of which shall become effective the following July 1 and by the terms of which the salaries of the mayor and councilmen shall be fixed for a 4-year period beginning the following July 1.
κ1971 Statutes of Nevada, Page 349 (CHAPTER 247, SB 433)κ
council shall enact an ordinance the provisions of which shall become effective the following July 1 and by the terms of which the salaries of the mayor and councilmen shall be fixed for a 4-year period beginning the following July 1. After enactment such ordinance shall not be amended so as to increase or decrease the salary of the mayor or councilmen during the 4-year period.
2. The fees, salaries or other compensation of all appointive officers of the city, such as the police chief, chief of the fire department, director of the department of finance and director of the department of public works, and any other head of a department shall be fixed by resolution adopted by the city council.
3. The compensation of all other city employees shall be fixed by motion of the city council.
4. All claims for fees, salaries, and all expenses necessarily incurred in carrying on the legitimate purposes and properly administering the duties of the city government, and all claims against the city, wherever the nature of such claims will permit, shall be filed with the city clerk and acted upon by the council at the first regular meeting thereafter of each and every month, and the council shall consider and allow or reject the same in the order as presented and filed, and the record of their action shall be entered upon the journal. Upon allowance in whole or in part of any claim, by the majority of the council, the city clerk shall certify all such claims or portions allowed, as the case may be. All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limited in paragraph (b) of subsection 5 of NRS 11.190.
Sec. 7. Article XIV of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended, is hereby amended by adding thereto a new section designated section 14.10, which shall immediately follow section 14.09, and shall read as follows:
Section 14.10. As used in this charter city treasurer means the director of the department of finance.
Sec. 8. Section 15.01 of Article XV of the above-entitled act, 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:
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).
κ1971 Statutes of Nevada, Page 350 (CHAPTER 247, SB 433)κ
amount, except for constitutional limitations, and from any other revenues of the city other than tax proceeds available therefor (hereafter sometimes referred to in this section as other revenues of the city). Their payment may be additionally secured by a specific pledge of other revenues of the city, or part thereof (subject to any prior pledges), and the council may cause to be deposited such other revenues of the city so pledged in any fund or funds created to pay the securities or created additionally to secure their payment.
3. The council may directly pledge other revenues of the city, or any part thereof (subject to the prior payment of the operation and maintenance expenses, if any, incurred by the city or its instrumentalities in producing such revenues and to any other prior pledges) for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the special obligations of the city payable directly from the other revenues of the city so pledged, and their payment may be additionally secured by a specific pledge of tax proceeds to be utilized in such amounts and in such manner as the council may determine. Securities issued pursuant to this subsection 3 or the next-preceding subsection 2 of this section 15.01 shall not be construed to be a debt within the meaning of any statutory or charter limitation.
4. (a) Each series of securities shall be authorized by ordinance and shall bear such date or dates, shall be in such convenient denomination or denominations, shall mature at any time or times from and after such date or dates, but in no event exceeding 35 years thereafter, and shall bear interest at a rate or rates not exceeding 7 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons appertaining to any securities may represent interest for any period not in excess of 1 year, as may be prescribed by the authorizing ordinance; and such securities and any coupons shall be payable in such medium of payment at any banking institution, the office of the [city treasurer] director of the department of finance 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.
(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.
κ1971 Statutes of Nevada, Page 351 (CHAPTER 247, SB 433)κ
(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 CodeInvestment Securities.
(g) Notwithstanding any other provision of law, the council, in any proceedings authorizing securities hereunder:
(1) May provide for the initial issuance of one or more securities (in this paragraph (g) called bond) aggregating the amount of the entire issue or any portion thereof.
(2) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(3) May provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
(4) May make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into securities of smaller denominations, which securities of smaller denominations may in turn be either coupon securities or securities registrable as to principal, or both principal and interest, at the option of the holder.
(h) If lost or completely destroyed, any security may be reissued in the form and tenor of the lost or destroyed security upon the owners furnishing, to the satisfaction of the council:
(1) Proof of ownership.
(2) Proof of loss or destruction.
(3) A surety bond in twice the face amount of the security and coupons.
(4) Payment of the cost of preparing and issuing the new security.
(i) Any security shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the [treasurer,] director of the department of finance, 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.]
κ1971 Statutes of Nevada, Page 352 (CHAPTER 247, SB 433)κ
interest, interest coupons payable to bearer shall be attached to the securities and shall bear the original or facsimile signature of the [treasurer.] director of the department of finance.
(k) Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any security or coupon herein authorized, provided that such a filing is not a condition of the valid execution with a facsimile signature of any interest coupon, and provided that at least one signature required or permitted to be placed on each security (excluding any interest coupon) shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
(l) The clerk may cause the seal of the municipality to be printed, engraved, stamped or otherwise placed in facsimile on any security. The facsimile seal has the same legal effect as the impression of the seal.
(m) The securities and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the city, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
(n) Any officer herein authorized or permitted to sign any security, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the security or coupons pertaining thereto, or upon both the security and such coupons.
(o) The securities shall otherwise be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details as may be determined by the ordinance and shall be printed at such place or places, within or without the State of Nevada, as the council may determine.
5. Any ordinance authorizing the issuance of securities pursuant to subsection 2 or 3 of this section 15.01 or any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred hereby), in order to secure the payment of such securities, in agreement with the holders and owners of such securities, as to any one or more of the following:
(a) The service charges, and any taxes to be fixed, charged or levied, and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or commodities, or use of any revenue-producing project, prohibition against free service, the collection of penalties and collection costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the city, derived or to be derived, from any source.
(b) The acquisition, improvement or equipment of all or any part of any revenue-producing project.
(c) The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any securities or of operation and maintenance expenses of any revenue-producing project, or part thereof, and the source, custody, security, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto.
κ1971 Statutes of Nevada, Page 353 (CHAPTER 247, SB 433)κ
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 insured moneys, the acquisition of completion or surety bonds, appertaining to any project or funds, or both, and the use and disposition of any proceeds of such securities.
(j) Books of account, the inspection and audit thereof, and other records appertaining to a revenue-producing project herein authorized.
(k) The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of a revenue-producing project or any securities having or which may have a lien on any part of any revenues of the project.
(l) Limitations on the powers of the city to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with any revenue-producing project.
(m) The vesting in a corporate or other trustee or trustees of such property rights, powers and duties in trust as the city may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the holders of securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.
(n) The payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities.
κ1971 Statutes of Nevada, Page 354 (CHAPTER 247, SB 433)κ
(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.
7. Except as hereinafter provided, the question of the issuance of such securities shall be submitted to, and carried by a majority vote of, 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.
κ1971 Statutes of Nevada, Page 355 (CHAPTER 247, SB 433)κ
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. 9. Section 19.04 of Article XIX of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as added by chapter 463, Statutes of Nevada 1959, and amended by chapter 347, Statutes of Nevada 1963, at page 709, is hereby amended to read as follows:
Section 19.04. The chief of police, the chief of the fire department, the director of the department of public works, the director of the department of finance and the head of any other department to which the provisions of this article are applicable shall maintain at all times in full force and effect and in operation within his respective department the rules and regulations adopted by the commission and applicable to such department. Such rules and regulations, in the discretion of the commission, may provide for regular efficiency reports upon the members of any department, for courses, tests or examinations to be required within the department, and for any other act or thing necessary or desirable to bring about advancement or promotion within the department of the members thereof, according to merit, to bring about efficiency within the department so that it may be better qualified to serve the public, and to bring about a full and complete operation within the department of the civil service system.
Sec. 10. Section 19.18 of Article XIX of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as added by chapter 463, Statutes of Nevada 1959, and last amended by chapter 469, Statutes of Nevada 1965, at page 1264, is hereby amended to read as follows:
Section 19.18. This article shall apply to all employees of the city of Sparks, except the following: elected officials of the city, the city manager, the director of the department of public works, the chief of police, the chief of the fire department, the director of the department of parks and recreation, the director of the department of finance and those temporary employees mentioned in section 19.06 of this article; provided, however, that any employee of the city who has been confirmed in his position by the city council and who receives and accepts appointment as chief of the fire department, chief of the police department, director of the department of parks and recreation, director of the department of finance or director of the department of public works shall, upon his removal from such office, be restored to his former position within the department; and provided further, that the foregoing proviso shall be construed as prospective only.
Sec. 11. Section 20.42 of Article XX of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as added by chapter 347, Statutes of Nevada 1963, at page 716, is hereby amended to read as follows:
κ1971 Statutes of Nevada, Page 356 (CHAPTER 247, SB 433)κ
Section 20.42. Treasurer means the [city clerk or ex officio city treasurer] director of the department of finance, upon whom is delegated by law general responsibility for the maintenance of the moneys and other funds of the city.
Sec. 12. This act shall become effective upon passage and approval.
________
Senate Bill No. 347Committee on Judiciary
CHAPTER 248
AN ACT relating to chiropractic; expanding the meaning of unprofessional conduct; and making certain changes in the license application and renewal procedure.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 634.010 is hereby amended to read as follows:
634.010 As used in this chapter:
1. Board means the Nevada state board of chiropractic examiners.
2. Chiropractic is defined to be the science, art and practice of palpating and adjusting the articulations of the human body by hand, the use of physiotherapy, hygienic, nutritive and sanitary measures and all methods of diagnosis.
3. Unprofessional conduct means:
(a) Obtaining a certificate upon fraudulent credentials or gross misrepresentation.
(b) Procuring, or aiding or abetting in procuring, criminal abortion.
(c) Obtaining a fee on assurance that a manifestly incurable disease can be permanently cured.
(d) Advertising chiropractic business in which grossly improbable statements are made [.] , advertising in any manner that will tend to deceive, defraud or mislead the public or preparing, causing to be prepared, using or participating in the use of any form of public communication that contains professionally self-laudatory statements calculated to attract lay patients. As used in this paragraph, public communication includes, but is not limited to, communications by means of television, radio, newspapers, books and periodicals, motion picture, handbills or other printed matter. Nothing contained in this paragraph shall be construed to prohibit the direct mailing of informational documents to former or current patients.
(e) Willful disobedience of the law, or of the rules and regulations of the state board of health, or of the rules and regulations of the Nevada state board of chiropractic examiners.
(f) Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction shall be conclusive evidence of unprofessional conduct.
(g) Administering, dispensing or prescribing any drug.
κ1971 Statutes of Nevada, Page 357 (CHAPTER 248, SB 347)κ
(h) Conviction or violation of any federal or state law regulating the possession, distribution or use of any narcotic drug. The record of conviction shall be conclusive evidence of unprofessional conduct.
(i) Habitual intemperance or excessive use of cocaine, morphine, codeine, opium, heroin, alpha eucaine, beta eucaine, novocaine or chloral hydrate, or any of the salts, derivatives or compounds of the foregoing substances, or of alcohol or alcoholic beverages, or of any habit-forming drug or substance.
(j) Control unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.
(k) Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter.
(l) Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice chiropractic under this chapter.
4. Unless the context otherwise requires, the masculine gender shall include the feminine gender, and the singular number shall include the plural number.
Sec. 2. NRS 634.080 is hereby amended to read as follows:
634.080 1. An applicant for examination in March of any year shall file an application prior to February 15 of such year. An applicant for examination in September of any year shall file an application prior to August 15 of such year.
2. Applications shall be filed [in triplicate] with the secretary of the board on forms to be furnished by the secretary.
3. Applications shall be verified and shall state the following:
(a) When and where the applicant was born and the various places of his residence, and shall give at least two references in each place in which he has resided since attaining the age of 21 years.
(b) The name, age, sex and place of residence of the applicant.
(c) The names and post office addresses of all persons by whom such applicant has been employed for a period of 5 years immediately preceding the making of the application.
(d) Whether or not the applicant has ever applied for a license to practice chiropractic in any other state; if so, when and where and the results thereof.
(e) If a naturalized citizen, and when and where naturalized.
(f) How long the applicant has resided in the State of Nevada; whether the applicant is a bona fide resident of Nevada, or whether he came to Nevada for the sole purpose of being admitted to the practice of chiropractic.
(g) Whether or not the applicant has ever been admitted to the practice of chiropractic in any other state; if so, and he has been licensed to practice chiropractic in another state, he shall state whether any discharge, dismissal, disciplinary or other proceedings of a like nature have ever been instituted against him. Such applicant shall also attach a certificate of the secretary of the board of chiropractic examiners of the state in which the applicant was last licensed, certifying that the applicant is a member in good standing of the chiropractic profession in that state, and that no proceedings affecting his standing as a chiropractor are undisposed of and pending.
κ1971 Statutes of Nevada, Page 358 (CHAPTER 248, SB 347)κ
member in good standing of the chiropractic profession in that state, and that no proceedings affecting his standing as a chiropractor are undisposed of and pending.
(h) The applicants general and chiropractic education, including the schools attended and the time of attendance at each school, and whether or not he is a graduate of any school or schools.
Sec. 3. NRS 634.130 is hereby amended to read as follows:
634.130 Every person holding a valid license in the State of Nevada shall renew such license each year by paying a renewal fee of not less than $15 or more than $25. A licensee in active or part-time practice within this state must submit satisfactory proof to the board that he has attended at least one 2-day educational seminar approved or endorsed by the board [.] , with the exception of a licensee who has reached the age of 70 years. The educational requirement of this section may be waived by the board if the licensee files with the board a statement of a chiropractic physician, osteopathic physician and surgeon or doctor of medicine certifying that the licensee is suffering from serious or disabling illness or physical disability which prevented him from attending the required educational seminar during the 12 months immediately preceding the annual licensing renewal date.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 556Committee on Health and Welfare
CHAPTER 249
AN ACT eliminating the requirement that the state board of health meet in Carson City and specifying that meetings shall be held in January and July of each year.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 439.060 is hereby amended to read as follows:
439.060 1. The state board of health shall meet [at Carson City, Nevada, on the 2nd Tuesday] in January and [the 2nd Tuesday] in July in each year.
2. The state board of health shall hold such special meetings as may be called by the chairman. A special meeting shall be called whenever requested by the state health officer or by two members of the board.
3. Three members shall constitute a quorum, but a concurrence of at least a majority of the members of the board shall be required on all questions.
________
κ1971 Statutes of Nevada, Page 359κ
Assembly Bill No. 130Messrs. Lowman, Ashworth, McKissick, Torvinen, Olsen, Swallow, Frank Young, Smith and Wilson
CHAPTER 250
AN ACT relating to narcotic and other drugs; establishing the amount of such drugs needed to sustain the conviction of a prohibited action related to such drugs; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The amount of a narcotic drug needed to sustain a conviction of a person for an offense prohibited by this chapter is that amount necessary for identification as a narcotic drug by a witness qualified to make such identification.
Sec. 2. Chapter 454 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The amount of a drug needed to sustain a conviction of a person for an offense prohibited by NRS 454.180 to 454.465, inclusive, is that amount necessary for identification as such drug by a witness qualified to make such identification for the prosecution and a witness qualified to make such identification for the defense.
________
Assembly Bill No. 194Mr. Torvinen
CHAPTER 251
AN ACT relating to crimes and punishments; adopting a credit card crime act; providing penalties; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 23, inclusive, of this act.
Sec. 2. As used in sections 2 to 23, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in sections 3 to 8, inclusive, of this act.
Sec. 3. Cardholder means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer.
Sec. 4. Credit card means any instrument or devise, whether known as a credit card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.
κ1971 Statutes of Nevada, Page 360 (CHAPTER 251, AB 194)κ
Sec. 5. Expired credit card means a credit card which is no longer valid because the term shown on it has elapsed.
Sec. 6. Issuer means the business organization, financial institution or a duly authorized agent of a business organization or financial institution which issues a credit card.
Sec. 7. Receives or receiving means acquiring possession or control or accepting as security for a loan.
Sec. 8. Revoked credit card means a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer.
Sec. 9. Any person who, for the purpose of procuring the issuance of a credit card, makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false, with intent that it be relied on respecting his identity or financial condition or the identity or financial condition of any other person, firm or corporation is guilty of a gross misdemeanor.
Sec. 10. 1. Any person who steals, takes or removes a credit card from the person, possession, custody or control of another without the cardholders consent or who, with knowledge that a credit card has been so taken, removed or stolen receives the credit card with intent to circulate, use or sell it or to transfer it to a person other than the issuer or the cardholder is guilty of a gross misdemeanor.
2. Any person who has in his possession or under his control credit cards issued in the names of two or more other persons is presumed to have obtained such credit cards in violation of this section. The presumption established by this subsection does not apply to the possession of a credit card or cards used in the regular course of the possessors business or employment.
Sec. 11. A person is guilty of a gross misdemeanor who:
1. Receives a credit card that he knows was lost or mislaid by another person or was delivered under a mistake as to the identity or address of the cardholder; and
2. Retains possession with intent to use or sell it or to transfer it to a person other than the issuer or the cardholder.
Sec. 12. Any person, except the issuer, who sells a credit card, or any person who buys a credit card from a person other than the issuer is guilty of a gross misdemeanor.
Sec. 13. Any person who, with intent to defraud, obtains control over a credit card as security for debt is guilty of a gross misdemeanor.
Sec. 14. Any person, except the issuer, who during any 12-month period receives credit cards issued in the names of two or more persons and who has reason to know that such credit cards were taken or retained in violation of sections 10 to 13, inclusive, of this act is guilty of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 15. 1. A person who, with intent to defraud, falsely makes or falsely embosses a purported credit card or utters such a credit card is guilty of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ1971 Statutes of Nevada, Page 361 (CHAPTER 251, AB 194)κ
2. A person, except the purported issuer, who possesses two or more credit cards which are falsely made or falsely embossed is presumed to have violated this section.
3. For the purpose of this section:
(a) A person falsely makes a credit card when he alters a validly issued credit card or makes or draws, in whole or in part, a device or instrument which purports to be the credit card of a named issuer where the issuer did not authorize the making or drawing.
(b) A person falsely embosses a credit card when, without the authorization of the named issuer, he completes a credit card by adding any matter, except the signature of the cardholder, which the issuer requires to appear on the credit card before the credit card can be used by a cardholder.
Sec. 16. Any person, except the cardholder or a person authorized by the cardholder, who signs a credit card, sales slip, sales draft or instrument for the payment of money which evidences a credit card transaction with intent to defraud is guilty of a gross misdemeanor. A person who possesses two or more credit cards which are so signed is presumed to have violated this section.
Sec. 17. 1. Any person who, with intent to defraud:
(a) Uses a credit card for the purpose of obtaining money, goods, property, services or anything of value where such credit card was obtained or retained in violation of sections 10 to 16, inclusive, of this act or where such person knows the credit card is forged, expired or revoked; or
(b) Obtains money, goods, property, services or anything else of value by representing, without the consent of the cardholder, that he is the authorized holder of a specified card or that he is the holder of a card where such card has not in fact been issued,
is guilty of a public offense and shall be punished as provided in subsection 2.
2. Where the amount of money or the value of the goods, property, services or other things of value so obtained in any 6-month period is:
(a) $100 or more, the violator shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) Less than $100, the violator shall be punished for a misdemeanor.
3. A person is presumed to have knowledge of the revocation of a credit card 4 days after notice of the revocation has been mailed to him by registered or certified mail, return receipt requested, at the address set forth on the credit card or at his last-known address. If the address is more than 500 miles from the place of mailing, notice shall be sent by airmail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone and Canada, notice shall be presumed to have been received 10 days after such mailing.
Sec. 18. Any person authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder, or an agent or employee of such authorized person, who, with intent to defraud, furnishes money, goods, property, services or anything else of value upon presentation of a credit card which such person, employee or agent knows was obtained or retained in violation of sections 10 to 16, inclusive, of this act or is forged, expired or revoked is guilty, where the amount of money or the value of the goods, property, services or other things of value so furnished in any 6-month period is:
κ1971 Statutes of Nevada, Page 362 (CHAPTER 251, AB 194)κ
where the amount of money or the value of the goods, property, services or other things of value so furnished in any 6-month period is:
1. $100 or more, of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Less than $100, of a misdemeanor.
Sec. 19. Any person authorized by an issuer to furnish money, goods, property, services or anything of value upon presentation of a credit card by the cardholder, or an agent or employee of such authorized person, who, with intent to defraud, misrepresents to the issuer the value of the goods he furnishes or who fails to furnish money, goods, property, services or anything else of value which he represents in writing to the issuer that he has furnished is guilty, where in any 6-month period the difference between the amount of money or the value of the goods, property, services or other things of value actually furnished and the amount or value which was represented to the issuer to have been furnished is:
1. $100 or more, of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Less than $100, of a misdemeanor.
Sec. 20. 1. Any person, except the cardholder, who possesses two or more incomplete credit cards with intent to complete them without the consent of the issuer, or any person who, with knowledge of its character, possesses machinery, plates or any other contrivance designed to produce instruments which purport to be the credit cards of an issuer who has not consented to the preparation of such credit cards is guilty of a gross misdemeanor.
2. As used in this section, a credit card is incomplete if part of the matter, except the signature of the cardholder, required by an issuer to appear on the credit card has not yet been stamped, embossed, imprinted or written on the credit card.
Sec. 21. 1. Any person who receives money, property, goods, services or anything of value obtained in violation of section 17 of this act, knowing or believing that the money, property, goods, services or other things of value were so obtained, is guilty, where the amount of money or the value of the property, goods, services or other things of value received by such person is:
(a) $100 or more, of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(b) Less than $100, of a misdemeanor.
2. Any person who obtains at a discount price from a source other than the issuing company a ticket issued by an airline, railroad, steamship or other transportation company which was acquired in violation of section 17 of this act under such circumstances as to cause a reasonable man to believe he had obtained such ticket in violation of this act is presumed to know that such ticket was acquired in violation of section 17 of this act.
Sec. 22. In any prosecution for violation of sections 2 to 21, inclusive, of this act, the state is not required to establish and it is no defense that:
1. An accessory has not been convicted, apprehended or identified; or
κ1971 Statutes of Nevada, Page 363 (CHAPTER 251, AB 194)κ
2. Some of the acts constituting elements of the crime did not occur in this state or that where such acts did occur they were not a crime or elements of a crime.
Sec. 23. Where sections 2 to 22, inclusive, of this act establish a presumption with respect to any fact which is an element of a crime, such presumption has the following consequences:
1. If there is sufficient evidence of the facts which give rise to the presumption to go to the jury, the issue of the existence of the presumed fact must be submitted to the jury, unless the court is satisfied that the evidence as a whole clearly negatives the presumed fact; and
2. If the issue of the existence of the presumed fact is submitted to the jury, the court shall inform the jury that while the presumed fact must, on all the evidence, be proved beyond a reasonable doubt, the law declares that the jury may regard the facts giving rise to the presumption as sufficient evidence of the presumed fact.
Sec. 24. NRS 205.500 is hereby repealed, effective upon passage and approval of this act, but shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for any violation thereof committed prior to the effective date of this act.
Sec. 25. This act shall become effective upon passage and approval.
________
Assembly Bill No. 146Mr. McKissick
CHAPTER 252
AN ACT relating to jurisdiction of the district court over minor children in divorce actions; permitting modification of an order of the court in certain cases; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 125.140 is hereby amended to read as follows:
125.140 1. The court, in granting a divorce, shall make such disposition of, and provision for, the children, as shall appear most expedient under all the circumstances, and most for the present comfort and future well-being of such children.
2. In actions for divorce the court may, during the pendency of the action, or at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such order for the custody, care, education, maintenance and support of such minor children as may seem necessary or proper, and may at any time modify or vacate the same [.] , even if the divorce was obtained by default without an appearance in the action by one of the parties. The party seeking such order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor.
________
κ1971 Statutes of Nevada, Page 364κ
Assembly Bill No. 261Committee on Agriculture
CHAPTER 253
AN ACT relating to weights and measures; promulgating rules, regulations and enforcement for denoting price per single unit of weight, measure or count on all commodities in package form; redefining state standards of weights and measures; providing penalties; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 581 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Any commodity in package form, the package being one of a lot containing random weights, measures or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure or count.
Sec. 3. 1. Whenever a commodity in package form is advertised in any manner with the stated retail price of the package, there shall be a declaration closely and conspicuously associated with the statement of price as to the basic quantity of contents of the package as is required by law or regulation to appear on the package.
2. Where a law or regulation requires a dual declaration of net quantity to appear on the package, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure (the declaration that is required to appear first and without parentheses on the package) need appear in the advertisement.
3. The declaration shall not include any qualifying terms such as when packed, minimum, not less than or any term qualifying a unit of weight, measure or count that tends to exaggerate the amount of commodity in the package, such as jumbo, giant or full.
Sec. 4. NRS 581.110 is hereby amended to read as follows:
581.110 [The weights and measures received from the United States under joint resolutions of Congress approved June 14, 1836, and July 27, 1866, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto and in renewal thereof, and such weights and measures in conformity therewith as shall be supplied by the state, shall, when the same shall have been certified by the National Bureau of Standards, be the state standards of weights and measures.] 1. The state standards of weights and measures shall be such weights and measures, in conformity with the standards of the United States, as have been supplied to the state by the Federal Government or otherwise obtained by the state for use as state standards. Such standards shall have been approved as being satisfactory for use as such by the National Bureau of Standards.
2. The state standards shall be kept in a safe and suitable place in a laboratory as provided in NRS 561.305 and shall not be removed from the laboratory except for repairs or for calibration and approval.
κ1971 Statutes of Nevada, Page 365 (CHAPTER 253, AB 261)κ
Sec. 5. NRS 581.120 is hereby amended to read as follows:
581.120 [1. In addition to the state standards of weights and measures provided for in NRS 581.110, there shall be supplied by the state at least one complete set of copies of these, to be kept at all times in the office of the state sealer of weights and measures, and to be known as office standards; and such other weights, measures and apparatus as may be found necessary to carry out the provisions of this chapter, to be known as working standards.
2. Such weights, measures and apparatus shall be verified by the state sealer of weights and measures, or his deputies or inspectors at his direction, upon their initial receipt, and at least once in each year thereafter, the office standards by direct comparison with the state standards, the working standards by comparison with the office standards. When found accurate upon these tests, the office and working standards shall be sealed by stamping on them the letters NEV. and, in the case of working standards, the last two figures of the year, with seals which the state sealer of weights and measures shall have and keep for that purpose.
3. The office or working standards shall be used in making all comparisons of weights, measures and weighing or measuring devices submitted for tests in the office of the state sealer of weights and measures, and the state standards shall be used only in verifying the office standards for scientific purposes.] In addition to the state standards provided for in NRS 581.110, there shall be supplied by the state such office and field standards and such equipment as may be found necessary to carry out the provisions of this chapter. The office and field standards shall be verified upon their initial receipt and, thereafter, as often as deemed necessary by the state sealer of weights and measures by comparison with the state standards.
Sec. 6. NRS 581.320 is hereby amended to read as follows:
581.320 1. All fluid dairy products, including cream [, sour cream] and buttermilk, shall be packaged for retail sale only in units of 1 gill or less, one-half liquid pint, 10 fluid ounces, 1 liquid pint, 1 liquid quart, one-half gallon, 1 gallon, 1 1/2 gallons, 2 gallons, 2 1/2 gallons or multiples of 1 gallon. Containers used for the sale of such products shall be marked upon the side of each container with its capacity. The name, initial or trademark of the manufacturer shall be marked upon the side or bottom.
2. This section does not apply to eating establishments serving milk in glasses with meals.
Sec. 7. NRS 581.380 is hereby amended to read as follows:
581.380 1. It shall be unlawful for any person to sell or offer to sell any butter or renovated or processed butter, or oleomargarine, in any other manner than by weight.
2. It shall be unlawful for any person to put up, pack, or keep for the purpose of sale, offer or expose for sale, or sell any butter or renovated or processed butter, or oleomargarine, in the form of prints, bricks or rolls in any other than the following sizes: One-quarter pound, one-half pound, 1 pound, and 1 1/2 pounds, or multiples of 1 pound. [Each print, brick or roll shall bear a definite, plain and conspicuous statement of its true net weight on the principal label, where there be such a label, otherwise, on the outside wrapper thereof.
κ1971 Statutes of Nevada, Page 366 (CHAPTER 253, AB 261)κ
otherwise, on the outside wrapper thereof. Such statement shall be in gothic type not less than one-quarter inch square.]
Sec. 8. NRS 581.420 is hereby amended to read as follows:
581.420 Every person who makes any misrepresentation regarding the weight, amount, measure, quantity, quality, price or ingredients of any goods, wares or merchandise, or personal property, for the purpose of selling the same, or while selling or offering the same for sale, is guilty of a misdemeanor. If the value of any goods, wares or merchandise, or personal property sold under such misrepresentation shall exceed $1,000, the person so making the misrepresentation is guilty of a gross misdemeanor.
Sec. 9. NRS 581.450 is hereby amended to read as follows:
581.450 1. Except as otherwise provided in this chapter, any person who violates any of the provisions of this chapter or any of the rules or regulations lawfully promulgated under the provisions of this chapter shall be guilty of a misdemeanor.
2. Any person who violates any of the provisions of this chapter or any of the rules or regulations lawfully promulgated under the provisions of this chapter shall also be liable in damages to the person injured by his violation in treble the amount of the property wrongfully taken or not given, and $20 in addition thereto, to be recovered in a court of competent jurisdiction.
3. The selling and delivery of any commodity or article of merchandise shall be prima facie evidence of the representation on the part of the vendor that the quantity sold and delivered was the quantity bought by the vendee.
Sec. 10. NRS 581.130 is hereby repealed.
________
Assembly Bill No. 303Mr. Roy Young
CHAPTER 254
AN ACT limiting actions against professional persons; setting time limits for bringing actions for negligence, rendering services without consent, and errors and omissions; defining conditions when time is tolled; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 11 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No action for injury or death against a physician or surgeon, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, osteopath, chiropractor, clinical laboratory bioanalyst, clinical laboratory technologist, veterinarian or a licensed hospital as the employer of any such person shall be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:
κ1971 Statutes of Nevada, Page 367 (CHAPTER 254, AB 303)κ
the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:
(a) Injury to or wrongful death of a person, based upon such persons alleged professional negligence; or
(b) Injury to or wrongful death of a person for rendering professional services without consent; or
(c) Injury to or wrongful death of a person for error or omission in such persons practice.
2. This time limitation shall be tolled for any period during which such person has concealed any act, error or omission upon which such action is based and which is known or through the use of reasonable diligence should have been known to him.
________
Assembly Bill No. 343Messrs. May, Branch, Hilbrecht, Mrs. Brookman, Messrs. Olsen, Bryan, Dreyer and Schofield
CHAPTER 255
AN ACT relating to mechanics liens; adjusting time requirements for perfecting liens.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.226 is hereby amended to read as follows:
108.226 1. Every person claiming the benefit of NRS 108.221 to 108.2394, inclusive, shall record his notice of lien in the form provided in subsection 4, and shall do so:
(a) Before the lapse of 90 days after the completion of the work of improvement; or
(b) Before the lapse of 90 days after the last delivery of material by the lien claimant; or
(c) Before the lapse of 90 days after the last performance of labor by the lien claimant,
whichever of the time periods provided in this subsection is the last to expire.
2. The time within which to perfect the lien by recording of the notice of lien is shortened if the provisions of NRS 108.228 are complied with and a notice of completion is timely recorded, in which event such notice of lien must be recorded within [30] 40 days immediately following the recording of the notice of completion.
3. Any one of the following acts or events is equivalent to completion of the work of improvement for all purposes of NRS 108.221 to 108.2394, inclusive:
(a) The occupation or use of a building, improvement or structure by the owner, his agent or his representative and accompanied by cessation of labor thereon.
κ1971 Statutes of Nevada, Page 368 (CHAPTER 255, AB 343)κ
(b) The acceptance by the owner, his agent or his representative of the building, improvement or structure.
(c) The cessation from labor for 30 days upon any building, improvement or structure, or the alteration, addition to or repair thereof.
(d) The recording of the notice of completion provided in NRS 108.228.
4. The notice of mechanics lien shall be recorded in the office of the county recorder of the county where the property or some part thereof is situated and shall contain:
(a) A statement of his demand after deducting all just credits and offsets.
(b) The name of the owner or reputed owner if known.
(c) The name of the person by whom he was employed or to whom he furnished the material.
(d) A statement of the terms, time given and conditions of his contract.
(e) A description of the property to be charged with the lien sufficient for identification.
5. The claim must be verified by the oath of the claimant or some other person. The claim need not be acknowledged to be recorded.
________
Assembly Bill No. 369Committee on Environment and Public Resources
CHAPTER 256
AN ACT relating to the Nevada bureau of mines, changing the name of the bureau of mines of the State of Nevada to the bureau of mines and geology of the State of Nevada and placing it in the public service division of the University of Nevada; changing the qualifications of its director; revising the objectives of the bureau; allowing the bureau to retain certain moneys for specified purposes; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 396.600 is hereby amended to read as follows:
396.600 The public service division of the University of Nevada System shall consist of the following public service departments:
1. State analytical laboratory.
2. Agricultural extension.
3. Agricultural experiment station.
4. Bureau of mines and geology.
5. Such other departments as the board of regents may designate.
Sec. 2. NRS 514.010 is hereby amended to read as follows:
514.010 There is hereby established a bureau of mines and geology of the State of Nevada, which shall be in the public service division of the University of Nevada System. [under the direction of the board of regents of the University of Nevada.]
κ1971 Statutes of Nevada, Page 369 (CHAPTER 256, AB 369)κ
Sec. 3. NRS 514.030 is hereby amended to read as follows:
514.030 1. The board of regents shall appoint as director a competent [mining engineer] scientist or engineer, who shall be a graduate of a recognized college or university with a degree in some branch of earth science or mineral engineering to be known as the director of the bureau of mines [.] and geology.
2. Upon the directors nomination, the board of regents shall employ such assistants and employees as the board shall deem necessary.
3. The board of regents may also determine the compensation of all persons employed by the bureau of mines [,] and geology, and may remove them at will.
Sec. 4. NRS 514.040 is hereby amended to read as follows:
514.040 The bureau of mines [shall:
1. Serve as a bureau of information and exchange on Nevada mining.
2. By questionnaire or otherwise, conduct a thorough mineral survey of the state, and catalog each mineral deposit survey of the state and occurrence, both metallic and nonmetallic, of whatever nature, together with its location and the name and address of the discoverer, owner or agent. The bureau of mines shall make an analysis of the same and determine its constituent parts only, for the prospector or owner when so requested.
3. Collect a library of bibliography of all literature pertaining to Nevada mining and geology.
4. Collect typical geological and mineralogical specimens. Collections of geological and mineralogical specimens may be maintained and displayed elsewhere within or without the state.
5. Provide for the education of the miner and prospector through lectures and publications.
6. Collect models, drawings and descriptions of appliances used in mining and metallurgical work.
7.] and geology shall:
1. Serve as a bureau of information and exchange on Nevada mineral industry, mineral resources and geology.
2. By questionnaire, field investigations, laboratory studies or otherwise, conduct a thorough survey of the mineral resources and geology of the state.
3. Apply geologic engineering principles to problems of conservation, environment, construction, mineral industry and other scientific matters that may be of importance to the welfare of the state.
4. Make studies of mineral materials to determine the most economical and practical methods of concentrating and processing these resources and to promote their conservation.
5. Collect, in collaboration with the Mackay school of mines, a library and bibliography of all literature pertaining to Nevada mineral industry, geology and mineral resources.
6. Collect, in collaboration with the Mackay school of mines, typical geological and mineralogical specimens and models, drawings and descriptions of appliances used in the mineral industry and earth science. Collections of these materials may be maintained and displayed elsewhere within or without the state.
κ1971 Statutes of Nevada, Page 370 (CHAPTER 256, AB 369)κ
7. Provide for the dissemination of information on the mineral industry, geology and mineral resources of the state through lectures and publications.
8. Consult with, advise and assist state and local governmental agencies on geological problems of importance to the citizens of Nevada.
9. Consider such other kindred scientific and economic questions as in the judgment of the board of regents shall be deemed of value to the people of the state.
Sec. 5. NRS 514.050 is hereby amended to read as follows:
514.050 All departments of the state government shall render full cooperation to the bureau of mines and geology in the acquisition and compilation of all data required by NRS 514.040.
Sec. 6. NRS 514.060 is hereby amended to read as follows:
514.060 1. The director of the bureau of mines [,] and geology, for and on behalf of the State of Nevada, with the approval of the governor, is authorized to enter into agreements with the United States Geological Survey for cooperation in investigating mineral and geological conditions within the state and in the topographic and geologic mapping of Nevada. The expenses of such work shall be divided between the parties upon a basis whereby the State of Nevada will not pay more than 50 percent of such expenses.
2. Funds to carry out the provisions of this section shall be provided by direct legislative appropriation from the general fund.
3. All claims against such appropriated funds shall be approved by the director of the bureau of mines [,] and geology, and, when thereafter approved by the state board of examiners, shall be paid in the same manner as other claims against the state.
Sec. 7. NRS 514.070 is hereby amended to read as follows:
514.070 1. The board of regents shall cause to be prepared before September 1 of each even-numbered year a report covering the biennium ending June 30 of such year, showing the progress and condition of the bureau of mines [,] and geology, together with such other information as the board may deem necessary or useful, or as the board may require.
2. The regular and special reports of the bureau of mines and geology shall be printed as the board of regents may direct, and the reports may be distributed or sold by the board as the interest of the state or science may demand. All moneys obtained by the sale of such reports shall be [paid into the state treasury.] retained by the bureau of mines and geology to be used for costs of printing and distribution as the board of regents may direct.
Sec. 8. NRS 514.080 is hereby amended to read as follows:
514.080 It shall be unlawful for the director or any attache of the bureau of mines [:] and geology:
1. To receive a commission or to act as agent or broker of or for any purchaser, owner, or his or their agents, of a mining property.
2. To act in any other than a wholly impartial way while so employed.
________
κ1971 Statutes of Nevada, Page 371κ
Assembly Bill No. 711Committee on Ways and Means
CHAPTER 257
AN ACT relating to state financial administration; providing that the fiscal analyst shall make a count of moneys and securities in the state treasury at least once every fiscal year; eliminating the requirement of a bond; clarifying the law defining actual money to be counted; and respecifying what information shall be contained on the affidavit of the fiscal analyst following the money count.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 353.060 is hereby amended to read as follows:
353.060 1. At least once every [3 months] fiscal year and as often as he may deem proper, the fiscal analyst shall count the money in the state treasury. The fiscal analyst shall not give the state treasurer any previous notice of the hour or day of the counting.
2. The state treasurer shall permit the money in the state treasury to be counted whenever the fiscal analyst may wish to make the counting, without delaying the counting on any pretense whatever.
Sec. 2. NRS 353.065 is hereby amended to read as follows:
353.065 [1.] The fiscal analyst shall count all moneys and securities in the state treasury belonging to the state, or to any department thereof, [and all moneys and securities of the Nevada industrial commission,] and all other moneys and securities of which the state treasurer is custodian.
[2. The fiscal analyst shall execute a surety bond, payable to the state, in the sum of $2,500, conditioned for the faithful performance of all duties which may be required of him by law.]
Sec. 3. NRS 353.070 is hereby amended to read as follows:
353.070 It shall be unlawful for the fiscal analyst to count as [cash or moneys] money in the state treasury anything but actual [money and cash in the state treasury, or moneys on deposit in depositary banks secured as provided by law.] checks pending deposit and currency in the custody of the state treasurer, or deposits in depositary banks.
Sec. 4. NRS 353.075 is hereby amended to read as follows:
353.075 1. When the count of state moneys, funds and securities is completed, the fiscal analyst shall make an affidavit and file the same in the office of the secretary of state. When filed with the secretary of state, the affidavit shall be and become a public record.
2. The affidavit shall show separately:
(a) The actual amount of money in the state treasury [, or] in the custody of the state treasurer. [, in cash.]
(b) The [amount of moneys] amounts on deposit in banks, listing each depositary bank and the amounts on deposit. [, and the securities therein.
(c) A complete itemized list of all securities deposited with the state treasurer, or in the state treasury, or of which the state treasurer is custodian, showing the person, firm, corporation, department or commission for whom the state treasurer holds such moneys, funds or securities.
κ1971 Statutes of Nevada, Page 372 (CHAPTER 257, AB 711)κ
3. A copy of the affidavit shall be mailed forthwith to every depositary bank in which the state treasurer has on deposit moneys of the state.]
(c) Lists of all state-owned securities in the state treasury which are in the custody of the state treasurer or in depositary banks.
(d) A statement of securities deposited with the state treasurer for safekeeping showing the total value of such securities, the department or commission for whom the state treasurer holds such securities, and the purpose for which the securities were obtained.
________
Assembly Bill No. 692Committee on Ways and Means
CHAPTER 258
AN ACT relating to the state treasurers reports; limiting the annual report to a fiscal year basis; and eliminating the requirement of monthly reports.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 226.120 is hereby amended to read as follows:
226.120 The state treasurer shall:
1. Annually, on July 1 or within 60 days thereafter, or within 60 days after the latest date in the succeeding fiscal year fixed by the legislature for the closing of accounts and final disposition of unexpended funds, deliver to the governor a full exhibit of all moneys received by him into and paid out of the treasury, for the fiscal year ending June 30, showing, under separate and appropriate heads, from what sources received and for what particular object or service the same has been paid out by him.
2. Give information, in writing, to either house of the legislature, whenever required, upon any subject connected with the treasury or any duty of his office.
Sec. 2. NRS 226.130 is hereby amended to read as follows:
226.130 1. The books, papers and transactions of the office of the state treasurer shall be open at all times for the inspection of the governor, the state controller, the state board of examiners, either house of the legislature, or of any committee thereof, or person authorized by law.
2. [The state treasurer shall report to the state controller, on or before the 10th day of each month, the complete operations of the treasury for the preceding month, specifying the amount of funds on deposit with commercial depositories.
3.] For any failure (except it be unavoidable) to comply with the provisions of this section, the state treasurer shall forfeit his office, and the governor shall declare the same vacant, and shall appoint a successor.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 373κ
Assembly Bill No. 777Committee on Ways and Means
CHAPTER 259
AN ACT redesignating the state general obligation bond commission fund in the state treasury as the state general obligation bond commission account in the general fund in the state treasury; and providing other matters properly relating thereto.
[Approved April 9, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 349.072 is hereby amended to read as follows:
349.072 There is hereby created in the general fund in the state treasury the state general obligation bond commission [fund] account to which moneys may be appropriated for the payment of incidental expenses pertaining to state securities and projects relating thereto.
Sec. 2. Any moneys appropriated by the 56th session of the legislature to the state general obligation bond commission fund are hereby deemed to have been appropriated to the state general obligation bond commission account in the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 488Mrs. Brookman, Messrs. Smalley, Bryan, Dreyer, Schofield, May, Branch, Olsen and Wilson
CHAPTER 260
AN ACT creating the aging services division in the department of health, welfare and rehabilitation; stating purposes and objectives, defining words and terms; specifying the functions, powers and duties of the aging services division and its administrator; creating an advisory committee; providing for cooperation with the Federal Government; prohibiting certain activities and providing penalties; and providing other matters properly relating thereto.
[Approved April 12, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 232.300 is hereby amended to read as follows:
232.300 1. The department of health, welfare and rehabilitation is hereby created.
2. The department shall consist of a director and the following divisions:
(a) Aging services division.
(b) Alcoholism division.
[(b)] (c) Childrens home division.
[(c)] (d) Health division.
[(d)] (e) Mental hygiene and mental retardation division.
[(e)] (f) Nevada girls training center division.
[(f)] (g) Nevada youth training center division.
κ1971 Statutes of Nevada, Page 374 (CHAPTER 260, AB 488)κ
[(g)] (h) Rehabilitation division.
[(h)] (i) Services to the blind division.
[(i)] (j) Welfare division.
Sec. 2. NRS 232.320 is hereby amended to read as follows:
232.320 The director shall:
1. Appoint, with the consent of the governor, a chief of each of the divisions of the department. The chief of the aging services division shall be known as the administrator of the aging services division, the chief of the alcoholism division shall be known as the administrator of the alcoholism division, the chief of the childrens home division shall be known as the superintendent of the Nevada state childrens home, the chief of the services to the blind division shall be known as the supervisor of services to the blind, the chief of the health division shall be known as the state health officer, the chief of the mental hygiene and mental retardation division shall be known as the administrator of the mental hygiene and mental retardation division, the chief of the Nevada girls training center division shall be known as the superintendent of the Nevada girls training center, the chief of the Nevada youth training center division shall be known as the superintendent of the Nevada youth training center, the chief of the rehabilitation division shall be known as the administrator of the rehabilitation division and the chief of the welfare division shall be known as the state welfare administrator.
2. Be responsible for the administration, through the divisions of the department, of the provisions of chapters 210, 422 to 427, inclusive, and 430 to 433, inclusive, of NRS, NRS 435.130 to 435.320, inclusive, chapters 436, 439 to 447, inclusive, 449, 450 and 615 of NRS, sections 5 to 17, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the department, but shall not be responsible for the clinical activities of the health division or the professional line activities of the other divisions.
3. Have such other powers and duties as provided by law.
Sec. 3. NRS 422.270 is hereby amended to read as follows:
422.270 The director, through the welfare division, shall:
1. Administer all public welfare programs of this state, including old-age assistance, blind assistance, aid to dependent children, general assistance, child welfare services, and such other welfare activities and services as now are or hereafter may be authorized or provided for by the laws of this state and vested in the welfare division.
2. Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal funds granted to the state to aid in the furtherance of any services and activities as set forth in subsection 1. [, including such federal funds granted to the state pursuant to 42 U.S.C. §§ 3001-3053.]
3. Make rules and regulations for the administration of this chapter which shall be binding upon all recipients and local units.
4. Monitor, explore and research the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting such needs, employing or contracting for such personnel and services as may be provided through legislative appropriations from the general fund or may become available through legislatively authorized or new funds from federal or other sources.
κ1971 Statutes of Nevada, Page 375 (CHAPTER 260, AB 488)κ
5. Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of such methods of administration as may be found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious utilization of new federal grants which will assist the division to fulfill the terms of this chapter.
6. Make all investigations required by a court in adoption proceedings as provided by law.
7. Establish reasonable minimum standards and regulations for foster homes, and shall license the same as provided by law.
8. Provide services and care to children, shall receive any child for placement, and shall provide for their care directly or through agents.
9. Cooperate and advise with the state welfare board and the superintendent of the Nevada state childrens home in such matters as may be referred to the welfare division by the state welfare board or the superintendent of the Nevada state childrens home.
10. Have the power to enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care.
Sec. 4. Title 38 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 5 to 17, inclusive, of this act.
Sec. 5. The legislature finds and declares that the older people of our state are entitled to receive, and it is the joint and several duty and responsibility of the state and local governments to provide, assistance to secure equal opportunity to the full and free enjoyment of the following objectives:
1. An adequate income in retirement.
2. The best possible physical and mental health which science can make available and without regard to economic status.
3. Suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford.
4. Full restorative services for those who require institutional care.
5. Opportunity for employment with no discriminatory personnel practices because of age.
6. Retirement in health, honor and dignity.
7. Pursuit of meaningful activity within the widest range of civic, cultural and recreational opportunities.
8. Efficient community services which provide social assistance in a coordinated manner and which are readily available when needed.
9. Immediate benefit from proven research knowledge which can sustain and improve health and happiness.
10. Freedom, independence and the free exercise of individual initiative in planning and managing their own lives.
Sec. 6. For the purposes of this chapter:
1. Administrator means the chief of the aging services division of the department of health, welfare and rehabilitation.
2. Department means the department of health, welfare and rehabilitation.
κ1971 Statutes of Nevada, Page 376 (CHAPTER 260, AB 488)κ
3. Director means the director of the department of health, welfare and rehabilitation.
4. Division means the aging services division of the department of health, welfare and rehabilitation.
Sec. 7. The provisions of this chapter shall be liberally construed to effect its stated purposes.
Sec. 8. The division shall:
1. Serve as a clearinghouse for information related to problems of the aged and aging.
2. Assist the director in all matters pertaining to problems of the aged and aging.
3. Develop plans, conduct and arrange for research and demonstration programs in the field of aging.
4. Provide technical assistance and consultation to political subdivisions with respect to programs for the aged and aging.
5. Prepare, publish and disseminate educational materials dealing with the welfare of older persons.
6. Gather statistics in the field of aging which other federal and state agencies are not collecting.
7. Stimulate more effective use of existing resources and available services for the aged and aging.
Sec. 9. The department, through the division, shall act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal funds granted to the state pursuant to the Older Americans Act of 1965 (42 U.S.C. §§ 3001-3053) as amended from time to time.
Sec. 10. The administrator shall be appointed on the basis of his education, training, experience and demonstrated abilities and of his interest in the problems of the aged and aging.
Sec. 11. 1. The administrator shall:
(a) Subject to the approval of the director, adopt rules and regulations necessary to carry out the purposes of this chapter;
(b) Establish appropriate administrative units within the division;
(c) Appoint such personnel and prescribe their duties as he deems necessary for the proper and efficient performance of the functions of the division;
(d) Prepare and submit to the governor, through the director, before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter;
(e) Make certification for disbursement of funds available for carrying out the purposes of this chapter; and
(f) Take such other action as may be necessary or appropriate for cooperation with public and private agencies and otherwise to carry out the purposes of this chapter.
2. The administrator may delegate to any officer or employee of the division such of his powers and duties as he finds necessary to carry out the purposes of this chapter.
Sec. 12. The department through the division shall make agreements, arrangements or plans to:
κ1971 Statutes of Nevada, Page 377 (CHAPTER 260, AB 488)κ
1. Cooperate with the Federal Government in carrying out the purposes of this chapter or of any federal statutes pertaining to the problems of the aged and aging and to this end may adopt such methods of administration as are found by the Federal Government to be necessary for the proper and efficient operation of such agreements, arrangements or plans; and
2. Comply with such conditions as may be necessary to secure the full benefits of such federal statutes.
Sec. 13. The division is authorized to comply with such requirements as may be necessary to obtain federal funds in the maximum amount and most advantageous proportion possible.
Sec. 14. 1. The state treasurer is designated as custodian of all moneys received from the Federal Government for carrying out the purposes of this chapter or any agreements, arrangements or plans authorized thereby.
2. The state treasurer shall make disbursements from such funds and from all state funds available for the purposes of this chapter upon certification by the designated official of the division.
Sec. 15. 1. The division is authorized and empowered to accept and use gifts made by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the administrator are proper and consistent with the provisions of this chapter may be held, invested, reinvested and used in accordance with the conditions of the gift.
2. All moneys received as gifts shall be deposited in the state treasury and shall constitute a permanent fund to be called the aging services gift fund. Such moneys may be invested, reinvested and used as provided in subsection 1.
Sec. 16. 1. No officer or employee engaged in the administration of this chapter shall use his official authority to influence or interfere with an election or affect the results thereof or for any partisan political purpose. No such officer or employee shall solicit or receive, nor shall any officer or employee be obliged to contribute or render, any service, assistance, subscription, assessment or contribution for any political purpose.
2. Any officer or employee violating the provisions of this section shall be discharged.
Sec. 17. 1. For the purpose of advising the department, the director and the administrator on matters bearing on their responsibilities under this chapter the director is authorized to appoint an advisory committee on older Americans consisting of such number of persons as the director may determine. Members shall be selected from among persons who are experienced in or have demonstrated particular interest in special problems of the aging.
2. Members of the advisory committee shall receive no compensation but shall, while attending meetings or otherwise engaged on business of such advisory committee, receive traveling expenses and subsistence allowances in the amounts provided by NRS 281.160.
3. The administrator is authorized to furnish to the advisory committee such technical and secretarial assistance and such pertinent data available to him as the advisory committee may require to carry out its functions.
κ1971 Statutes of Nevada, Page 378 (CHAPTER 260, AB 488)κ
available to him as the advisory committee may require to carry out its functions.
________
Assembly Bill No. 203Messrs. Hilbrecht, Lowman, Frank Young, Branch, Dreyer, Smith, Fry, McKissick and Mrs. Brookman
CHAPTER 261
AN ACT establishing a probation subsidy program for the rehabilitation of youthful offenders; and providing other matters properly relating thereto.
[Approved April 13, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. 1. It is the policy of this state to rehabilitate offenders, to effect a more even administration of justice and to increase the public welfare of the citizens of this state.
2. It is the purpose of sections 2 to 9, inclusive, of this act to reduce the necessity for commitment of youthful offenders to state correctional institutions by strengthening and improving local supervision of persons placed on probation by the juvenile and district courts of this state.
Sec. 3. As used in this act:
1. Department means the department of administration.
2. Juvenile court means the juvenile court of any judicial district.
3. Special supervision program means a probation program meeting the standards prescribed pursuant to sections 2 to 9, inclusive, of this act for the rehabilitation of offenders who were less than 18 years of age at the time of violating any state law, which does include:
(a) A degree of supervision substantially above the usual; and
(b) The use of new techniques rather than routine supervision techniques.
Sec. 4. From any legislative appropriation for such purpose and in accordance with the provisions of sections 2 to 9, inclusive, of this act, the state shall share the cost of supervising offenders in special supervision programs established in any county participating under sections 2 to 9, inclusive, of this act who would otherwise be committed to a state juvenile institution.
Sec. 5. 1. Any juvenile court may make application to the department to participate under sections 2 to 9, inclusive, of this act for the sharing of the cost of special supervision programs.
2. The application shall:
(a) Be in the form prescribed by the department; and
(b) Include a plan or plans for providing special supervision programs.
Sec. 6. No juvenile court shall receive any funds provided for in sections 2 to 9, inclusive, of this act until:
1. Its application is approved; and
2. It has complied with the provisions of this act.
κ1971 Statutes of Nevada, Page 379 (CHAPTER 261, AB 203)κ
Sec. 7. 1. The juvenile court shall use the amount received under this act for the purposes described in section 2 of this act to employ necessary probation officers who shall carry caseloads substantially less than required for normal or routine supervision.
2. The department shall determine the applicable costs to the state in calculating amounts to be paid to a juvenile court.
Sec. 8. The department shall provide for the disbursement of such funds to each juvenile court proportionately on the basis of the population within the jurisdiction of such court, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, but where it appears that any juvenile court does not intend to submit an application to the department, the proportionate share of such juvenile court may be disbursed to any other juvenile court.
Sec. 9. 1. Each juvenile court receiving funds under the provisions of this act shall report, on or before July 1 and December 31 of each year, the experience and results of such court in complying with the purposes of this act to the department of health, welfare and rehabilitation.
2. The department of health, welfare and rehabilitation shall compile such reports and submit them to the legislature upon its convening in regular session.
Sec. 10. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board of county commissioners may establish, in any county where funds are expended under the provisions of this act, special supervision programs for the rehabilitation of youthful offenders in accordance with the provisions of sections 2 to 9, inclusive, of this act.
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Assembly Bill No. 571Messrs. Lowman, Smith, Glaser, Ashworth, Capurro and Torvinen
CHAPTER 262
AN ACT relating to teachers; modifying the procedures and reasons for dismissal, removal and determinations not to reemploy teachers; and providing other matters properly relating thereto.
[Approved April 13, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. For the purposes of NRS 391.311 to 391.3197, inclusive, and sections 2 to 5, inclusive, of this act, the board may act on an affirmative vote of a majority of a quorum present, notwithstanding the provisions of NRS 386.330, as long as the quorum members voting are the same members of the board who heard the accusations, presentation of facts and recommendations relating to the dismissal or reemployment of a teacher.
κ1971 Statutes of Nevada, Page 380 (CHAPTER 262, AB 571)κ
and recommendations relating to the dismissal or reemployment of a teacher.
Sec. 3. 1. The superintendent or teacher may request the board to review the recommendations of the panel rendered pursuant to NRS 391.3193.
2. Such review shall be limited to the findings and recommendations of the panel if, in the opinion of the board, the record is substantial.
3. If the board finds the record unsubstantial it shall rerefer the matter to the panel of the professional review committee to take further evidence and testimony.
4. If the board deems it appropriate, it may order a hearing de novo upon appeal by a superintendent or teacher, in part or whole, concerning the dismissal or reemployment of such teacher.
Sec. 4. 1. After appointment of the panel, the teacher and superintendent are entitled:
(a) To three peremptory challenges each.
(b) To challenge for cause any member appointed to the panel who does not meet the requirements provided for in NRS 391.319.
2. The superintendent of public instruction shall remove from the panel those members challenged, and shall appoint additional members of the professional review committee.
Sec. 5. The provisions of NRS 391.311 to 391.3197, inclusive, and sections 2 to 5, inclusive, of this act, do not apply to substitute teachers or teachers employed for adult education.
Sec. 6. NRS 391.311 is hereby amended to read as follows:
391.311 The following terms, whenever used or referred to in NRS 391.312 to 391.3196, inclusive, and sections 2 to 5, inclusive, of this act, have the following meaning unless a different meaning clearly appears in the context:
1. Administrator means any teacher the majority of whose working time is devoted to service as a superintendent, supervisor, principal, vice principal or the director of a division or its equivalent in a school district.
2. Board means the board of trustees of the school district wherein a teacher affected by NRS 391.311 to 391.3196, inclusive, and sections 2 to 5, inclusive, of this act is employed.
3. Superintendent means the superintendent of a school district or the person acting as such.
4. Teacher means any certificated employee of a board of trustees of a school district who has been employed by such board of trustees [for 2 consecutive contract periods.] on a permanent basis at the end of the probationary periods as provided in NRS 391.3197.
Sec. 7. NRS 391.314 is hereby amended to read as follows:
391.314 1. Whenever a superintendent has reason to believe that cause exists for the dismissal of a teacher and when he is of the opinion that the immediate suspension of the teacher is necessary in the best interests of the children in the district, the superintendent may suspend the teacher without notice and without a hearing. Notwithstanding the provisions of NRS 391.312, a superintendent shall automatically suspend a teacher that has been officially charged but not yet convicted of a felony or a crime involving moral turpitude. If the charge is dismissed or if the teacher is found not guilty, he shall be reinstated with back pay and normal seniority.
κ1971 Statutes of Nevada, Page 381 (CHAPTER 262, AB 571)κ
teacher is found not guilty, he shall be reinstated with back pay and normal seniority. The superintendent shall notify the teacher in writing of the suspension.
2. Within 10 days after such suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to 391.3196, inclusive, and sections 2 to 5, inclusive, of this act, to effect the teachers dismissal.
3. If sufficient grounds for dismissal do not exist, the teacher shall be reinstated without loss of compensation.
Sec. 8. NRS 391.316 is hereby amended to read as follows:
391.316 1. There is hereby created a professional review committee which shall consist of not less than 42 persons of recognized scholarship and professional standing who have been actively engaged in teaching or related administrative or supervisory services in the public schools of this state for the 5 years preceding their appointment. The members of the committee shall be appointed by the superintendent of public instruction and approved by the state board of education.
2. A majority of the committee shall consist of teachers not occupying the position of an administrator. The total committee shall be broadly representative of the teaching profession, including administrators.
3. The superintendent of public instruction shall develop a method of seeking nominations for the committee from the teachers of the state.
4. Except as provided in subsection 6, each member of the committee shall be appointed for a term of 3 years. The superintendent of public instruction shall fill any vacancy which may occur on the committee. Such appointee must be approved by the state board of education and will serve for the remainder of the term of the member that he was appointed to replace.
5. The superintendent of public instruction shall give the members such instructions as he considers necessary to perform their duties.
6. Of the members of the initial professional review committee, one-third shall be appointed for a term of 1 year, one-third for a term of 2 years and one-third for a term of 3 years.
Sec. 9. NRS 391.3193 is hereby amended to read as follows:
391.3193 1. Except as provided in subsection 3, within 15 days from the time of its designation, the panel shall complete its investigation and shall prepare and file a written report with the superintendent and the teacher involved.
2. The report shall contain an outline of the scope of its investigation and its findings [.] , and recommend a course of action to be taken by the board.
3. If it appears that the report cannot be prepared within 15 days, the teacher and the superintendent shall be so notified prior to the end of such period, and the panel may take the time necessary not exceeding 30 days from the time of its designation properly to perform its duty.
Sec. 10. NRS 391.3194 is hereby amended to read as follows:
391.3194 1. Within 5 days after the superintendent receives the report and recommendation of the panel he shall either withdraw the charges against the teacher or file his recommendation with the board accompanied by a copy of the report of the panel.
κ1971 Statutes of Nevada, Page 382 (CHAPTER 262, AB 571)κ
2. Within 5 days after the receipt of the recommendation of the superintendent and before any formal action is taken, the board shall notify the teacher by registered or certified mail of the recommendation of the superintendent. The board shall also notify the teachers immediate supervisor, if other than the superintendent, of the recommendation and furnish him with a report.
3. The teacher may, within 5 days after receipt of the board notice, direct a written request to the board for a hearing.
4. Within 10 days after receipt of such request, the board shall:
(a) Set a time and place for a hearing.
(b) Notify the superintendent and the teacher of the hearing.
5. If the teacher does not make a request for a hearing within the time allowed, the board may, by resolution, act on the recommendation.
Sec. 11. NRS 391.3197 is hereby amended to read as follows:
391.3197 [The willful neglect or failure on the part of any teacher not under the provisions of NRS 391.312 to 391.3196, inclusive, to observe and carry out the duties and obligations required of him under this Title is sufficient cause for the dismissal, removal or determination not to reemploy such teacher. Any teacher dismissed, removed or not reemployed may appear at the regular meeting of the board of trustees next succeeding the meeting at which the determination to dismiss, remove or not reemploy the teacher was made. If the teacher so appears, the reasons for such determination shall be given to him and such teacher may reply.]
1. Teachers employed by a board of trustees shall be on probation annually for 3 years, provided their services are satisfactory, or they may be dismissed at any time at the discretion of the board of trustees. A teacher employed on a probationary contract for the first 3 years of his employment shall not be entitled to be under the provisions of NRS 391.311 to 391.3196, inclusive.
However, prior to formal action by the board, the probationary teacher shall be given the reasons for the recommendation to dismiss or not to renew the contract and be given the opportunity to reply.
2. The provisions of NRS 391.311 to 391.3197, inclusive, are not applicable to a teacher who has entered into a contract with the board as a result of the Local Government Employee-Management Relations Act and such contract provides separate provisions relating to the boards right to dismiss or refuse to reemploy such teacher.
Sec. 12. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 383κ
Assembly Bill No. 351Messrs. Mello, Dini, Miss Foote, Messrs. Bryan, Valentine, Getto, Howard, Jacobsen, Kean, McKissick and Hilbrecht
CHAPTER 263
AN ACT declaring the rights of a recipient of unsolicited goods, wares or merchandise; excluding certain situations from the provisions of the law; and providing other matters properly relating thereto.
[Approved April 13, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person who receives unsolicited goods, wares or merchandise offered for sale, but not actually ordered or requested by him orally or in writing, shall be entitled to consider such goods, wares or merchandise an unconditional gift, and he may use or dispose of them as he sees fit without obligation on his part to the sender.
2. The provisions of section 1 do not apply to the following:
(a) Where delivery of goods, wares or merchandise is by mistake in response to an order to the sender for other goods, wares or merchandise.
(b) Where delivery is made by mistake to someone other than a person who ordered goods, wares or merchandise from the sender.
(c) Where the sender has sent a substitute or substitutes in response to an order for certain goods, wares or merchandise.
(d) Where someone has ordered a gift for another from the sender, and the goods, wares or merchandise were sent directly to the recipient of the gift.
(e) Where delivery of goods, wares or merchandise is made by mistake to a member of a subscription-type plan (such as a book club or record club) operated by the sender.
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Assembly Bill No. 12Mr. McKissick
CHAPTER 264
AN ACT relating to contractors surety bonds filed with the state contractors board; protecting suppliers and materialmen under such bonds.
[Approved April 13, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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;
κ1971 Statutes of Nevada, Page 384 (CHAPTER 264, AB 12)κ
(b) As an employee of the contractor performed labor on or about the site of the construction contract; or
(c) As a supplier or materialman furnished materials or equipment for the construction contract.
(d) 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 written claims received by the surety or board prior to court action.
4. A claim of any employee of the contractor for labor shall be a 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. 2. This act shall become effective at 12:01 a.m. on July 1, 1971.
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Senate Bill No. 482Committee on Federal, State and Local Governments
CHAPTER 265
AN ACT incorporating the City of Gabbs, in Nye County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto.
[Approved April 13, 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 Gabbs 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.
κ1971 Statutes of Nevada, Page 385 (CHAPTER 265, SB 482)κ
ARTICLE I
Incorporation of City; General Powers; Boundaries; Wards and Annexations; City Offices
Section 1.010 Preamble: Legislative intent.
1. In order to provide for the orderly government of the City of Gabbs and the general welfare of its citizens the legislature hereby establishes this charter for the government of the City of Gabbs. 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 Gabbs.
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 Gabbs 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 Gabbs.
Sec. 1.030 Description of territory. The territory embraced in the city is that certain land described in the official plat required by NRS 234.250 to be filed with the county recorder and county assessor of Nye County, as such plat is revised from time to time.
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 Wards: Creation; boundaries.
1. The city shall be divided into two wards, which shall be as nearly equal in registered voters as can be conveniently provided, and the territory comprising each ward shall be contiguous.
2. The boundaries of wards shall be established and changed by ordinance, passed by a vote of at least three-fourths of the board of councilmen. The boundaries of wards shall be changed whenever the number of registered voters at the time of any municipal election in any ward exceeds the number of electors registered in any other ward by more than 15 percent.
3. For the purpose of convenience of holding elections there shall be one voting precinct.
Sec. 1.060 Elective offices.
1. The elective officers of the city consist of:
κ1971 Statutes of Nevada, Page 386 (CHAPTER 265, SB 482)κ
(a) A mayor.
(b) Three councilmen.
2. Such officers shall be elected as provided by this charter.
Sec. 1.070 Elective offices: Vacancies.
1. A vacancy in the board of councilmen or in the office of mayor shall be filled by a majority vote of the members of the board of councilmen, or the remaining members in the case of a vacancy in the board of councilmen, within 30 days after the occurrence of such vacancy. The appointee shall have the same qualifications as are required of the elective official.
2. No such appointment shall extend beyond the 1st Monday in July after the next municipal election, at which election the office shall be filled.
Sec. 1.080 Mayor and councilmen not to hold other office.
1. The mayor and councilmen shall not:
(a) Hold any other elective office or employment with Nye 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 board of councilmen 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. 1.090 Appointive offices.
1. The board of councilmen of the city may appoint the following officers:
(a) City clerk.
(b) Municipal judge.
(c) City treasurer.
(d) City attorney.
(e) City auditor.
(f) City marshal.
2. The board of councilmen shall establish such other offices as it may deem necessary.
Sec. 1.100 Appointive officers: Duties; salary. All appointive officers of the city shall:
1. Perform such duties as may be designated by the board of councilmen.
2. Receive such salary as may be designated by the board of councilmen.
Sec. 1.110 Officials performance bond. The board of councilmen 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.
Sec. 1.120 Oath of office. Every person elected or appointed to fill any office shall subscribe to the official oath as provided by the board of councilmen. 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.
κ1971 Statutes of Nevada, Page 387 (CHAPTER 265, SB 482)κ
ARTICLE II
Legislative Department
Sec. 2.010 Board of councilmen: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a board of councilmen consisting of three councilmen and a mayor.
2. The mayor and councilman-at-large shall be:
(a) Bona fide residents of the city for at least 2 years prior to their election.
(b) Registered voters within the city.
(c) At least 25 years of age.
(d) Citizens of the United States.
3. Each of the remaining councilmen shall be:
(a) A bona fide resident of the city for at least 2 years prior to his election.
(b) A registered voter within the ward which he represents.
(c) A resident of the ward which he represents, except that changes in ward boundaries pursuant to the provisions of section 1.050 shall not affect the right of any elected councilman to continue in office for the term for which he was elected.
4. All councilmen, including the mayor, shall be voted upon by the registered voters of the city at large.
5. The mayor and councilmen shall receive a salary in an amount fixed by the board of councilmen.
Sec. 2.020 Board of councilmen: Contracts. Members of the board of councilmen may vote on any lease, contract or other agreement which extends beyond their terms of office.
Sec. 2.030 Board of councilmen: Duties concerning departments.
1. The board of councilmen shall control and supervise the departments of the city and may establish such rules and regulations as may be necessary for the administration of such departments.
2. The mayor shall designate from among the board of councilmen members to act as:
(a) Superintendent of police.
(b) Superintendent of streets and public property.
(c) Superintendent of fire, water, sewerage and light.
3. The mayor shall be known as the superintendent of finance and revenue.
4. The duties of each department shall be designated by the board of councilmen.
Sec. 2.040 Board of councilmen: Discipline of members, other persons; subpena power.
1. The board of councilmen may:
(a) Provide for the punishment of any member for disorderly conduct committed in its presence.
(b) Order the attendance of witnesses and the production of all papers relating to any business before the board of councilmen.
2. If any person ordered to appear before the board of councilmen fails to obey such order:
κ1971 Statutes of Nevada, Page 388 (CHAPTER 265, SB 482)κ
(a) The board of councilmen or any member thereof may apply to the clerk of the district court for a subpena commanding the attendance of the person the board of councilmen.
(b) Such clerk may issue the subpena, and any peace officer may serve it.
(c) If the person upon whom the subpena is served fails to obey it, the court may issue an order to show cause why such person should not be held in contempt of court and upon hearing of the matter may adjudge such person guilty of contempt and punish him accordingly.
Sec. 2.050 Meetings: Quorum.
1. The board of councilmen shall hold at least one regular meeting each month, and by ordinance may provide for additional regular meetings.
2. A majority of all members of the board of councilmen 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 board of councilmen shall be public.
Sec. 2.060 Meetings: Special.
1. Special meetings may be held on call of the mayor or by a majority of the board of councilmen, by giving a minimum of 6 hours notice of such special meeting to each member of the board of councilmen 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 county 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 of a kind specified in section 7.030.
Sec. 2.070 Meetings: Time and place; rules. The board of councilmen 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. 2.080 Oaths and affirmations. Each councilman and the city clerk may administer oaths and affirmations relating to any business pertaining to the city before the board of councilmen or to be considered by the board of councilmen.
Sec. 2.090 Powers of board of councilmen: Ordinances, resolutions and orders.
1. The board of councilmen 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.
κ1971 Statutes of Nevada, Page 389 (CHAPTER 265, SB 482)κ
2. When power is conferred upon the board of councilmen to do and perform anything, and the manner of exercising such power is not specifically provided for, the board of councilmen may provide by ordinance the manner and details necessary for the full exercise of such power.
3. The board of councilmen may enforce ordinances by providing penalties not to exceed those established by the legislature for misdemeanors.
4. The board of councilmen shall have such powers, not in conflict with the express or implied provisions of this charter, as are conferred generally by statutes upon the governing bodies of cities organized by special charter.
5. The salary of an elective officer shall not be increased or diminished during the term for which he is elected or appointed.
Sec. 2.100 Ordinances: Passage by bill; amendments; subject matter; title requirements.
1. No ordinance may be passed except by bill and by a majority vote of the whole board of councilmen. The style of all ordinances shall be as follows: The Board of Councilmen of the City of Gabbs 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. 2.110 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed shall be read to the board of councilmen 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 county at least 1 week prior to the adoption of the ordinance. The board of councilmen shall adopt or reject the ordinance or an amendment thereto, within 30 days from the date of such publication.
2. At the next regular meeting or adjourned meeting of the board of councilmen following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the board of councilmen. Thereafter, it shall be read as first introduced, or as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the board of councilmen, 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.
κ1971 Statutes of Nevada, Page 390 (CHAPTER 265, SB 482)κ
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 board of councilmen 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. 2.120 Codification of ordinances; publication of code.
1. The board of councilmen may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of councilmen, have incorporated therein a copy of this charter and such additional data as the board of councilmen 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.
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 Gabbs.
4. The codification may be amended or extended by ordinance.
Sec. 2.130 Powers of board of councilmen: Public property, buildings.
1. The board of councilmen 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 board of councilmen 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. 2.140 Powers of board of councilmen: Eminent domain. The board of councilmen may condemn property for the public use in the manner prescribed by chapter 37 of NRS, as amended from time to time.
Sec. 2.150 Powers of board of councilmen: Licensing, regulation and prohibition of businesses, trades and professions.
1. The board of councilmen may:
(a) Regulate all businesses, trades and professions.
(b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.
κ1971 Statutes of Nevada, Page 391 (CHAPTER 265, SB 482)κ
2. The board of councilmen may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
Sec. 2.160 Powers of board of councilmen: Police ordinances. The board of councilmen may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada.
Sec. 2.170 Powers of board of councilmen: Fire protection; regulation of explosives, inflammable materials; fire codes and regulations. The board of councilmen 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. 2.180 Powers of board of councilmen: Public health; board of health; regulations. The board of councilmen may:
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. 2.190 Powers of board of councilmen: Buildings; construction and maintenance regulations; building and safety codes. The board of councilmen 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 fees as may be necessary.
Sec. 2.200 Powers of board of councilmen: Zoning and planning.
1. The board of councilmen 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 board of councilmen shall carry out the provisions of subsection 1 in the manner prescribed by chapter 278 of NRS, as amended from time to time.
Sec. 2.210 Powers of board of councilmen: Rights-of-way, parks, public buildings and grounds and other public places. The board of councilmen 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.
κ1971 Statutes of Nevada, Page 392 (CHAPTER 265, SB 482)κ
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. 2.220 Powers of board of councilmen: Traffic control. The board of councilmen 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. 2.230 Powers of board of councilmen: Parking meters; off-street public parking facilities.
1. The board of councilmen 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 of councilmen.
2. Except as otherwise provided by this charter, the board of councilmen 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 board of councilmen 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 the proposal for the issuance of the bonds is approved as therein provided, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper. The board of councilmen 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. 2.240 Powers of board of councilmen: Nuisances. The board of councilmen 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.
κ1971 Statutes of Nevada, Page 393 (CHAPTER 265, SB 482)κ
(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 board of councilmen: Animals and poultry. The board of councilmen 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 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 board of councilmen: Abatement of noxious insects, rats and disease-bearing organisms. The board of councilmen 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.
Sec. 2.270 Powers of board of councilmen: Sanitary sewer facilities. The board of councilmen may:
1. Provide for a sanitary sewer system or any part thereof, and obtain property therefor either within or without the city.
2. Sell any product or byproduct thereof and acquire the appropriate outlets within or without the city and extend the sewerlines thereto.
3. Establish sewer fees and provide for the enforcement and collection thereof.
Sec. 2.280 Powers of board of councilmen: Provision of utilities. The board of councilmen 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 Nye 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. 2.290 Powers of board of councilmen: Cemeteries; acquisition and maintenance. The board of councilmen may, by any lawful means, acquire and maintain property for public use as a cemetery.
Sec. 2.300 Powers of board of councilmen: Television franchises.
1. The board of councilmen 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.
κ1971 Statutes of Nevada, Page 394 (CHAPTER 265, SB 482)κ
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 board of councilmen to assure compliance therewith.
ARTICLE III
Executive Department
Sec. 3.010 Mayor: Duties. The mayor shall:
1. Serve as the chief executive and administrative officer of the city.
2. Serve as a member of the board of councilmen and preside over its meetings.
3. Perform such emergency duties as may be necessary for the general health, welfare and safety of the city.
4. 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.
Sec. 3.020 Vice president: Election; term; duties.
1. The board of councilmen shall elect one of its members to act as vice president of the board of councilmen.
2. The vice president shall hold such title and office until the expiration of the term of office for which he was elected but shall receive no salary or compensation therefor.
3. The vice president shall be vested with all the powers and shall perform all the duties of the office of mayor in the absence of the mayor.
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 board of councilmen and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the board of councilmen 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 board of councilmen.
5. Enter upon the journal the result of the vote of the board of councilmen upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.
6. Act as ex officio city treasurer.
7. Perform such other duties as may be required by the board of councilmen.
κ1971 Statutes of Nevada, Page 395 (CHAPTER 265, SB 482)κ
Sec. 3.040 City clerks bond; performance bonds. 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 board of councilmen 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.
2. The city attorney shall be the legal officer of the city and shall perform such duties as may be designated by ordinance.
Sec. 3.060 County assessor to be ex officio city assessor; duties.
1. The county assessor of Nye 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 board of councilmen 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: Duties.
1. The city marshal is the ex officio chief of police of the city.
2. The city marshal may, subject to approval of the board of councilmen, appoint and supervise such police officers as may be deemed necessary for the preservation of peace in the city.
3. The salaries of the police officers shall be fixed by the board of councilmen.
Sec. 3.080 City officers: Duties restricted and altered. The board of councilmen may prescribe by ordinance the powers and duties of all city officers, where such powers and duties have not been established by this charter, and may add to, alter or restrict such powers and duties.
Sec. 3.090 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 board of councilmen, his office shall be declared vacant by the board of councilmen, and the vacancy filled by appointment as provided in this charter.
Sec. 3.100 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 board of councilmen.
2. The board of councilmen may by proper legal action collect all moneys which are due and unpaid to the city or any office thereof, and the board of councilmen may pay from the general fund all fees and expenses necessarily incurred by it in connection with the collection of such moneys.
Sec. 3.110 Removal of officers. If any officer is adjudged guilty of any misfeasance, nonfeasance or malfeasance in office, the board of councilmen may declare the office vacant and fill the vacancy so caused, as provided by law.
κ1971 Statutes of Nevada, Page 396 (CHAPTER 265, SB 482)κ
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.
Sec. 4.020 Municipal court: Municipal judge.
1. The board of councilmen shall appoint a municipal judge to preside over the municipal court.
2. The salary of the municipal judge shall be fixed by the board of councilmen.
3. The municipal judge shall be:
(a) A resident of the city for not less than 1 year prior to his appointment.
(b) A qualified elector in the city.
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.
ARTICLE V
Elections
Sec. 5.010 Municipal elections.
1. On the 1st Tuesday after the 1st Monday in June 1975, and every 2 years thereafter, there shall be elected at large 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 2 years and until their successors have been elected and qualified.
2. On the 1st Tuesday after the 1st Monday in June 1975, and every 4 years thereafter, there shall be elected by the qualified voters of the city, at a general election to be held for that purpose, one councilman, who shall represent one of the wards of the city and who shall hold office for a period of 4 years and until his successor has been elected and qualified.
3. On the 1st Tuesday after the 1st Monday in June 1977, and every 4 years thereafter, there shall be elected by the qualified voters of the city, at a general election to be held for that purpose, one councilman, who shall represent the other ward of the city and who shall hold office for a period of 4 years and until his successor has been elected and qualified.
Sec. 5.020 Applicability of state election laws; elections under control of board of councilmen.
1. All elections held under this charter shall be governed by the provisions of the election laws of this state, so far as such laws can be made applicable and are not inconsistent herewith.
2. The conduct of all municipal elections shall be under the control of the board of councilmen, who shall determine the place within the city where they shall be held.
κ1971 Statutes of Nevada, Page 397 (CHAPTER 265, SB 482)κ
where they shall be held. For the conduct of municipal elections, for the prevention of fraud in such elections, and for the recount of ballots in cases of doubt or fraud, the board of councilmen shall adopt by ordinance all regulations which it considers desirable and consistent with law and this charter.
Sec. 5.030 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 city election, except as otherwise provided in this article.
2. Nothing in this charter shall be so construed as to deny or abridge the power of the board of councilmen to provide for supplemental registration.
Sec. 5.040 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. 5.050 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. 5.060 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. 5.070 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. 5.080 Voting machines. The board of councilmen 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.
κ1971 Statutes of Nevada, Page 398 (CHAPTER 265, SB 482)κ
Sec. 5.090 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 board of councilmen.
2. The board of councilmen 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 board of councilmen.
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.
4. If any election should result in a tie, the board of councilmen shall summon the candidates who received the tie vote and determine the tie by lot. The city clerk shall then issue to the winner a certificate of election.
Sec. 5.100 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 board of councilmen, 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 board of councilmen 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.
κ1971 Statutes of Nevada, Page 399 (CHAPTER 265, SB 482)κ
ARTICLE VII
Local Bonds and Franchises
Sec. 7.010 Debt limit.
1. The city shall not incur an indebtedness in excess of 10 percent of the total assessed valuation of the taxable property within the boundaries of the city.
2. In determining any debt limitation under subsection 1 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.
(c) Any short-term securities issued in anticipation of and payable from property taxes levied for the current fiscal year.
3. No warrants, certificates, scrip, or other evidence of indebtedness, except bonded indebtedness, in excess of 3 percent of assessed valuation, shall be issued.
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 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, except for securities issued under section 6.020.
2. The board of councilmen 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, and except for any security issued under section 6.020, but including securities payable from pledged revenues, 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 authorized under subsection 2 shall be levied upon all taxable property within the city as provided in NRS 350.590 to 350.602, inclusive, as amended from time to time.
4. Any ordinance pertaining to the sale or issuance of bonds or other securities, including without limitation securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the board of councilmen in any ordinance that it is of this kind shall be conclusive in the absence of fraud or gross abuse of discretion.
κ1971 Statutes of Nevada, Page 400 (CHAPTER 265, SB 482)κ
Sec. 7.040 Franchises.
1. Before granting any franchise the board of councilmen 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 board of councilmen after the expiration of the period of such publication, the board of councilmen 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. Otherwise such ordinance shall be void.
ARTICLE VIII
Revenue
Sec. 8.010 Municipal taxes.
1. The board of councilmen shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy taxes at a rate not exceeding 3 percent upon the assessed value of all real and personal property within the city, except as otherwise provided in the Local Government Securities Law and the Consolidated Local Improvement Law, as amended from time to time. 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 board of councilmen shall enact all such ordinances as it may deem necessary and not inconsistent with this charter and the laws of the state, for the prompt, convenient and economical collecting of the revenue.
Sec. 8.020 Revenue ordinances. The board of councilmen 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.
Sec. 8.030 Apportionment of county road fund.
1. The board of county commissioners of Nye County shall, and it is hereby made their duty, from time to time upon request of the board of councilmen, to apportion to the city such proportion of one-half of the general road fund of Nye County as the value of the whole property within the corporate limits of the city, as shown by the assessment roll, bears to the whole property of the county, inclusive of the property within the city.
κ1971 Statutes of Nevada, Page 401 (CHAPTER 265, SB 482)κ
of councilmen, to apportion to the city such proportion of one-half of the general road fund of Nye County as the value of the whole property within the corporate limits of the city, as shown by the assessment roll, bears to the whole property of the county, inclusive of the property within the city.
2. All moneys so apportioned shall be expended upon the streets, alleys and public highways of the city, under the direction and control of the board of councilmen.
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.
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 381, Statutes of Nevada, 1955, at page 662, entitled An Act incorporating the city of Gabbs, in Nye County, Nevada, and defining the boundaries thereof; authorizing the establishment of a city government therefor; and other matters properly relating thereto, approved March 29, 1955, and all acts amendatory thereof, are hereby repealed.
κ1971 Statutes of Nevada, Page 402 (CHAPTER 265, SB 482)κ
approved March 29, 1955, and all acts amendatory thereof, are hereby repealed.
Sec. 3. This act shall become effective on July 1, 1973.
________
Senate Bill No. 192Committee on Federal, State and Local Governments
CHAPTER 266
AN ACT incorporating the City of Henderson, in Clark County, Nevada, and defining the boundaries thereof, under a new charter, and providing other matters properly relating thereto.
[Approved April 13, 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 Henderson 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;
Wards and Annexations; City Offices
Section 1.010 Preamble: Legislative intent.
1. In order to provide for the orderly government of the City of Henderson and the general welfare of its citizens the legislature hereby establishes this charter for the government of the City of Henderson. 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 Henderson.
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 Henderson and by that name they and their successors shall be known in law, have perpetual succession and may sue or be sued in all courts.
2. Whenever used throughout this charter, city means the City of Henderson.
κ1971 Statutes of Nevada, Page 403 (CHAPTER 266, SB 192)κ
Sec. 1.030 Description of territory. The territory embraced in the city is that certain land described in the official plat required by NRS 234.250 to be filed with the county recorder and county assessor of Clark County, as such plat is revised from time to time.
Sec. 1.040 Wards: Creation; boundaries.
1. The city shall be divided into four wards, which shall be as nearly equal in registered voters as can be conveniently provided, and the territory comprising each ward shall be contiguous.
2. The boundaries of wards shall be established and changed by ordinance. The boundaries of wards shall be changed whenever the number of registered voters at the time of any municipal election in any ward exceeds the number of registered voters in any other ward by more than 20 percent, but the boundaries shall not be changed between 30 days before the date fixed for filing of candidacy and the general election.
Sec. 1.050 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 200,000 or more.
Sec. 1.060 Elective offices.
1. The elective officers of the city consist of:
(a) A mayor.
(b) Four councilmen.
(c) One municipal judge.
2. Such officers shall be elected as provided by this charter.
Sec. 1.070 Elective offices: Vacancies.
1. A vacancy in the city council or in the office of mayor or municipal judge 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. No such appointment shall extend beyond the 1st Monday in July after the next municipal election, at which election the office shall be filled.
Sec. 1.080 Mayor and councilmen not to hold other office.
1. The mayor and councilmen shall not:
(a) Hold any other elective office with the State of Nevada or any of its political subdivisions, except as provided by law or as a member of a board or commission which is ancillary to the office which he holds.
(b) Be elected or appointed to any office created by or the compensation for which was increased or fixed by the city council until 1 year after the expiration of 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. 1.090 Appointive offices.
1. The city council of the city shall appoint the following officers.
(a) City manager.
(b) City attorney.
(c) City clerk.
2. The city council may establish such other appointive officers as it may deem necessary for the operation of the city. Appointment of such officers shall be made by the city manager, subject to ratification of the city council.
κ1971 Statutes of Nevada, Page 404 (CHAPTER 266, SB 192)κ
officers shall be made by the city manager, subject to ratification of the city council. Such officers shall include:
(a) Chief of police.
(b) City treasurer.
(c) City auditor.
(d) Director of public works.
(e) Fire chief.
(f) Such other officers as may be necessary.
Sec. 1.100 Appointive officers: Miscellaneous provisions.
1. All appointive officers shall perform such duties as may be designated by the city manager and such other duties as may be directed by the city council.
2. The city council may require from all other 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.
3. All appointive officers of the city shall receive such salary as may be designated by the city council.
Sec. 1.110 Oath of office. Every person elected or appointed to fill any elective 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 and the mayor.
2. The mayor shall be:
(a) An actual and bona fide resident of the city for at least 3 years prior to his election.
(b) A registered voter within the city and a taxpayer of real property located within the city.
3. Each councilman shall be:
(a) An actual and bona fide resident of the city for at least 3 years prior to his election.
(b) A registered voter within the ward which he represents, and a taxpayer on real property located within the city.
(c) A resident of the ward which he represents, except that changes in ward boundaries pursuant to the provisions of section 1.040, shall not affect the right of any elected councilman to continue in office for the term for which he was elected.
4. 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.
5. The mayor and councilmen shall receive a salary in an amount fixed by the city council.
κ1971 Statutes of Nevada, Page 405 (CHAPTER 266, SB 192)κ
Sec. 2.020 City council: Contracts. Members of the city council may vote on any lease, contract or other agreement which extends beyond their terms of office.
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 municipal 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.
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, the mayor pro tempore while acting for the mayor 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.
κ1971 Statutes of Nevada, Page 406 (CHAPTER 266, SB 192)κ
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 generally by statute upon the governing bodies of cities organized under a special charter.
5. The city council shall not pass any ordinance increasing or diminishing the salary of any elective officer during the term for which he is elected or appointed.
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 whole city council. The style of all ordinances shall be as follows: The City Council of the City of Henderson 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.
κ1971 Statutes of Nevada, Page 407 (CHAPTER 266, SB 192)κ
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 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. 2.120 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. 2.130 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. 2.140 Powers of city council: Police ordinances.
1. 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.
2. Any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the city whenever such offense is committed within the city.
Sec. 2.150 Powers of city council: Houses of prostitution. The city council shall prohibit and suppress houses of prostitution and all other places in the city to which persons resort for lascivious purposes, or purposes of lewdness or prostitution.
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. 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.
κ1971 Statutes of Nevada, Page 408 (CHAPTER 266, SB 192)κ
inflammable material in or transported through the city, and prescribe the distance from any residential or commercial area where it may be kept.
3. Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.
Sec. 2.170 Powers of city council: Public health; board of health; regulations. The city council may:
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 or being 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.
κ1971 Statutes of Nevada, Page 409 (CHAPTER 266, SB 192)κ
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.
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 the proposal for the issuance of the bonds is approved as therein provided, 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, streetcar or other public transit system upon public rights-of-way and adjacent property.
3. Declare a nuisance and require the removal of the tracks of any railroad or streetcar in any public right-of-way.
4. Condemn rights-of-way for any public purpose across any railroad right-of-way.
5. Prescribe the length of time any public right-of-way may be obstructed by trains standing thereon.
6. Require railroad companies to fence their tracks and to construct cattle guards and crossings and to keep them in repair.
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.
κ1971 Statutes of Nevada, Page 410 (CHAPTER 266, SB 192)κ
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 per capita tax on all animals and provide for the capture and disposal of all animals on which the tax 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.
Sec. 2.270 Powers of city council: Sanitary sewer facilities. The city council may:
1. Provide for a sanitary sewer system or any part thereof, and obtain property therefor either within or without the city.
2. Sell any product or byproduct thereof and acquire the appropriate outlets within or without the city and extend the sewer lines thereto.
3. Establish sewer fees and provide for the enforcement and collection thereof.
Sec. 2.280 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 Clark 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. 2.290 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. 2.300 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.
κ1971 Statutes of Nevada, Page 411 (CHAPTER 266, SB 192)κ
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.
Sec. 2.310 Apportionment of county general road fund; use of money by city council.
1. The board of county commissioners of Clark County shall, from time to time, upon the request of the city council, apportion to the city such proportion of the general fund of Clark County as the value of the whole property within the corporate limits of the city, as shown by the latest assessment roll, bears to the whole property of the county, inclusive of the property within the limits of the city.
2. All such moneys so apportioned and received by the city shall be expended upon the streets, alleys and public highways of the city under the direction and control of the city council.
Sec. 2.320 Sale, lease, exchange of city-owned land: Procedure; disposition of proceeds.
1. Subject to the provisions of this section, the city may sell, lease or exchange real property in the county of Clark, State of Nevada, heretofore or hereafter acquired by the city pursuant to federal law from the United States of America.
2. The city shall sell, lease or exchange real property only by resolution. Following the adoption of a resolution to sell, lease or exchange, the city council shall cause a notice of its intention to sell, lease or exchange such real property to 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. The notice shall be published at least 30 days prior to the date set by the city council for such sale, lease or exchange, and shall state:
(a) The date, time and place of the proposed sale, lease or exchange.
(b) The place where and the time within which applications and deposits shall be made by prospective purchasers or lessees.
(c) Such other information as the city council may desire.
3. Applications or offers to purchase, lease or exchange pursuant to the notice required in subsection 2 shall be in writing, shall not be accepted by the city council for consideration prior to the publication date, and must be accompanied by a deposit of not less than 1 percent of the total offer to purchase. If a lease, sale or exchange is not consummated, the deposit shall be refunded.
4. No lease for a term of 3 years or longer, or sale or exchange of real property, shall be made until after the property has been appraised by three disinterested appraisers employed by the city council, and all leases for a term longer than 3 years, or sales or exchanges, shall only be made at or above the current appraised value as determined by the appraisers. For the purposes of this section, an appraisal shall not be considered current if it is more than 3 years old.
5. It shall be the policy of the city council to lease, sell and exchange real property in a manner that will result in the maximum benefit accruing to the city from such sales, leases and exchanges, and in this regard the city council may attach any condition to the sale, lease or exchange as may appear to the city council to be in the best interests of the city.
κ1971 Statutes of Nevada, Page 412 (CHAPTER 266, SB 192)κ
to the city from such sales, leases and exchanges, and in this regard the city council may attach any condition to the sale, lease or exchange as may appear to the city council to be in the best interests of the city.
6. The city council may sell unimproved real property owned by the city on a time payment basis. The down payment shall be in an amount determined by the city council, and the interest rate shall be in an amount determined by the city council, but shall not be less than 6 percent per annum on the declining balance.
7. Notwithstanding the provisions of subsection 4, the city council may dispose of any real property belonging to the city to the United States of America, the State of Nevada, Clark County, any other political subdivision of the state, any quasi-public or non-profit entity for a nominal consideration whenever the public interest requires such a disposition; but the consideration shall equal the citys acquisition cost.
8. Proceeds from all sales and exchanges of city-owned real property, after deduction of the cost of the real property, reasonable costs of publication, title insurance, escrow and normal costs of sale, shall be placed in the land fund heretofore created by the city in the city treasury and hereby continued. Except as otherwise provided in subsection 9, the land fund shall be expended only for:
(a) Acquisition of fixed assets, which means acquisition of assets of a long-term character which are intended to continue to be held or used, such as land, buildings, machinery, furniture and other equipment.
(b) Capital improvements of improvements thereon.
(c) Expenses incurred in the preparation of a long-term comprehensive master planning study and any expenses incurred in the master planning of the city.
(d) All costs, including salaries, or administration of the land fund, and the land within the city.
(e) Expenses incurred in making major improvements and repairs to the water, sewer and street systems as differentiated from normal maintenance costs.
Revenues received from leases of city-owned real property shall be placed in the land fund if the term of lease is 20 years or longer, whether such 20 years is for an initial term of lease or for an initial term and any option for renewal. Revenue received by the city from all other leases and interest on time payment sales of city-owned real property shall be apportioned in the ratio of 20 percent to current operational expenses of the city, 20 percent to the land fund, and 60 percent divided between the land fund and current operational expenses as may be determined by the council.
9. If available, moneys in the land fund may be borrowed by the city by an emergency loan effected pursuant to the provisions of NRS 354.410 to 354.460, inclusive, as amended from time to time.
ARTICLE III
Executive Department
Sec. 3.010 Mayor: Duties; mayor pro tempore.
1. The mayor shall:
κ1971 Statutes of Nevada, Page 413 (CHAPTER 266, SB 192)κ
(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.
2. The city council shall elect one of its members to be mayor pro tempore. Such person shall:
(a) Hold such office and title, without additional compensation, during the term for which he was elected.
(b) Perform the duties of mayor during the absence or disability of the mayor.
(c) Act as mayor until the next municipal election if the office of mayor becomes vacant.
Sec. 3.020 City manager: Duties.
1. The city manager shall perform such administrative and executive duties as the city council may designate. His duties and salary shall be fixed by resolution.
2. The city manager may appoint such clerical and administrative assistants as he may deem necessary, subject to the approval of the city council.
3. The mayor or a councilman shall not be appointed as city manager during the term for which he was elected or within 1 year after the expiration of his term.
Sec. 3.030 City manager: Removal. The city council may remove the city manager for cause.
Sec. 3.040 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. 3.050 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.
κ1971 Statutes of Nevada, Page 414 (CHAPTER 266, SB 192)κ
require from him such additional security as may be necessary from time to time.
Sec. 3.060 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.
2. The city attorney shall be the legal officer of the city and shall perform such duties as may be designated by ordinance.
Sec. 3.070 County assessor to be ex officio city assessor; duties.
1. The county assessor of Clark 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. 3.080 Chief of police: Qualifications.
1. The chief of police shall:
(a) Be a citizen of the United States.
(b) Be not less than 35 years of age.
(c) Have been actively engaged in law enforcement work for a period of 5 years, 3 years of which shall have been in a supervisory capacity.
2. The chief of police may, subject to approval of the city manager, appoint and supervise such police officers as may be deemed necessary.
Sec. 3.090 Director of public works: Qualifications; duties; salary. The director of public works shall have such qualifications as may be designated by ordinance.
Sec. 3.100 City health officer: Qualifications; duties; salary.
1. The city health officer shall direct the city health office and perform such other duties as may be designated by ordinance.
2. The qualifications of the city health officer shall be fixed by the city council.
Sec. 3.110 City officers: Residence. Except as provided in section 3.060, all city officers shall reside within the city during the term of their employment unless the city council waives such residence requirement because of hardship or other extenuating circumstances.
Sec. 3.120 City officers: Duties restricted and altered. The city council may prescribe by ordinance the powers and duties of all city officers, where such powers and duties have not been established by this charter, and may add to, alter or restrict such powers and duties.
Sec. 3.130 City officers: Collection and disposition of moneys.
1. All fines, forfeitures or other moneys except taxes 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 treasurer, 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, including taxes, 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. 3.140 Interference by city council.
κ1971 Statutes of Nevada, Page 415 (CHAPTER 266, SB 192)κ
1. No councilman or the mayor may direct or request the appointment of any person to, or his removal from, office by the city manager or by any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the city. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any subordinate of the city manager, either publicly or privately.
2. Any councilman or the mayor violating the provisions of this section, or voting for a resolution or ordinance in violation of this section, is guilty of a misdemeanor, and upon conviction thereof shall cease to be a councilman or the mayor.
Sec. 3.150 Removal of officers. If any officer is adjudged guilty of nonfeasance, misfeasance or malfeasance in office, the city council may declare the 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.
Sec. 4.020 Municipal court: Qualifications of municipal judge; salary.
1. The municipal court shall be presided over by a municipal judge, who shall be:
(a) Not less than 30 years of age.
(b) A citizen of the United States.
(c) A resident of the city for a continuous 3-year period immediately preceding his election.
(d) A registered voter.
(e) An owner of real property in the city.
2. The salary of the municipal judge shall be fixed by the city council.
Sec. 4.030 Disposition of fines. All fines and forfeitures for the violation of ordinances shall be paid into the treasury of the city in the manner to be prescribed by ordinance.
Sec. 4.040 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.
ARTICLE V
Elections
Sec. 5.010 Primary election.
1. A primary election shall be held on the 1st Tuesday of May of each odd-numbered year, at which time there shall be nominated candidates for offices to be voted for at the next general municipal election.
κ1971 Statutes of Nevada, Page 416 (CHAPTER 266, SB 192)κ
each odd-numbered year, at which time there shall be nominated candidates for offices to be voted for at the next general municipal election.
2. A candidate for any office to be voted for at any primary municipal election shall file a declaration or acceptance of candidacy as provided by the Nevada election laws.
3. A candidate for mayor, councilman, municipal judge or any other office not otherwise provided for by law shall pay to the clerk, at the time of filing the affidavit of candidacy, the filing fee in the amount fixed by the city council.
4. All candidates for elective office shall be voted upon by the registered voters of the city at large.
5. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes shall be placed on the ballot for the general election. If in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes cast in that election for the office for which he is a candidate, he shall be declared elected and no general election need be held for that office.
Sec. 5.020 General municipal election.
1. A general election shall be held in the city on the 1st Tuesday after the 1st Monday in June of each odd-numbered year and on the same day every 2 years thereafter, at which time there shall be elected such officers, the offices of which are required next to be filled by election.
2. All candidates for the office of mayor, councilman and municipal judge shall be voted upon by the registered voters of the city at large. The members of the city council, including the mayor, shall serve for terms of 4 years.
Sec. 5.030 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 herewith.
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. 5.040 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, whether special, primary or general, and for all officers to be voted for and on all questions that may be submitted to the people at any such primary, general or special city elections, except as otherwise provided in this article.
2. Nothing 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.
κ1971 Statutes of Nevada, Page 417 (CHAPTER 266, SB 192)κ
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 special, primary or general 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 on the first Tuesday 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.
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.
κ1971 Statutes of Nevada, Page 418 (CHAPTER 266, SB 192)κ
the candidates who received the tie vote and determine the tie by lot. The city 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 15 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.
(c) Any short-term securities issued in anticipation of and payable from property taxes levied for the current fiscal year.
κ1971 Statutes of Nevada, Page 419 (CHAPTER 266, SB 192)κ
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 Limitations on incurring indebtedness; contracts.
1. Except as provided in Nevada Revised Statutes, no debt shall be created, directly or indirectly, nor shall any contract made by or on behalf of the city be valid for any amount exceeding the revenue for the year in which the debt is incurred or the contract made.
2. If any debt is created against the city contrary to the provisions of this charter by the city council, such debt, claim or obligation shall be void as against the city or any of its funds, but every councilman knowingly voting in favor of such debt, claim or obligation shall be held personally liable jointly and severally for the entire debt so made, and shall be deemed guilty of malfeasance in office, and on conviction thereof shall be removed from office.
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 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 except for securities issued under section 6.020.
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, and except securities issued under section 6.020, but including securities payable from pledged revenues, 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 authorized under subsection 2 shall be levied upon all taxable property within the city as provided in NRS 350.590 to 350.602, inclusive, as amended from time to time.
4. Any ordinance pertaining to the sale or issuance of bonds or other securities, including without limitation securities issued under section 6.020, 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 420 (CHAPTER 266, SB 192)κ
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. 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 3 percent upon the assessed value of all real and personal property within the city except as provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time. 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 may 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.
Sec. 8.030 Taxes paid to county treasurer; transfers of money to city treasury.
1. All taxes collected under or by virtue of this charter or of any city ordinance shall be paid to the county treasurer of Clark County at the same time as payment of taxes for state and county purposes is made, but nothing in this subsection shall be construed to require payment of any license taxes to the county treasurer of Clark County.
2. The county treasurer of Clark County shall:
(a) Receive such taxes, keep them intact, separate and apart from other tax moneys and not commingled therewith.
(b) Be liable on his official bond for the correct keeping and transfer of such moneys as provided in this section.
(c) Render a statement to the city treasurer of the moneys and the amount thereof so received by him as often as he is required to do so by resolution of the city council, regularly adopted and served upon the county auditor.
κ1971 Statutes of Nevada, Page 421 (CHAPTER 266, SB 192)κ
resolution of the city council, regularly adopted and served upon the county auditor.
3. The county auditor shall draw his warrant for the full amount and the county treasurer shall transmit and deliver to the city treasury all moneys so collected and received by him, or so much thereof as is called for by the resolution specified in paragraph (c) of subsection 2, and shall thereupon take the receipt of the city treasurer therefor. All such moneys shall be placed in the funds of the city.
4. After receipt by the city treasurer of such funds and at the next regular city council meeting after demand has been made upon the county treasurer therefor, the city council shall ascertain the amount that must be paid out of the funds thus received for bond interest and bond retirement prior to the due date of the next tax apportionment, whether the same is quarterly, semiannually or annually. Out of such funds received the city council shall direct the payment of due bonds and interest. When such amount has been ascertained, the city council shall order a sufficient amount of such funds to cover the amount to be deposited in a special fund to be known as the Henderson bond redemption fund. The funds thus segregated shall be used only for the purpose of paying bond interest and maturing bonds, and shall not be subject to any other use or to any judicial process, attachment or execution.
Sec. 8.040 Surplus taxes; bond redemption. Except as otherwise provided in this charter the remainder of the taxes not deposited as provided in section 8.030 shall be deposited in a fund to be known as the Henderson general fund and shall be so kept until used for general city purposes and paid out on proper warrants. The city council may set apart any surplus money in the Henderson general fund to the Henderson bond redemption fund, which surplus moneys shall be used for payment of bond interest and bond principal redemptions, for bonds then issued or for bonds to be issued, and which are secured by the full faith and credit of the property within the city.
Sec. 8.050 Sinking fund. Nothing contained in sections 8.030 and 8.040 shall be construed to prevent the city council from creating a sinking fund out of any surplus tax proceeds to fund any long-term public improvement or other public work or project. When the city council decides to set any surplus moneys aside in such a sinking fund the city council shall adopt a resolution so setting such surplus moneys aside and defining the objects and purposes of such fund. When once so set aside such sinking fund shall be used only for the purpose or purposes for which it was expressly and specially appropriated.
ARTICLE IX
Civil Service
Sec. 9.010 Civil service.
1. There is hereby created a system of civil service, applicable to and governing all employees of the city except department heads, the city clerk, the city attorney, the city manager, and any elected officer.
2. The system of civil service shall be administered by a civil service board composed of three persons appointed by the city council.
κ1971 Statutes of Nevada, Page 422 (CHAPTER 266, SB 192)κ
3. Such board may, with the approval of the city council, appoint a personnel director to administer the civil service system.
4. The board shall prepare rules and regulations governing the system of civil service to be adopted by the city council. Such rules and regulations shall provide for:
(a) Examination of potential employees.
(b) Recruitment and placement procedures.
(c) Classification of positions.
(d) Procedures for promotion, disciplinary actions and removal of employees.
(e) Such other matters as the board may deem necessary.
5. Copies of the rules and regulations governing the system of civil service shall be distributed to all employees of the city.
ARTICLE X
Miscellaneous Provisions
Sec. 10.010 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. 10.020 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.
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.
κ1971 Statutes of Nevada, Page 423 (CHAPTER 266, SB 192)κ
ARTICLE XI
Transitional Provisions
Sec. 11.010 Continuation of certain officers.
1. The councilman who was elected at the general municipal election held June 6, 1967, to represent the then Ward 1 of the city shall continue in office as a councilman representing Ward 1 until the election of his successor at the general municipal election to be held on the 1st Tuesday after the 1st Monday of June 1971, and such successors qualification.
2. The councilman who was elected at the general municipal election held June 6, 1967, to represent the then Ward 2 of the city shall continue in office as a councilman representing Ward 2 until the election of his successor at the general municipal election to be held on the 1st Tuesday after the 1st Monday of June 1971, and such successors qualification.
3. The councilman who was elected at the general municipal election held June 6, 1967, to represent the then Ward 4 of the city shall continue in office as a councilman representing Ward 4 until the election of his successor at the general municipal election to be held on the 1st Tuesday after the 1st Monday of June 1971, and such successors qualification.
4. The police judge who was elected at the general municipal election held June 6, 1967, shall continue in office until the election of his successor at the general municipal election to be held on the 1st Tuesday after the 1st Monday of June 1971, and such successors qualification.
5. At the general municipal election to be held June 5, 1973, the registered voters of the city shall elect a mayor and one councilman to represent Ward 3, each for a term of 4 years.
Sec. 2. Chapter 240, Statutes of Nevada 1965, at page 438, entitled An Act to reorganize and reincorporate the City of Henderson, a municipal corporation, in Clark County, Nevada; providing definitions of words and terms and for such reorganization and reincorporation; defining the boundaries of the city and providing for wards and annexation of additional territory; granting general and specific powers to the city; providing for the offices of mayor, councilmen, city manager, city clerk, city treasurer, city auditor, city assessor, city attorney and police judge, and specifying the powers, duties and compensation of such officers; creating departments and other officers within the municipal government and defining their powers and duties; providing for revenue, finances, municipal bonds and franchises, local improvements, elections, a civil service system; providing general and transitional provisions and for the imposition of fines and penalties; repealing certain acts; and providing other matters properly relating thereto, approved March 30, 1965, and all acts amendatory thereof, are hereby repealed.
Sec. 3. This act shall become effective on July 1, 1973, but the provisions of Article XI of section 1 of this act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 424κ
Assembly Bill No. 221Mr. Fry
CHAPTER 267
AN ACT relating to local improvement districts; authorizing nonproperty-owning residents of the district to vote at district elections; authorizing financing and construction of district improvements in accordance with the Consolidated Local Improvements Law; increasing the permitted interest rates on general obligation bonds; permitting the issuance of short-term obligations and revenue bonds; establishing procedures for dissolution, consolidation and merger of districts; updating local improvement district election procedures; and providing other matters properly relating thereto.
[Approved April 13, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 309 of NRS is hereby amended by adding thereto the provisions set forth in sections 2 to 7, inclusive, of this act.
Sec. 2. Any district organized pursuant to this chapter is authorized to conduct proceedings in accordance with the provisions of the Consolidated Local Improvements Law, as from time to time amended. The authorization contained in this section shall constitute full authority for the exercise of powers granted in the Consolidated Local Improvements Law and shall be deemed a mode of financing and making improvements additional to and separate from all other methods and procedures.
Sec. 3. 1. Whenever a majority of the members of the board of county commissioners of any county deem it to be in the best interests of the county and of the district that any such district be merged, consolidated or dissolved, it shall so determine by ordinance, after there is first found, determined and recited in such ordinance that:
(a) All outstanding indebtedness and bonds of all kinds of the district have been paid or will be assumed by the resulting merged or consolidated unit of government.
(b) The services of such district are no longer needed or can be more effectively performed by an existing unit of government.
2. The county clerk shall thereupon certify a copy of the ordinance to the board of directors of such district and shall give notice by publication and mailing of:
(a) The adoption of such ordinance;
(b) The determination of the board of county commissioners that the district should be dissolved, merged or consolidated; and
(c) The time and place for hearing on dissolution, merger or consolidation.
3. Notice by publication shall be given by publication of such notice at least once a week for 3 consecutive weeks by three weekly insertions in at least one newspaper of general circulation in the district, the first publication to be at least 15 days prior to the date of the hearing. Notice by mail shall be given by a single mailing by first class mail (or its equivalent), postage prepaid, by deposit in the United States mails, at least 15 days prior to the date of the hearing, such notice to be mailed to each last-known owner of land within any district proposed to be dissolved or merged, and within each district proposed to be consolidated at the last-known address of such owner, such addresses and owners being those appearing on the real property assessment rolls for general (ad valorem) taxes of the county and from such other sources as the secretary of the district deems reliable.
κ1971 Statutes of Nevada, Page 425 (CHAPTER 267, AB 221)κ
appearing on the real property assessment rolls for general (ad valorem) taxes of the county and from such other sources as the secretary of the district deems reliable.
Sec. 4. 1. Any taxpaying elector within the district may, on or before the date fixed, protest against the dissolution, merger or consolidation of such district, in writing, which protest shall be filed with the county clerk of such county.
2. If, at or before the time fixed by the ordinance and notice, written protest is filed, signed by 51 percent or more of the taxpaying electors within the district, the district shall not be dissolved, merged or consolidated. If any written protests are filed and the board of county commissioners determines that the protests so filed represent less than 51 percent of the taxpaying electors of the district, the board may, if it so determines, complete the dissolution, merger or consolidation by the adoption of a final ordinance of dissolution, which ordinance shall contain a recital as to the percentage of protests. Such recital shall be binding and conclusive for all purposes. In the ordinance of dissolution the board of county commissioners shall fix the effective date of the dissolution, merger or consolidation, which date shall not be sooner than the effective date of such ordinance.
Sec. 5. At the place, date and hour specified for the hearing in the notice or at any subsequent time to which the hearing may be adjourned, the board of county commissioners shall:
1. Give full consideration to all protests which may have been filed;
2. Shall hear all persons desiring to be heard; and
3. Shall thereafter adopt either the final ordinance of dissolution, merger or consolidation or an ordinance determining that it shall not be dissolved, merged or consolidated.
Sec. 6. Within 30 days after the effective date of any ordinance dissolving, merging or consolidating the district, the county clerk shall file a copy of the ordinance in his office and shall cause to be filed an additional copy of the ordinance in the office of the secretary of state, which filings shall be without fee and be otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.
Sec. 7. 1. All property and all funds remaining in the treasury of any district shall be:
(a) Surrendered and transferred to the county in which the district exists and shall become a part of the general fund of the county, if such district is dissolved;
(b) Transferred to the governmental unit which assumes its obligations and functions, if such district is merged; and from and after the effective date of the merger, all of the laws, rights, powers and duties applicable to the lands and inhabitants of the governmental unit assuming such obligations and functions shall apply with equal force and effect to the lands and inhabitants of the district so merged; or
(c) Transferred to the consolidated governmental unit, if such district is consolidated.
2. All outstanding and unpaid tax sales and levies and all special assessment liens of a dissolved district shall be valid and remain a lien against the property against which they are assessed or levied until paid, subject, however, to the limitations of liens provided by general law.
κ1971 Statutes of Nevada, Page 426 (CHAPTER 267, AB 221)κ
Taxes and special assessments paid after dissolution shall be placed in the general fund of the county in which the property was assessed.
3. The board of county commissioners shall have the same power to enforce the collection of all outstanding tax sales of the district as the district would have had if it had not been dissolved, merged or consolidated and the same powers to enforce the collection of special assessments.
4. If any area comprising the district or portion thereof is annexed to a city or town within 6 months from the effective date of the dissolution ordinance, a pro rata share of all such property and funds shall be transferred to the municipality.
Sec. 8. NRS 309.090 is hereby amended to read as follows:
309.090 [No person shall be permitted to vote in any biennial election of the district unless the secretary certifies that such person has taken the following oath, in substance: I am, or have declared my intention to become a citizen of the United States, am over the age of 21 years, and am, or properly represent, under the law in pursuance of which this election is to be held, the bona fide holder of title or evidence of title, as defined in NRS 309.030, to land within the boundaries of the .............................. improvement district, and such holding is for all purposes and not simply for this election or matters connected therewith. The president or vice president of a qualified corporation may register in its behalf, or any other person may register on behalf of such corporation upon being duly authorized by the president or vice president thereof in writing. The registrar shall require registrants on behalf of a corporation to take the following oath, in substance: I am over the age of 21 years and the (president or vice president) of (naming the corporation) or have been duly authorized in writing to register on behalf of (naming the corporation); that the corporation is organized under or has qualified under the laws of Nevada to transact business therein and is the holder of title or evidence of title to land as defined in chapter 309 of NRS within the boundaries of the .............................. improvement district.] The board of directors may direct that no person shall be entitled to vote at a district election unless such person executes an affidavit affirming that he or she has the necessary qualifications to vote at such election.
Sec. 9. NRS 309.110 is hereby amended to read as follows:
309.110 1. Any person [, male or female, of the age of 21 years or over, whether a resident of the district or not,] who is [or has declared his intention to become a citizen of the United States and] qualified to vote at general elections in this state and who is a resident of the district or who is a bona fide holder of title or evidence of title, as defined in NRS 309.030, to land situated in the district shall be entitled to one vote at any election held under the provisions of this chapter, and shall be held to be referred to whenever the words elector or electors are used herein.
2. Any elector residing outside of the district holding land in the district and qualified to vote at district elections shall be considered as a resident of that division and precinct of the district in which the major portion of his lands are located, for the purpose of determining his place of voting and qualifications for holding office.
κ1971 Statutes of Nevada, Page 427 (CHAPTER 267, AB 221)κ
3. Any elector residing within the district boundaries shall be deemed a resident of the division in which he actually resides for the purpose of determining his qualifications for voting and holding office.
4. A guardian, executor or administrator shall be considered as the holder of title or evidence of title, as prescribed in NRS 309.030, to the land in the estate for which he is such guardian, executor or administrator, and shall have the right to sign petitions, vote and do all things that any elector may or can do under this chapter.
5. Corporations holding land in the district shall be considered as persons entitled to exercise all the rights of natural persons, and the president of the corporation, or other person duly authorized by the president or vice president, in writing, may sign any petition authorized by this chapter and [register and] cast the vote of the corporation at any election.
Sec. 10. NRS 309.120 is hereby amended to read as follows:
309.120 1. The officers of such district shall consist of three, five or seven directors as aforesaid, a president and a vice president elected from their number, a secretary and a treasurer. The board may also appoint an assistant secretary who shall exercise such of the powers and perform such of the duties of the secretary as may be designated by the board of directors, except that such assistant secretary shall not be invested with authority to sign on behalf of the secretary any bonds of the district. The secretary and treasurer shall be appointed by the board of directors and may or may not be members of the board. Such officers shall serve at the will of the board. One person may be appointed to serve as secretary and treasurer.
2. The directors immediately upon their election and qualification shall meet and organize. The board of directors shall designate some place within the county where the organization of the district was effected as the office of the board, and the board shall hold a regular monthly meeting in its office on such day of the month as that fixed upon by resolution duly entered upon the minutes, and when the time for such a monthly meeting has been fixed it cannot again be changed for 12 months, and it can only be changed by resolution passed at least 2 months prior to the time such change shall take effect and upon publication in a newspaper of general circulation in the district for at least 2 weeks prior to such change. Should the regular meeting day fall upon a nonjudicial day, such meeting shall be held on the first judicial day thereafter.
3. The board of directors shall hold such special meetings as shall be required for the purpose of transaction of business; but all special meetings must be called by the president or a majority of the board. The order calling such special meeting shall be entered on the record, and the secretary shall give each member not joining in the order 3 days notice of such special meeting. The order must specify the business to be transacted at such special meeting; and none other than that specified shall be transacted.
4. Whenever all members of the board are present at a meeting, the same shall be deemed a legal meeting and any lawful business may be transacted. All meetings of the board shall be public and a majority of the members shall constitute a quorum for the transaction of business, but on all questions requiring a vote there shall be a concurrence of at least a majority of the members of the board.
κ1971 Statutes of Nevada, Page 428 (CHAPTER 267, AB 221)κ
on all questions requiring a vote there shall be a concurrence of at least a majority of the members of the board.
5. All records of the board shall be open to the inspection of any elector during business hours.
6. [On the 1st Monday in May] At the regular monthly meeting in January next following their elections, the board of directors shall meet and organize and elect a president and vice president and appoint a secretary and treasurer. The appointees aforesaid shall file bonds, which shall be approved by the board, for the faithful performance of their duties.
7. Any vacancies in the office of directors shall be filled from the division in which the vacancy occurs by the remaining members of the board. A director appointed to fill a vacancy, as above provided, shall hold his office until the next biennial election and until his successor is elected and qualified.
Sec. 11. NRS 309.280 is hereby amended to read as follows:
309.280 The secretary of the board of directors shall be the assessor of the district, and on or before [June 15] January 1 of each year shall prepare an assessment book containing a full and accurate list and description of all the land of the district, and a list of the persons who own, claim or have possession or control thereof during the year, giving the number of acres listed to each person. If the name of the person owning, claiming, possessing or controlling any tract of land is not known, it shall be listed to unknown owner.
Sec. 12. NRS 309.290 is hereby amended to read as follows:
309.290 The board shall meet at its regular monthly meeting in [August] February of each year to correct assessments and may at such meeting correct assessments so as to conform with the benefits apportioned as herein provided for to pay obligations incurred or make up deficiencies arising from any source, and also to apportion and distribute benefits and assessments by reason of additional land in the district becoming subject thereto, and the secretary shall publish notice of such meeting for 2 weeks in a newspaper published in the county in which the district was organized. In the meantime the assessment book or books shall remain in the office of the secretary for the inspection of all parties interested. The board of directors, which is hereby constituted a board of correction for the purpose, shall meet and continue from day to day as long as may be necessary, not to exceed 5 days, exclusive of holidays, and may make such changes in the assessment book or books as may be necessary to have it conform to the facts. Within 10 days after the close of the season the secretary of the board shall have the corrected assessment book or books completed.
Sec. 13. NRS 309.300 is hereby amended to read as follows:
309.300 1. At its regular meeting in [July] January the board of directors shall fix the rate and levy an assessment upon the lands in the district, in accordance with the provisions of this chapter, which levy and assessment shall be sufficient to raise the annual interest on the outstanding bonds or any contractual obligation. The board must increase the assessment in such amount as may be necessary from year to year to raise a sum sufficient to pay the principal of any outstanding contractual obligation, as such principal may be required to be paid under the terms of the contract.
κ1971 Statutes of Nevada, Page 429 (CHAPTER 267, AB 221)κ
of the contract. The board may levy a tax upon the lands in the district either upon the same pro rata basis as benefits may have been apportioned, or otherwise, as the case may be, in order to secure such funds as may be deemed necessary to replace any deficit that may occur in a fund created for the repayment of a district obligation by reason of tax delinquencies. The secretary of the board shall compute and enter in a separate column of the assessment book or books the respective sums to be paid as an assessment on the property therein enumerated. Except as otherwise provided herein, assessments made for any of the other purposes of this chapter shall be made and levied as above provided and entered in appropriate columns of the assessment book or books.
2. In case of failure or refusal of the board of directors to levy an assessment as in this section provided, then, in the event such assessment has not otherwise been levied, the board of county commissioners of the county in which the office of the district is located shall levy such assessment at its next regular meeting, or at a special meeting called for such purpose. The irrigation district bond commission, at any time upon obtaining knowledge of such failure or refusal, shall have power, and the state board of irrigation district bond commissioners shall levy such assessment forthwith. The district attorney of the county in which the office of any improvement district is located, at the time such assessment should be made, shall ascertain the fact in respect to the same, and, if such assessment has not been made by the board of directors as required, shall immediately notify the board of county commissioners, the state board of irrigation district bond commissioners, and the attorney general in respect to such failure. The district attorney and the attorney general shall aid in obtaining the earliest possible assessment following such failure or refusal of the district board to act. Where the last preceding assessment made will raise a sufficient revenue for the purpose of this section, in the event no other assessment is made, such assessment shall be deemed to have been levied for succeeding years, so long as it will produce the revenue required, and the taxes shall be collected in the same manner, and all officers shall perform the same duties in respect thereto, as though such assessment had been made for the particular year by the board of directors of the district. Where the assessment which should have been levied can be determined by a mere mathematical computation based on the relation between the amount to be raised for interest or interest and the redemption of bonds for any particular year and the apportionment of benefits in the district, such assessment shall be deemed to have been made, and the taxes based thereon shall be collected the same as though such assessment had been regularly levied by the board of directors of the district.
Sec. 14. NRS 309.320 is hereby amended to read as follows:
309.320 1. An assessment book shall be made up for the lands in each county in which the district is situated and the secretary of the board of directors shall forthwith certify the same not later than [October 15] April 15 of each year to the county auditor, or county auditors, as the case may be, who shall enter such assessments in the tax rolls of such county or counties. The assessments when levied and enrolled shall become due and delinquent at the same time and be subject to the same penalties and shall be collected by the same officers and in the same manner as state and county taxes.
κ1971 Statutes of Nevada, Page 430 (CHAPTER 267, AB 221)κ
manner as state and county taxes. The county auditor, district attorney, clerk and treasurer shall do and perform all acts necessary to accomplish the collection of the same with penalties and the sale for delinquency and redemption of the lands involved. The secretary of the board of directors, at the time of delivering the assessment roll of the district to each county auditor, shall attach thereto in some suitable form a recapitulation list showing the name or names of each person, corporation or association listed in the assessment roll and the amount of money assessed and to be collected by the county treasurer or tax collector, which recapitulation list shall be delivered by the county auditor to the county treasurer, together with the assessment roll. The county treasurer shall insert after each name, in a proper column provided for that purpose, the amount paid by each person, corporation or association appearing on the assessment roll, or by stamping the word Paid after each sum if the assessment is paid in full. The recapitulation list shall be redelivered by the county treasurer to the district treasurer, together with the full amount of moneys collected, not later than [December 15 of each year.] 30 days after the delinquent due date to the county recorder of such moneys. The county treasurer shall also include in a report to the district treasurer the amount of any delinquent taxes collected, including the names of the persons paying the same and the years for which paid.
2. [On or before June 15 of each year the county treasurer shall return to the district treasurer the duplicate tax roll containing, in a proper column provided therefor, the amount of money paid by each person, or the word Paid stamped thereon after each person assessed if paid in full, together with a statement of the amount of any delinquent taxes collected, giving the name of the party paying the same and the year for which paid; also, at such time the county treasurer shall deliver to the district treasurer all moneys collected for the district subsequent to the preceding December 15. The county treasurer, prior to the time of redelivery of the recapitulation list and prior to the time of redelivery of the duplicate assessment roll to the district treasurer, shall report to the county auditor the amount of money which he has collected for and on behalf of the district, and thereupon the county auditor shall draw his warrant for the same, placing the same in the hands of the county treasurer who is authorized to pay the moneys to the district treasurer at the time of delivering the report.] Moneys collected by the county treasurer on behalf of the district shall be paid over to the district in the same manner as are general (ad valorem) taxes collected by the county on behalf of the district or a like public entity.
Sec. 15. NRS 309.331 is hereby amended to read as follows:
309.331 Any district heretofore or hereafter organized pursuant to the provisions of this chapter shall have the power to borrow money either as a general obligation of the district [,] or as a special obligation of the district, to evidence the same and to apply the proceeds thereof as hereinafter provided in NRS 309.332 to 309.339, inclusive. NRS 309.332 to 309.339, inclusive, without reference to other parts of this chapter (except as otherwise expressly provided in NRS 309.332 to 309.339, inclusive), shall constitute full authority for the exercise of the powers therein granted and shall be deemed to constitute a mode of financing and making improvements additional to and separate from all other methods and procedures.
κ1971 Statutes of Nevada, Page 431 (CHAPTER 267, AB 221)κ
other methods and procedures. Without limiting the generality of the foregoing, such [general obligation] financing shall take place without adherence to the following provisions: NRS 309.050 to 309.110, inclusive; subsection 3 of NRS 309.130; and NRS 309.170 to 309.330, inclusive.
Sec. 16. NRS 309.332 is hereby amended to read as follows:
309.332 1. To carry out the purposes of this chapter, the board is authorized to issue [negotiable coupon general obligation bonds of the district.
2. General obligation bonds shall:
(a) Bear interest at a rate not exceeding 6 percent per annum, payable semiannually.
(b) Be due and payable serially, either annually or semiannually, commencing not later than 3 years and extending not more than 30 years from date.
(c) Be in such denominations as the board determines and the bonds and coupons thereto attached shall be payable to bearer, or may be registered as to principal or interest, or both.
(d) Be executed in the name of and on behalf of the district and signed by the president of the board with the seal of the district affixed thereto and attested by the secretary of the board.
(e) Be issued in one or more series.
(f) Be payable as to principal, interest and prior redemption premiums, if any, at such place or places within or without the State of Nevada as the board shall determine.
3.] the following types of securities:
(a) Short-term notes, warrants and interim debentures;
(b) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;
(c) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge and lien on net revenues;
(d) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any general (ad valorem) property taxes or other special assessments, which payment is secured by a pledge of and lien on such net revenues; or
(e) Any combination of such securities.
2. Interest coupons thereon shall bear the facsimile signature of the president of the board.
[4.] 3. The form and terms of the general obligation bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity upon payment of a premium, not exceeding 5 percent of the principal thereof.
Sec. 17. NRS 309.333 is hereby amended to read as follows:
309.333 1. Whenever any board determines, by resolution, that the interest of the district and the public interest or necessity demand the acquisition, construction, installation or completion of any works or other improvements or facilities, to carry out the objects or purposes hereof, requiring the creation of a general obligation indebtedness of $5,000 or more, the board shall order the submission of the proposition of issuing general obligation bonds to the [general taxpaying] electors of the district at an election held for that purpose.
κ1971 Statutes of Nevada, Page 432 (CHAPTER 267, AB 221)κ
general obligation bonds to the [general taxpaying] electors of the district at an election held for that purpose.
2. [General taxpaying elector means a natural person who is qualified to vote at general elections in this state, and who, or whose spouse, owns real or personal property within the district and has paid general taxes thereon within the 12 months preceding such election.] Elector means any person entitled to vote as described in NRS 309.110. A person who is obligated to pay general taxes under a contract to purchase real property within the district shall be considered as an owner within the meaning of [this] such definition. Registration pursuant to the general election (or any other) statutes is not required. Residence in the county is not required. The election officials may in their discretion require the execution of voter affidavits in determining such qualifications to vote at such bond elections.
3. Any such election may be held separately, or may be consolidated or held concurrently with any other election authorized by this chapter.
4. There shall be no absentee voting at any such election.
5. The declaration of public interest or necessity required by this section and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall:
(a) Recite the objects and purposes for which such indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be (including interest on such general obligation bonds for not exceeding 12 months from their date and including the total of all estimated expenses incidental to their issuance), the amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness.
(b) Fix the date upon which such election shall be held and the manner of holding the same and the method of voting for or against the incurring of such proposed indebtedness.
(c) Fix the compensation to be paid the officers of the election, designate the polling place or places and appoint officers of such election.
Sec. 18. NRS 309.336 is hereby amended to read as follows:
309.336 1. If it appears from the returns that a majority of the [general taxpaying] electors of the district who have voted on any proposition submitted under the provisions of NRS 309.332 to 309.339, inclusive, at such election voted in favor of such proposition, the district shall thereupon be authorized to issue and sell such general obligation bonds of the district for the purpose or purposes and object or objects provided for in the proposition submitted and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in such resolution.
2. Submission of the proposition of incurring such general obligation indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent election or elections called for such purpose.
Sec. 19. NRS 309.337 is hereby amended to read as follows:
309.337 The provisions of the Local Government Securities Law, as from time to time amended, [including without limitation NRS 350.600,] shall be applicable to any [general obligation bond issue] securities authorized to be issued under NRS 309.332 to 309.339, inclusive, but in the event of conflict the provisions of NRS 309.332 to 309.339, inclusive, shall be controlling.
κ1971 Statutes of Nevada, Page 433 (CHAPTER 267, AB 221)κ
as from time to time amended, [including without limitation NRS 350.600,] shall be applicable to any [general obligation bond issue] securities authorized to be issued under NRS 309.332 to 309.339, inclusive, but in the event of conflict the provisions of NRS 309.332 to 309.339, inclusive, shall be controlling. The application of the Local Government Securities Law shall include, without limitation, the application of NRS 350.600 to any general obligation of the district.
Sec. 20. This act shall become effective upon passage and approval.
________
Assembly Bill No. 564Committee on Elections
CHAPTER 268
AN ACT relating to elections; amending provisions of the election laws of the state; and providing other matters properly relating thereto.
[Approved April 14, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 2. (Deleted by amendment.)
Sec. 3. To qualify as a political party any organization shall, under a common name or designation, file a petition with the secretary of state not less than 60 days prior to any primary election signed by a number of registered voters equal to or more than 5 percent of the entire number of votes cast at the last preceding general election for Representative in Congress, declaring that they represent a political party or principle the name of which is stated in the petition, and that they desire to participate and nominate candidates in the primary election. The names of the voters need not all be on one petition, but each petition shall be verified by at least one signer thereof to the effect that the signers are registered voters of the state according to his best information and belief.
Sec. 4. 1. The county clerk of each county shall prepare an absent ballot for the use of registered voters who will be unable to vote at the polling place on election day. Such ballot shall be prepared and ready for distribution not later than 30 days prior to the election in which it is to be used.
2. Any legal action which would prevent such ballot from being issued 30 days before the election for which it is to be used shall be moot and of no effect.
Sec. 5. NRS 281.050 is hereby amended to read as follows:
281.050 1. The legal residence of a person with reference to his eligibility to office is that place where he shall have been actually, physically and corporeally present within the state or county [,] or district, as the case may be, during all of the period for which residence is claimed by him.
κ1971 Statutes of Nevada, Page 434 (CHAPTER 268, AB 564)κ
him. Should any person absent himself from the jurisdiction of his residence [with the intention in good faith to return without delay and continue his residence, the time of] such absence shall [not] be considered in determining the [fact of such residence.] question of legal residence.
2. The district court shall have jurisdiction to determine the question of legal residence in an action for declaratory judgment.
Sec. 6. NRS 293.073 is hereby amended to read as follows:
293.073 Political party means [an organization of voters qualified to participate in a primary election in either of the following ways:
1. Any] any organization of [electors] registered voters which, under a common name or designation at the last preceding general election, polled for any of its candidates a number of votes equal to or more than 5 percent of the total vote cast for Representative in Congress.
[2. Any organization which, under a common name or designation files a petition with the secretary of state not less than 60 days prior to any primary election signed by a number of qualified electors equal to or more than 5 percent of the entire number of votes cast at the last preceding general election for Representative in Congress declaring that they represent a political party or principle, the name of which is stated in the petition, and that they desire to participate and nominate candidates in the primary election. The names of the electors need not all be on one petition, but each petition shall be verified by at least one signer thereof to the effect that the signers are qualified electors of the state according to his best information and belief.]
Sec. 7. NRS 293.130 is hereby amended to read as follows:
293.130 1. On dates set by the respective state central committees, but if no earlier date is set then on the 2nd Tuesday in April, in each year in which a general election is to be held, a county convention of each political party shall be held at the county seat of each county [.] or at such other place in the county as the county central committee designates.
2. The county central committee of each political party shall cause notice of the holding of such county convention of its party to be published in one or more newspapers, if any, published in such county, which notice shall be in substantially the following form:
NOTICE OF .................... (NAME OF PARTY) .................... CONVENTION
Notice is hereby given that the county Convention of the .................... Party for .................... County will be held at .................... in ...................., [the county seat of the county, at 11 a.m.,] on ...................., the ............. day of ...................., 19.....; that at the convention delegates to the ........................................ State Convention will be elected, a county central committee to serve for the ensuing 2 years will be chosen, and other party affairs may be considered; that delegates to such county convention shall be chosen at ....................(name of party).................... [mass] precinct meetings to be held in each voting precinct in the county on or before the ............. day of ...................., 19.....; and that each of the voting precincts is entitled to the number of delegates specified below after the name of such precinct, as follows:
κ1971 Statutes of Nevada, Page 435 (CHAPTER 268, AB 564)κ
Name of precinct Number of delegates
................................................................. to ...................................................................
................................................................. to ...................................................................
...............(Name of party)....................
County Central Committee of ............. County, Nevada
By....................................... (Its Chairman)
And.................................... (Its Secretary)
Sec. 8. NRS 293.133 is hereby amended to read as follows:
293.133 1. The number of delegates from each voting precinct in each county to the county convention of any political party for such county shall be in proportion to the number of registered voters of that party residing in such precinct as follows:
Counties with fewer than 400 registered voters. In the counties in which the total number of registered voters of that party has not exceeded 400, each precinct shall have one delegate for each five such registered voters.
Counties with 400-600 voters. In counties in which such total number or registered voters of that party has exceeded 400 but has not exceeded 600, each precinct shall have one delegate for each eight such registered voters.
Counties with 600-800 registered voters. In counties in which such total number of registered voters of that party has exceeded 600 but has not exceeded 800, each precinct shall have one delegate for each 10 such registered voters.
Counties with 800-1,400 registered voters. In counties in which such total number of registered voters of that party has exceeded 800 but has not exceeded 1,400, each precinct shall have one delegate for each 15 such registered voters.
Counties with 1,400-2,000 registered voters. In counties in which such total number of registered voters of that party has exceeded 1,400 but has not exceeded 2,000, each precinct shall have one delegate for each 20 such registered voters or major fraction of such number.
Counties with 2,000-3,000 registered voters. In counties in which such total number of registered voters of that party has exceeded 2,000 but has not exceeded 3,000, each precinct shall have one delegate for each 30 such registered voters or major fraction of such number.
Counties with 3,000-4,000 registered voters. In counties in which such total number of registered voters of that party has exceeded 3,000 but has not exceeded 4,000, each precinct shall have one delegate for each 35 such registered voters or major fraction of such number.
Counties with more than 4,000 registered voters. In counties in which such total number of registered voters of that party has exceeded 4,000, each precinct shall have one delegate for each 50 such registered voters or major fraction of such number.
2. The county clerk shall determine the number of registered voters of each party in each precinct as of the 1st Monday in January of each [even-numbered year,] year in which a convention is held, and shall notify the county central committee of each political party of such numbers within 30 days after such determinative date.
3. In all counties every precinct shall be entitled to at least one delegate to each county convention.
κ1971 Statutes of Nevada, Page 436 (CHAPTER 268, AB 564)κ
Sec. 9. NRS 293.135 is hereby amended to read as follows:
293.135 1. The county central committee of each political party in each county shall cause a [mass] precinct meeting of the registered voters of the party, registered as such, residing in each voting precinct entitled to delegates in the county convention, to be called and held on or before the fifth day preceding the dates set by the respective state central committees in each year in which a general election is held, or if no earlier date is set then on or before the fifth day before the 2nd Tuesday in April.
2. The meeting may be held:
(a) In any building, public or private, within the precinct; or
(b) If no suitable public or private building is available within the precinct, then in any public building within the ward or voting district, if any, in which such precinct is located.
3. The county central committee shall give notice of the meeting by:
(a) Posting in a conspicuous place outside the building where the meeting is to be held at least 5 days prior to the date of such meeting:
(b) Publication at least 5 days prior to the date of such meeting in one or more newspapers of general circulation in the precinct, published in the county, if any are so published. The notice shall be printed in conspicuous display advertising format of not less than 10 column inches, and shall include the following language, or words to like effect:
NOTICE TO ALL VOTERS REGISTERED
IN THE (STATE NAME OF POLITICAL PARTY)
Nevada state law requires each political party, in every year during which a general election is held, to cause a [mass] precinct meeting to be held in each precinct. All persons registered in that party and residing in that precinct are entitled to attend the [mass] precinct meeting. Delegates to your partys county convention will be elected at the meeting by those in attendance. Set forth below are the time and place at which your [mass] precinct meeting will be held, together with the number of delegates to be elected from each precinct. If you wish to participate in the organization of your party for the coming 2 years, attend your [mass] precinct meetings.
(c) Such further means as conditions existing in the precinct may reasonably require.
4. The notice shall specify:
(a) The date, time and place of the meeting; and
(b) The number of delegates to the county convention to be chosen at the meeting.
Sec. 10. NRS 293.140 is hereby amended to read as follows:
293.140 1. At a time and date set by the respective state central committees in each year in which a general election is held, or if no earlier date be fixed then on the 2nd Tuesday in April, the delegates so elected to each party county convention shall convene at [the place in] the county seat [designated by the partys] , or at such other place in the county as the county central committee shall designate, and there organize, elect the delegates to which the [qualified electors] registered voters of the party residing in the county are entitled in the state convention of the party, and also elect the members of the county central committee of their party for the ensuing term.
κ1971 Statutes of Nevada, Page 437 (CHAPTER 268, AB 564)κ
also elect the members of the county central committee of their party for the ensuing term. They may also adopt a county platform and take such other action, consistent with the provisions of this chapter, pertaining to the affairs of their party in such county, as they may deem proper.
2. The manner of organizing such conventions shall be as follows:
(a) The county central committee shall, prior to the date of the convention, designate a preliminary credentials committee to examine the credentials of all persons claiming to be delegates. All such persons concerning whose credentials there is no dispute shall be seated as delegates.
(b) The persons so seated shall elect a temporary chairman, who shall appoint a temporary secretary and a credentials committee to examine and report on all cases of disputed credentials.
(c) When all such disputes have been determined, the convention shall complete its organization and adopt its agenda.
3. The chairman and the secretary of each county convention shall certify to the state convention the result of the election by the county convention of delegates to the state convention.
Sec. 11. (Deleted by amendment.)
Sec. 12. NRS 293.153 is hereby amended to read as follows:
293.153 The state central committee of each political party shall consist of as many [qualified electors] registered voters affiliated with such party as may be determined by the state convention of such party, but there shall be at least one member from each county in the state.
Sec. 13. NRS 293.165 is hereby amended to read as follows:
293.165 1. A vacancy occurring in a party nomination for office may be filled by a candidate designated by the appropriate political party central committee of the county or state, as the case may be, where:
(a) The nominee dies after the primary election and before the [general election.] 3rd Tuesday in September.
(b) The only person who has filed a declaration or acceptance of candidacy dies after the close of filing and before the primary election.
2. A vacancy occurring in a nonpartisan nomination after a primary election and before [a general election] the 3rd Tuesday in September shall be filled by the person who received the next highest vote for such nomination in the primary. [If there is no such person, the vacancy may be filled by filing a petition with the proper filing officer designating a candidate and signed by a number of registered voters equal to 5 percent or more of the number of voters who voted at the last preceding general election in the township, county, district or state, as the case may be.]
3. No change shall be made on the ballot after the 3rd Tuesday in September of the year in which the general election is held. If a nominee dies after that date, his name shall remain on the ballot and, if elected, a vacancy shall exist.
4. All designations and petitions provided for in this section shall be filed before 5 p.m. of the [1st Wednesday in October.] 3rd Tuesday in September. In each case, the statutory filing fee shall be paid and an acceptance of the nomination or designation shall be filed before 5 p.m. of the [1st Wednesday in October.] 3rd Tuesday in September.
Sec. 14. NRS 293.166 is hereby amended to read as follows:
293.166 1. A vacancy occurring in a party nomination for the office of state senator or assemblyman from a legislative district comprising more than one county may be filled by the appropriate political party as provided in subsection 2 where:
κ1971 Statutes of Nevada, Page 438 (CHAPTER 268, AB 564)κ
more than one county may be filled by the appropriate political party as provided in subsection 2 where:
(a) The nominee dies after the primary election and before the [general election.] 3rd Tuesday in September.
(b) The only person who has filed a declaration or acceptance of candidacy dies after the close of filing and before the primary election.
2. In filling such a vacancy, the chairman and two other members of the county central committee, chosen by the committee, from each county all or part of which is included within the legislative district, shall meet as a joint selection committee under the chairmanship of the chairman from the most populous county. If no person receives a plurality of the votes of the joint committee, the representatives of the respective counties shall each as a group select one candidate, and the nominee shall be chosen by drawing lots among the persons so selected.
3. No change shall be made on the ballot after the 3rd Tuesday in September of the year in which the general election is held. If a nominee dies after that date, his name shall remain on the ballot and, if elected, a vacancy shall exist.
4. The designation of a nominee pursuant to this section shall be filed with the secretary of state before 5 p.m. of the [1st Wednesday in October,] 3rd Tuesday in September, and the statutory filing fee shall be paid with the designation.
Sec. 15. NRS 293.173 is hereby amended to read as follows:
293.173 1. Before preparing a voting machine for any [general] election, the county clerk shall mail written notices to the chairmen of the county central committees of at least two of the principal political parties, stating the time and place where such machines will be prepared. At the specified time, one representative of each such political party shall be afforded an opportunity to see that the machines are in proper condition for use in the election. Such representatives shall not interfere with the persons assigned to prepare the machines or assume any of their duties.
2. When a machine has been examined by each representative, it shall be sealed with a numbered metal seal. Each representative shall certify: [to:]
(a) [The] As to the number of [machines;] the machine;
(b) [Whether or not all of the public counters are set at zero; and] As to the reading shown on the public counter;
(c) [The] As to the number registered on each protective counter and on each seal [.] ;
(d) That the vote counters are in order; and
(e) That the ballot labels are in the proper arrangement and securely in place.
Sec. 16. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as provided in NRS 293.165, no name may be printed on a ballot or a ballot label to be used at a primary election unless the person named has filed a declaration of candidacy, or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not later than 5 p.m. of the 3rd Wednesday in July.
2. A declaration of candidacy or an acceptance of a candidacy required to be filed by this section shall be in substantially the following form:
κ1971 Statutes of Nevada, Page 439 (CHAPTER 268, AB 564)κ
required to be filed by this section shall be in substantially the following form:
DECLARATION OF CANDIDACY OF .......................................................... FOR
THE OFFICE OF ........................................
|
STATE OF NEVADA
COUNTY OF............................ |
} |
ss. |
For the purpose of having my name placed on the official primary ballot as a candidate for the .................... Party nomination for the office of ...................., I, the undersigned ...................., do swear (or affirm) that I reside at No. ......., .................... Street, in the City (or Town) of ...................., County of ...................., State of Nevada; that I am a registered voter of the election precinct in which I reside; that I am registered as a member of the .................... Party; that I have not changed the designation of my political party affiliation on an official affidavit of registration in any state since the date of the last primary election; that I believe in and intend to support the principles and policies of such political party in the coming election; that if nominated as a nonpartisan candidate or as a candidate of the .................... Party at the ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for the office if elected thereto [.] ; and my name shall appear on all ballots as here designated.
...................................................................
(Designation of name)
...................................................................
(Signature of candidate for office)
Subscribed and sworn to before me this ......... day of ...................., 19......
...................................................................................
Notary Public (or other officer
authorized to administer an oath)
3. A person may be a candidate under the name by which he is a voter, or under any other name which he has borne and by which he is known in the community where he resides.
4. The party designation in nonpartisan elections shall not be shown on the declaration of candidacy.
Sec. 17. NRS 293.180 is hereby amended to read as follows:
293.180 1. Ten or more registered voters may, not earlier than the 2nd Monday in June nor later than 5 p.m. on the 2nd Friday in July, file a certificate of candidacy designating any [elector] registered voter as a candidate [of any political party for nomination] for his partys nomination for any partisan elective office, or as a candidate for nomination for any nonpartisan office. When such certificate has been filed, the officer in whose office it is filed shall notify the [elector] person named in such certificate.
κ1971 Statutes of Nevada, Page 440 (CHAPTER 268, AB 564)κ
certificate. If the [elector] person named in the certificate files an acceptance of such candidacy and pays the required fee, as provided by law, he shall be a candidate in the primary election in like manner as if he had filed a declaration of candidacy.
2. If any such certificate of candidacy relates to a partisan office, all of the signers shall be of the same political party as the candidate designated.
Sec. 18. NRS 293.200 is hereby amended to read as follows:
293.200 1. Independent candidates for partisan office shall qualify by filing with the proper filing officer a certificate of candidacy signed by a number of registered voters equal to at least 5 percent of the total number of [voters who voted for Representative in Congress] ballots cast at the last preceding general election in the state, district or political subdivision for which the certificate is made, but no such certificate may contain the signatures of less than five registered voters. The certificate may consist of more than one document.
2. Each signer shall add to his signature his place of residence. One of the signers of each such certificate shall sign an affidavit attesting that the signatures on the certificate are genuine to the best of his knowledge and belief.
3. Such certificate of candidacy may state the principle, if any, which the person qualified represents.
4. Certificates of candidacy provided for in this section for officers to be voted for by the registered voters of the entire state or by districts composed of two or more counties shall be filed with the secretary of state and all other such certificates of candidacy shall be filed with the clerk of the county wherein the officers are to be voted for.
5. Certificates of candidacy provided for in this section shall be filed not earlier than the 2nd Monday in June and not later than 5 p.m. on the 2nd Friday in July.
6. No certificate of candidacy, provided for in this section, may contain the name of more than one candidate for each office to be filled.
7. Each independent candidate shall be required to state under oath that he has not been registered as a member of any political party since the date of the last primary election immediately preceding the filing of the certificate.
8. The names of independent candidates shall be placed on the general election ballot and shall not appear on the primary election ballot.
9. If the candidacy of any person seeking to qualify under this section is challenged, all affidavits and documents in support of such challenge shall be filed not later than 5 p.m. on the 3rd Wednesday in July. Any court proceeding resulting from such challenge shall be set for hearing not less than 5 days and not more than 10 days after the 3rd Wednesday in July.
Sec. 19. NRS 293.205 is hereby amended to read as follows:
293.205 On or before the 1st Wednesday in July [,] of every even-numbered year, the county clerk shall establish election precincts, define the boundaries thereof, abolish, alter, consolidate and designate precincts as public convenience, necessity and economy may require in accordance with NRS 293.207 to 293.215, inclusive.
Sec. 20. NRS 293.207 is hereby amended to read as follows:
293.207 Election precincts shall be established on the basis of the numbers of registered voters therein with a maximum limitation of no more than 400 voters per precinct.
κ1971 Statutes of Nevada, Page 441 (CHAPTER 268, AB 564)κ
numbers of registered voters therein with a maximum limitation of no more than 400 voters per precinct.
Sec. 21. NRS 293.210 is hereby amended to read as follows:
293.210 [No] A new precinct may be established [except] upon petition of 10 or more [electors,] registered voters, permanently residing in the area sought to be constituted a precinct, stating that they reside more than 10 miles from any polling place in the county, [unless] if it appears to the satisfaction of the county clerk that not less than 50 [electors] registered voters reside in the area. [, in which event the] The precinct may be established without regard to the distance which the [electors] registered voters reside from another polling place or precinct.
Sec. 22. NRS 293.213 is hereby amended to read as follows:
293.213 1. Whenever there were not more than 20 voters registered in a precinct for the last preceding general election, the county clerk may establish such precinct as a mailing precinct, and shall forthwith mail notification to the deputy registrar for such precinct.
2. The county clerk in any county where an absent ballot central counting board is appointed may abolish two or more existing mailing precincts and combine such mailing precincts into absent ballot precincts and such precincts shall be designated absent ballot mailing precincts.
3. In any county where an absent ballot central counting board is appointed, any established precinct which had less than 200 ballots cast at the last preceding general election, or any newly established precinct with less than 200 registered [electors,] voters, may be designated an absent ballot mailing precinct.
Sec. 23. NRS 293.250 is hereby amended to read as follows:
293.250 1. The secretary of state shall, in a manner consistent with the election laws of this state, prescribe the form of all ballots, absent ballots, diagrams, sample ballots, ballot labels, voting machine labels, certificates, notices, declarations, affidavits of registration, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.
2. He shall prescribe the arrangement of the matter to be printed on every kind of ballot and label, including:
(a) The placement and listing of all offices, candidates and issues upon which voting is statewide, which shall be uniform throughout the state.
(b) The listing of all other candidates required to file with him, and the order of listing all offices, candidates and issues upon which voting is not statewide, from which each county clerk shall prepare appropriate ballot forms for use in his county.
(c) A condensation of each issue or proposition or constitutional amendment into a question not exceeding 25 words, written in easily understood language. Each such condensation shall be placed nearest the spaces or devices for indicating the voters choice.
3. The names of candidates for township and legislative or special district offices shall be printed only on the ballots and ballot labels furnished to voters of such township or district.
4. County clerks may divide paper ballots into two sheets in such a manner as to provide a clear understanding and grouping of all questions and candidates.
κ1971 Statutes of Nevada, Page 442 (CHAPTER 268, AB 564)κ
Sec. 24. NRS 293.257 is hereby amended to read as follows:
293.257 1. There shall be a separate primary ballot for each political party and a separate nonpartisan primary ballot.
2. The names of candidates for partisan offices who have designated a political party in the declaration of candidacy or acceptance of candidacy shall appear on the primary ballot of the political party designated.
3. The names of candidates for nonpartisan offices shall appear on all [political party primary ballots and ballot labels and on] nonpartisan ballots and ballot labels.
Sec. 25. NRS 293.263 is hereby amended to read as follows:
293.263 On political party primary ballots the name of the particular political party shall appear at the top of the ballot. Following this designation shall appear the names of candidates grouped alphabetically under the title of the partisan office for which such candidates filed. [Following the names of candidates for partisan offices shall appear the designation Candidates for nonpartisan offices and the names of candidates grouped alphabetically under the title of the nonpartisan office for which such candidates filed.]
Sec. 26. NRS 293.273 is hereby amended to read as follows:
293.273 1. Except as provided in subsections 2 and 3 and NRS 293.305, at all elections held under the provisions of this Title, the polls shall open at 8 a.m. and close at 6 p.m.
[2. In counties having more than 25,000 registered voters] In counties where voting machines are used, the polls shall open at 7 a.m. and close at 7 p.m.
[3.] 2. Whenever at any election all the votes of the precinct or district, as shown on the checklist and roster, have been cast, the election board officers shall close the polls, and the counting of votes shall begin and continue without unnecessary delay until the count is completed.
[4.] 3. Upon opening the polls one of the election board officers shall cause a proclamation to be made that all present may be aware of the fact that applications of registered voters to vote will be received.
[5.] 4. No person other than election board officers engaged in receiving, preparing or depositing ballots, or issuing voting machines admission authorities, may be permitted inside the guardrail during the time the polls are open, except by authority of the election board as necessary for the purpose of keeping order and carrying out the provisions of this Title.
Sec. 27. NRS 293.285 is hereby amended to read as follows:
293.285 1. A registered voter applying to vote shall state his name to the election board officer in charge of the election board register and such officer shall immediately announce the name and take the registered voters signature. After a registered voter is properly identified at a polling place where ballots are used, one [ballot] partisan ballot and, if required, one nonpartisan ballot, correctly folded shall be given to such voter and the number of such ballot or ballots shall be written by an election board officer upon the pollbook, opposite the name of the registered voter receiving the ballot [.] or ballots.
2. In pollbooks in which voters names have been entered, election officers may indicate the application to vote without writing the name.
3. Where voting machines are used, an admission authority rather than a ballot shall be issued to the registered voter, and the same procedure as in the case of a ballot shall be followed so far as practicable.
κ1971 Statutes of Nevada, Page 443 (CHAPTER 268, AB 564)κ
than a ballot shall be issued to the registered voter, and the same procedure as in the case of a ballot shall be followed so far as practicable. Such admission authority shall entitle the registered voter to vote on a voting machine.
4. No registered voter may enter any voting machine compartment until the machines attendant ascertains that such voter is entitled to vote by his presentation of an admission authority. Before admitting such voter to the compartment, the attendant shall inform him how to operate the machine and illustrate by use of the diagram or model. If any such voter, after entering the voting machine compartment, asks for information regarding the operation of the voting machine, the attendant shall give him the necessary information.
Sec. 28. NRS 293.287 is hereby amended to read as follows:
293.287 1. A registered voter applying to vote at any primary election shall give his political affiliation, if any, to the election board officer in charge of the election board register, and such officer shall immediately announce the name and political affiliation.
2. Any persons right to vote may be challenged by any registered voter upon any of the grounds allowed for a challenge in NRS 293.303 or on the ground that the person applying does not belong to the political party designated upon the register, or that the register does not show that he designated the political party to which he claims to belong.
3. Any such challenge shall be disposed of in the manner provided by NRS 293.303.
4. When the election board is satisfied as to the name, political affiliation and identity of the registered voter, the board shall issue the proper party [or] and nonpartisan ballot or admission authority.
Sec. 29. NRS 293.313 is hereby amended to read as follows:
293.313 1. Any registered voter who executes a statement in substantially the form provided in subsection 3 may vote an absent ballot as provided in this chapter if, on the day of voting at any general or primary election, he is or expects to be:
(a) Absent from the precinct or district in the county of his residence because of the nature of his vocation, business or any other unavoidable cause.
(b) Unable, because of illness or physical disability, to go to the polling place; or
(c) In the service of the United States.
2. The spouses and dependents of any voter referred to in subsection 1 may vote in the same manner as such voter if, by reason of the services of such voter, they are required to reside beyond the boundaries of the state.
3. The county clerk shall furnish, upon request, an application for absent ballot substantially in the following form:
APPLICATION FOR ABSENT BALLOT
for the ........................................ election, held on ........................................
(Date)
Name ........................................ Residence address at which registered to vote
κ1971 Statutes of Nevada, Page 444 (CHAPTER 268, AB 564)κ
vote ..............................................................................................................................................
(Street) (Town or City)
in ........................................ Precinct. Political party affiliation........................................
(Check one of the blocks below consistent with your intention.)
o I intend to establish my residence outside of ........................................ County, Nevada, and hereby request that my present affidavit of registration to vote in this county be canceled after I use this ballot.
o I do not intend to abandon my residence in ........................................ County, Nevada, and I intend to vote in the next election in this county.
I will not be present at my regular precinct polling place on the above election day and hereby request, in compliance with chapter 293 of NRS, that an absent ballot be sent to me at
.......................................................................................................................................................
(Complete address to which ballot is to be sent including zip code)
...................................................................
(Applicants signature)
4. The form prescribed by subsection 3 may be of such size and include additional spaces properly designated as are necessary for the application to be used as a part or a page of the absent ballot record book required by NRS 293.325, but this subsection shall not be construed to preclude the use of a separate record book.
5. Any person who has voted by absent ballot at two consecutive general elections shall be required to reregister before voting in any subsequent election.
Sec. 30. NRS 293.316 is hereby amended to read as follows:
293.316 1. Any registered voter unable to go to the polls because of illness or disability resulting in his confinement in a hospital, sanatorium, dwelling or nursing home may request in a written statement, signed by him, that the county clerk send him an absent ballot. The county clerk shall deliver the ballot, at the office of the clerk, to any authorized representative of the voter possessing a written statement from the voters physician or practitioner or a written statement signed by an official of the hospital, sanatorium or nursing home stating that the voter is a patient in a hospital, sanatorium or nursing home, and stating that the voter will be confined therein on election day. If any registered voter is suddenly hospitalized or becomes seriously ill or is called away from home after the time has elapsed for requesting an absent ballot as provided in NRS 293.315, and is unable to vote at the polling place, he may apply to the county clerk for an absent ballot at any time before 5 p.m. on the day of the election. The county clerk shall issue an absent ballot upon satisfactory proof of the emergency.
2. After marking his ballot the voter shall place it in the identification envelope. He shall then affix his signature on the back of the envelope and return it to the office of the county clerk.
3. A request for a ballot under this section shall be made, and the ballot delivered to the voter and returned to the county clerk, not later than the time the polls close on election day.
4. The procedure authorized by this section shall be subject to all other provisions of this chapter relating to absent ballot voting insofar as those provisions are not inconsistent with the provisions of this section.
κ1971 Statutes of Nevada, Page 445 (CHAPTER 268, AB 564)κ
Sec. 31. (Deleted by amendment.)
Sec. 32. (Deleted by amendment.)
Sec. 33. NRS 293.368 is hereby amended to read as follows:
293.368 1. Whenever a candidate whose name appears upon the ballot at a general election dies after 5 p.m. of the [1st Wednesday in October] 3rd Tuesday in September and before the time of the closing of the polls on the day of the election, the votes cast for such deceased candidate shall be counted in determining the results of the election for the office for which the decedent was a candidate.
2. If the deceased candidate receives the majority of the votes cast for the office, he shall be considered elected and the office to which he was elected shall be vacant at the beginning of the term for which he was elected. The vacancy thus created shall be filled in the same manner as if the candidate had died subsequent to taking office for that term.
Sec. 34. NRS 293.385 is hereby amended to read as follows:
293.385 1. After 3 p.m. on election day, the absent ballot central county board, if any, shall [:
(a) Withdraw] withdraw all the ballots from absent voters ballot boxes and ascertain that each box has the required number of ballots according to the county clerks absent voters ballot record. [; and
(b) Count votes in the same manner as election boards.]
2. If any absent ballots are received by the county clerk on election day, pursuant to NRS 293.316, the county clerk shall hold such ballots until 3 p.m. After 3 p.m., the county clerk shall deposit such absent ballots in the appropriate ballot boxes. [, and then the absent ballot board shall count such votes in the manner prescribed in subsection 1.]
3. After the polls close the absent ballot central counting board shall count the votes in the same manner as election boards.
4. The result of the absent ballot vote in each precinct or district shall be certified and submitted to the county clerk, who shall have such results added to the precinct or district regular votes.
[4. The results of such tally shall not be revealed until after the polls are closed. Any person who reveals the full or partial results of absent balloting prior to the close of the polls is guilty of a misdemeanor.]
Sec. 35. NRS 293.387 is hereby amended to read as follows:
293.387 1. As soon as the returns from all the precincts and districts in any county have been received by the board of county commissioners such board shall meet and proceed to canvass the returns. The canvass shall be completed on or before the [15th] 10th day following the election.
2. In making its canvass, the board of county commissioners shall:
(a) Note separately any clerical errors discovered;
(b) In counties where voting machines are used, note and correct any discrepancies discovered by the county clerk in the statements of votes submitted by the precinct election boards; and
(c) Take account of the changes resulting from such discovery, so that the result declared will represent the true vote cast.
3. The county clerk shall, as soon as the result is declared, enter upon the records of such board an abstract of the result, which shall contain the number of votes cast for each candidate. The board of county commissioners, after making such abstract of votes, shall cause the county clerk, by an order made and entered in the minutes of its proceedings, to make a copy of such abstract and transmit the same to the secretary of state within 10 days after the day of election.
κ1971 Statutes of Nevada, Page 446 (CHAPTER 268, AB 564)κ
by an order made and entered in the minutes of its proceedings, to make a copy of such abstract and transmit the same to the secretary of state within 10 days after the day of election.
4. The secretary of state shall, immediately after any primary, compile the returns for all candidates voted for in more than one county. He shall make out and file in this office an abstract thereof, and shall certify to the county clerk of each county the name of each person nominated, and the name of the office for which he is nominated.
5. When the result of any election involving a voting machine is challenged because of a possible malfunctioning voting machine, the board of county commissioners shall unlock, examine and test the counting and voting mechanisms of such machine. In testing such machine, each lever involved in the contested race shall be operated at least 100 times. After completion of such examination a statement shall be prepared by the board of county commissioners conducting the examination. Such statement shall be in writing and shall be witnessed by at least two persons who were present. It shall then be filed with the board of county commissioners and the secretary of state.
Sec. 36. NRS 293.410 is hereby amended to read as follows:
293.410 1. A statement of contest shall not be dismissed by any court for want of form if the grounds of contest are alleged with sufficient certainty to inform the defendant of the charges he is required to meet.
2. An election may be contested upon any of the following grounds:
(a) That the election board or any member thereof was guilty of malfeasance.
(b) That a person who has been declared elected to an office was not at the time of election eligible to that office.
(c) That illegal votes were cast and counted for the defendant, which, if taken from him, will reduce the number of his legal votes below the number necessary to elect him.
(d) That the election board, in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.
(e) That the defendant has given, or offered to give, to any person a bribe for the purpose of procuring his election.
(f) That there was a possible malfunction of a voting machine.
Sec. 37. NRS 293.443 is hereby amended to read as follows:
293.443 1. The expense of providing all ballots, forms and other supplies to be used at any primary or general election and all expenses necessarily incurred in the preparation for, or the conduct of, any such election shall be a charge upon the municipality, county, district or state, as the case may be.
2. The cost of printing ballots shall not exceed the sum of [$80] $100 per thousand or fraction thereof for the first two thousand ballots printed and [$40] $50 for each additional thousand printed.
3. The county clerk may submit such printing for competitive bidding.
Sec. 38. NRS 293.460 is hereby amended to read as follows:
293.460 [1. In counties having a population of less than 100,000 as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce:
κ1971 Statutes of Nevada, Page 447 (CHAPTER 268, AB 564)κ
(a) Each voting board officer serving shall receive $10 from the county treasury for the first 8 hours, and $2 per hour thereafter, for all services required to be rendered during the election, including those services rendered prior to the opening of the polls and after the closing thereof.
(b) Each counting board officer shall receive the sum of $10 for the first 8 hours, and $2 per hour thereafter.
(c) Where an election board acts as both voting board and counting board, each member shall receive $10 for the time he acts as a voting board member, and $2 per hour for each hour he acts as a counting board member.
(d) Where voting machines are used, each election board officer shall receive the sum of $20 for his services.
(e) Specially appointed deputy sheriffs shall receive $10 as compensation for rendering the services required of the deputy sheriff on election day.
2. In counties having a population of 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the] The compensation of voting board officers, counting board officers, specially appointed deputy sheriffs and other election board officers shall be fixed by county ordinance.
Sec. 39. NRS 293.480 is hereby amended to read as follows:
293.480 Until the time for contest of election has expired, the ballots or voting machines returned to the county clerk may not be inspected by any person, except in cases of recount or election contest, and then only by the judge, special master, board or legislative body before whom such election is being contested or who is conducting the recount.
Sec. 40. NRS 293.503 is hereby amended to read as follows:
293.503 1. The county clerk of each county where a registrar of voters has not been appointed pursuant to NRS 244.164 shall:
(a) Be ex officio county registrar and registrar for all precincts within the county.
(b) Have the custody of all books, documents and papers pertaining to registration provided for in this chapter.
2. All books, documents and papers pertaining to registration are official records of the office of the county clerk.
Sec. 41. NRS 293.545 is hereby amended to read as follows:
293.545 1. Immediately after the county commissioners of a county canvass the general election vote, the county clerk shall compare his register for each precinct or district in the county with the list of registered voters who voted at such election in each precinct or district as shown by the pollbook or roster returned by the precinct or district election board to the county clerk, and he shall remove from the county clerks register and from the election board register the affidavits of registration of all electors who have failed to vote at such election.
2. [Except as provided in subsection 3, the] The county clerk shall remove from the county clerks register and election board register the affidavits of registration of voters who voted by absent ballot at the two last preceding general [election.] elections.
3. [If a county clerk determines that a voter who voted by absent ballot was, at the time of casting such ballot, a state or federal officer or a member of such persons immediate family, a person in the service of the United States, a member of a religious group or welfare group officially attached to and serving with the Armed Forces of the United States, a person engaged in transportation by rail, motor or airplane whose occupation necessitated his being absent on election day, an elector residing in an absent ballot mailing precinct, or who was unable to vote at the polling place because of illness or physical disability, such clerk shall not remove the affidavits of registration of such voters either from the county clerks register or from the election board register.]
κ1971 Statutes of Nevada, Page 448 (CHAPTER 268, AB 564)κ
ballot was, at the time of casting such ballot, a state or federal officer or a member of such persons immediate family, a person in the service of the United States, a member of a religious group or welfare group officially attached to and serving with the Armed Forces of the United States, a person engaged in transportation by rail, motor or airplane whose occupation necessitated his being absent on election day, an elector residing in an absent ballot mailing precinct, or who was unable to vote at the polling place because of illness or physical disability, such clerk shall not remove the affidavits of registration of such voters either from the county clerks register or from the election board register.] An absent voter whose ballot is voted and mailed on or before the date of the general election but which arrives too late to be cast and counted shall not be considered as having failed to vote under subsections 1 and 2.
Sec. 42. NRS 293.557 is hereby amended to read as follows:
293.557 1. At least 90 days prior to the closing of registration for any election, the county clerk shall prepare and date an alphabetical list of the persons whose names remain on the county clerks register of each precinct and district. He shall cause to be published once in each of the newspapers circulated in different parts of the county a list of all registered voters, segregated by precincts or districts, within the circulation area of each newspaper, or cause to be published once in a newspaper circulated in the county a segregated listing for the entire county:
(a) At least 75 days before any primary election.
(b) After each primary election and not less than 2 weeks before the close of registration for the ensuing general election.
2. The county may not pay more than 10 cents per name for six-point or seven-point type or 15 cents per name for eight-point type or larger to each newspaper publishing the list.
3. The list of registered voters shall not be printed in type smaller than six-point.
Sec. 43. NRS 293.560 is hereby amended to read as follows:
293.560 1. Registration shall close at 9 p.m. of the [seventh] fifth Saturday preceding any primary election and at 9 p.m. of the [sixth] fifth Saturday preceding any general election.
2. During the last 5 days before registration closes, registration offices shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays.
3. The county clerk of each county shall publish in a newspaper having a general circulation in the county a notice signed by him indicating the day that registration will be closed. If no such newspaper is published in the county, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county.
4. Such notice shall be published once each week for 4 consecutive weeks next preceding the close of registration for any election.
5. At least 15 days before the time when the county clerks register is closed for any election, the county clerk shall mail a copy of such notice to deputy registrars, to be posted in a conspicuous place in each voting precinct outside incorporated cities and in which there is no newspaper of general circulation.
κ1971 Statutes of Nevada, Page 449 (CHAPTER 268, AB 564)κ
Sec. 44. NRS 293.565 is hereby amended to read as follows:
293.565 [On or before the 4th Monday in August preceding a primary election and on or before the 4th Monday in October preceding a general] At least 15 days prior to any election, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing such voter of the location of his polling place.
________
Assembly Bill No. 792Committee on Legislative Functions
CHAPTER 269
AN ACT relating to elections; providing that state senators and assemblymen shall receive their certificates of election from the governor; clarifying provisions relating to contests of election; and providing other matters properly relating thereto.
[Approved April 14, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.020 is hereby amended to read as follows:
218.020 Assemblymen shall be chosen biennially, by the qualified electors of their respective districts, on the Tuesday next after the 1st Monday in November, and their term of office shall be 2 years from the day next after their election. Assemblymen shall receive certificates of election from [:
1. The board of county commissioners, if elected from a district comprising but one or part of one county.
2. The governor, if elected from a district comprising more than one county.] the governor.
Sec. 2. NRS 218.030 is hereby amended to read as follows:
218.030 1. Senators shall be chosen at the same time and places as assemblymen, by the qualified electors of their respective districts, and their term of office shall be 4 years from the day next after their election. Senators shall receive certificates of election from [:
(a) The board of county commissioners, if elected from a district comprising but one or part of one county.
(b) The governor, if elected from a district comprising more than one county.] the governor.
2. The terms of office of all incumbent state senators shall expire with the general election in 1966, and 20 senators shall be elected from the districts provided in subsection 4 of NRS 218.050 at such general election.
3. The senators so elected shall, on a day to be fixed by the secretary of state which shall be subsequent to the canvass of the vote by the supreme court and prior to the convening of the next general or special session of the legislature, meet in the office of the secretary of state for the purpose of drawing lots to divide their initial terms into lengths of 2 and 4 years. The secretary of state shall prepare the lots and conduct the drawing in compliance with the following subsections.
κ1971 Statutes of Nevada, Page 450 (CHAPTER 269, AB 792)κ
4. The eight senators from Clark County shall draw lots to select four whose term of office shall be 4 years from the day next after their election and four whose term of office shall be 2 years from such day.
5. The six senators from Washoe County shall draw lots to select three whose term of office shall be 4 years from the day next after their election and three whose term of office shall be 2 years from such day.
6. The six senators from the single-senator districts shall draw lots to select three whose term of office shall be 4 years from the day next after their election and three whose term of office shall be 2 years from such day.
7. The secretary of state shall then certify the results of the drawing to the officials whose duty it is under subsection 1 to issue the respective certificates of election, and these officials shall issue such certificates showing the length of term accordingly.
8. Per diem allowances and travel expenses, as provided by law for senators, for attendance at the meeting provided in subsection 3 shall be a proper charge against the legislative fund.
Sec. 3. NRS 293.397 is hereby amended to read as follows:
293.397 [No] Except as provided in NRS 293.425, no certificate may be withheld because of any defect or informality in the returns of any election, if it can be ascertained with reasonable certainty from such returns what office is intended and who is entitled to such certificate, nor may any commission be withheld by the governor or the county clerk because of any such defect or informality.
Sec. 4. NRS 293.425 is hereby amended to read as follows:
293.425 1. If the contest is for the office of assemblyman or state senator, a statement of contest, prepared as provided in NRS 293.407, and all depositions, ballots, records of voting machine counters and all other documents relating to the contest shall be filed with the secretary of state within the time provided for the filing of statements of contests with the clerk of the district court.
2. When a statement of contest is filed with the secretary of state he shall immediately notify the governor, who shall withhold issuing a certificate of election. If the governor has issued a certificate of election prior to receipt of notice from the secretary of state such certificate is void.
Sec. 5. NRS 293.427 is hereby amended to read as follows:
293.427 1. The secretary of state shall deliver the statement of contest and all other documents to the presiding officer of the house of the legislature to which the candidates were declared to be elected on or before the second day after the organization of the legislature.
2. The contest shall be heard and decided as prescribed by the standing or special rules of the house in which the contest is to be tried.
3. A certificate of election shall be executed by the governor and delivered to the person declared elected by the house. [If a certificate of election to the office has been issued to any person other than the one declared by the house to be elected, such certificate is void.]
________
κ1971 Statutes of Nevada, Page 451κ
Assembly Bill No. 778Committee on Ways and Means
CHAPTER 270
AN ACT relating to farm labor contractors; repealing the licensing provisions pertaining to such contractors; providing for the transfer of funds; and providing other matters properly relating thereto.
[Approved April 14, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 561.385 is hereby amended to read as follows:
561.385 1. The agriculture registration and enforcement fund is hereby created in the state treasury for the use of the department.
2. The following fees shall be deposited in the agriculture registration and enforcement fund:
(a) Fees collected under the provisions of NRS 586.010 to 586.450, inclusive.
(b) Fees collected under the provisions of NRS 588.010 to 588.350, inclusive.
(c) Fees collected under the provisions of NRS 590.340 to 590.450, inclusive.
(d) Laboratory fees collected for the testing of economic poisons, insecticides, fungicides, herbicides and rodenticides, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 586.010 to 586.450, inclusive, and NRS 555.260 to 555.460, inclusive.
(e) Laboratory fees collected for the analysis and testing of commercial fertilizers and agricultural minerals, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 588.010 to 588.350, inclusive.
(f) Laboratory fees collected for the analysis and testing of petroleum products, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.
(g) Laboratory fees collected for the analysis and testing of antifreeze, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 590.340 to 590.450, inclusive.
[(h) Fees collected under the provisions of NRS 619.010 to 619.160, inclusive.]
3. Expenditures from the agriculture registration and enforcement fund shall be made only for the purposes of carrying out the provisions of chapters 586, 588 [,] and 590 [and 619] of NRS, NRS 555.260 to 555.460, inclusive, and the provisions of this chapter.
Sec. 2. Chapter 619 of NRS is hereby repealed.
Sec. 3. The amount of $110 collected as farm labor contractor license fees under former chapter 619 of NRS shall be deposited in the agriculture registration and enforcement fund.
Sec. 4. This act shall become effective upon passage and approval.
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κ1971 Statutes of Nevada, Page 452κ
Assembly Bill No. 198Committee on Commerce
CHAPTER 271
AN ACT relating to the Nevada real estate advisory commission; increasing the period for setting hearings and reaching certain decisions; and providing other matters properly relating thereto.
[Approved April 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 645.440 is hereby amended to read as follows:
645.440 1. If the real estate division, after an application in proper form has been filed with it, accompanied by the proper fee and the applicants certification of trustworthiness, competency and integrity, shall deny an application to the applicant, the real estate division shall give notice of the fact to the applicant within 15 days after its ruling, order or decision.
2. Upon written request from the applicant, filed within 30 days after receipt of such notice by the applicant, the commission shall set the matter down for a hearing to be conducted within [30] 90 days after receipt of the applicants request.
3. The hearing shall be at such time and place as the commission shall prescribe. At least 15 days prior to the date set for the hearing, the real estate division shall notify the applicant and other persons interested or protesting, and shall accompany such notification with an exact copy of any protest filed, together with copies of any and all communications, reports, affidavits or depositions in possession of the real estate division touching upon or relating to the matter in question. Such written notice of hearing may be served by delivery personally to the applicant, or by mailing the same by registered or certified mail to the last-known business address of the applicant. If the application is for a real estate salesmans license, the real estate division shall also notify the prospective broker-employer by mailing such notice by registered or certified mail to the brokers last-known business address.
4. At the hearing the applicant shall be entitled to examine, either in person or by counsel, any and all persons protesting against him, as well as all other witnesses whose testimony is relied upon to substantiate any protest or denial of the application. He shall be entitled to present such evidence, written and oral, as he may see fit and as may be pertinent to the inquiry.
5. The hearing may be held by the commission or a majority thereof, and a hearing shall be held, if the applicant so desires, within the county where the applicants principal place of business is situated.
6. At the hearing, all witnesses shall be duly sworn by the commission, or any member thereof, and stenographic notes of the proceedings shall be taken and filed as part of the record in the case. Any party to the proceedings desiring it shall be furnished with a copy of such stenographic notes upon the payment to the real estate division of such fee as the commission shall prescribe by general rule or regulation, not exceeding 25 cents per folio.
κ1971 Statutes of Nevada, Page 453 (CHAPTER 271, AB 198)κ
7. The commission shall render a decision on any application within 60 days from the final hearing on such application, and shall immediately notify the parties to the proceedings, in writing, of its ruling, order or decision.
8. Where an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses, or has been convicted of a felony or a crime involving moral turpitude, and has been convicted thereof in a court of competent jurisdiction of this or any other state, district or territory of the United States, or of a foreign country, such untrustworthiness of the applicant, and the conviction, may in itself be sufficient ground for refusal of a license.
9. Where an applicant has made a false statement of material fact on his application such false statement may in itself be sufficient ground for refusal of a license.
Sec. 2. NRS 645.680 is hereby amended to read as follows:
645.680 1. The procedure set forth in this section and NRS 645.690 shall be adhered to before the revocation or suspension of any license.
2. Upon a complaint being initiated by the administrator, or upon a verified complaint being filed with the administrator and found by him, alone or together with evidence, documentary or otherwise, presented in connection therewith, to constitute a prima facie case, the matter shall be set down for a hearing by the commission, and the licensee shall have an opportunity to be heard thereon in person or by counsel.
3. The commission shall fix the time for the hearing within [60] 90 days after the filing of any complaint, but the time of hearing may be continued from time to time upon written consent of the licensee.
4. The licensee shall be given at least 20 days prior notice in writing by the real estate division of the date, time and place of the hearing, which notice shall contain an exact statement of the charges filed, together with a copy of the complaint and copies of any and all communications, reports, affidavits or depositions in possession of the real estate division touching or relating to the matter in question.
5. The notice may be served by delivery of the same personally to the licensee, or by mailing the same by registered or certified mail to the last-known business address of the licensee. If the licensee be a salesman, the real estate division shall also notify the broker employing him, by mailing notice by registered or certified mail to the brokers last-known business address.
6. Within 20 days from service of the notice upon him, the licensee shall file a verified answer to the charges with the commission. The answer shall contain an admission or denial of the averments contained in the charges and any defenses upon which the licensee will rely.
7. The answer may be served by the delivery of the same personally to the commission, or by mailing the answer by registered or certified mail to the principal office of the real estate division.
8. No proceeding for the suspension or revocation of any license shall be maintained unless the same is commenced by the giving of notice to the licensee within 3 years of the time of the act charged, whether of commission or omission; provided:
κ1971 Statutes of Nevada, Page 454 (CHAPTER 271, AB 198)κ
(a) That if the charges are based upon a misrepresentation, such period shall not commence to run until the discovery of facts which do or should lead to the discovery of such misrepresentation; and
(b) That whenever any suit, action or proceeding is instituted to which the real estate division or the licensee is a party and which involves the conduct of the licensee in the transaction with which the charges are related, the running of the 3-year period with respect to the institution of a proceeding under this chapter to suspend or revoke such license shall be suspended during the pendency of such suit, action or proceeding.
Sec. 3. NRS 645.740 is hereby amended to read as follows:
645.740 1. The commission shall render a decision on any complaint [within 60 days from the final hearing thereon,] before the adjournment of the next regular meeting of the commission or within 90 days from the final hearing thereon, whichever is later, and shall give immediate notice in writing of such ruling or decision to the applicant or licensee affected thereby, and where the investigation or hearing shall have been instituted by complaint filed, to the person or persons by whom the complaint was made, the notice to be given by registered or certified mail to the last-known address of the person to whom the same is sent.
2. If such ruling shall be to the prejudice of or shall injuriously affect the licensee, the commission shall also state in the notice the date upon which the ruling or decision shall become effective, which date shall not be less than 30 days from and after the date of the notice.
3. The decision of the commission shall not take effect until 30 days after its date, and if notice of appeal and demand for transcript are served upon the commission in accordance with the provisions of NRS 645.760, then such stay shall remain in full force and effect until decision upon appeal by the district court; but if the aggrieved party shall fail to perfect his appeal as provided in NRS 645.760, the stay shall automatically terminate.
4. No appeal from a decision of the district court affirming the revocation or suspension of a license shall stay the order of the commission unless the district or appellate court, in its discretion and upon petition of the licensee, orders such stay, at which time the court shall also set the amount of the supersedeas.
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κ1971 Statutes of Nevada, Page 455κ
Assembly Bill No. 173Miss Hawkins, Mesdames White and Frazzini
CHAPTER 272
AN ACT relating to the power of the commissioner for veteran affairs to act as guardian of estates and to the ages of majority, by providing that the commissioner may retain the guardianship of the estate of an unmarried female minor child of a deceased veteran until such child reaches the age of 21 years.
[Approved April 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 417.110 is hereby amended to read as follows:
417.110 1. Subject to the provisions of subsection 2, the commissioner may act as guardian of the estate of:
(a) Any minor child of any deceased veteran. [;] As used in this section, minor includes any unmarried female person under 21 years of age.
(b) Any insane or incompetent veteran. [; or]
(c) Any person who is certified by the Veterans Administration as having money due from the Veterans Administration, the payment of which is dependent upon the appointment of a guardian for such person.
2. The commissioner may act as guardian as provided in subsection 1 only if at the time of appointment the estate, exclusive of moneys paid or to be paid by the Federal Government, does not exceed $2,500 in personal property or $3,500 in real property, or $2,500 in personal property and $3,500 in real property.
3. No fee may be allowed or paid to the commissioner for acting as guardian.
4. To insure his faithful discharge of responsibilities as guardian of the estates of those veterans and dependents for whom he acts, the commissioner shall execute and deliver his official bond in the penal sum of $500,000 with a corporate surety licensed to do business in this state. A separate bond for each estate is not required.
Sec. 2. NRS 129.010 is hereby amended to read as follows:
129.010 [All] Except as provided in NRS 417.110, all male persons of the age of 21 years and all females of the age of 18 years, and who are under no legal disability, shall be capable of entering into any contract, and shall be, to all intents and purposes, held and considered to be of lawful age.
________
κ1971 Statutes of Nevada, Page 456κ
Assembly Bill No. 246Committee on Ways and Means
CHAPTER 273
AN ACT making an appropriation from the general fund in the state treasury to the higher education student loan fund account.
[Approved April 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 the sum of $40,000 to the higher education student loan fund account created pursuant to NRS 385.104.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 606Committee on Finance
CHAPTER 274
AN ACT relating to state buildings; requiring the repayment of acquisition costs of the purchasing warehouse building in Reno and the department of state printing building in Carson City; and providing other matters properly relating thereto.
[Approved April 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 333.121 is hereby amended to read as follows:
333.121 [1. The construction costs of $193,310 for the purchasing warehouse building in Reno, Nevada, shall be repaid over a 20-year period at 3 percent interest from the working capital and operating fund to the general fund in the state treasury.
2. The state controller shall for this purpose:
(a) Establish the necessary schedule of equal payments, including both installments of principal and annual interest, over the prescribed period; and
(b) On June 30 of each year transfer the amount of one payment from the working capital and operating fund to the general fund in the state treasury, until the prescribed amount and interest have been fully paid.] Commencing July 1, 1971, and continuing until the construction costs of $193,310 for the purchasing warehouse building in Reno, Nevada, have been paid, the purchasing division shall pay annually to the state treasurer for deposit in the general fund in the state treasury 2 percent of the buildings original acquisition cost.
Sec. 2. NRS 344.095 is hereby amended to read as follows:
344.095 [1. The construction costs of $590,017 for the plant of the department shall be repaid over a 20-year period at 3 percent interest from the state printing fund to the general fund in the state treasury.
2. The state controller shall for this purpose:
κ1971 Statutes of Nevada, Page 457 (CHAPTER 274, SB 606)κ
(a) Establish the necessary schedule of equal payments, including both installments of principal and annual interest, over the prescribed period; and
(b) On June 30 of each year transfer the amount of one payment from the state printing fund to the general fund in the state treasury, until the prescribed amount and interest has been fully paid.] Commencing July 1, 1971, and continuing until the construction costs of $590,017 for the plant of the department have been paid, the department shall pay annually to the state treasurer for deposit in the general fund in the state treasury 2 percent of the buildings original acquisition cost.
________
Senate Bill No. 178Committee on Federal, State and Local Governments
CHAPTER 275
AN ACT incorporating the City of Wells, in Elko County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto.
[Approved April 15, 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 Wells 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 Wells and the general welfare of its citizens the legislature hereby establishes this charter for the government of the City of Wells. 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 Wells.
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 Wells 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.
κ1971 Statutes of Nevada, Page 458 (CHAPTER 275, SB 178)κ
Nevada embraced within the limits set forth in section 1.030 shall constitute a political and corporate body by the name of City of Wells 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 Wells.
Sec. 1.030 Description of territory. The territory embraced in the city is that certain land described in the official plat required by NRS 234.250 to be filed with the county recorder and county assessor of Elko County, as such plat is revised from time to time.
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) Four councilmen.
2. Such officers shall be elected as provided by this charter.
Sec. 1.060 Elective offices: Vacancies.
1. A vacancy in the board of councilmen or in the office of mayor shall be filled by a majority vote of the members of the board of councilmen, or the remaining members in the case of a vacancy in the board of councilmen, within 30 days after the occurrence of such vacancy. The appointee shall have the same qualifications as are required of the elective official.
2. No such appointment shall extend beyond the 1st Monday in July after the next municipal election, at which election the office shall be filled for the remaining unexpired term.
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 Elko 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 board of councilmen until 1 year after the expiration of 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 board of councilmen of the city may appoint the following officers:
(a) City clerk.
(b) Municipal judge.
(c) Chief of police.
(d) City engineer.
(e) City attorney.
(f) City auditor.
2. The board of councilmen shall establish such other offices as it may deem necessary.
κ1971 Statutes of Nevada, Page 459 (CHAPTER 275, SB 178)κ
Sec. 1.090 Appointive officers: Duties; salary. All appointive officers of the city shall:
1. Perform such duties as may be designated by the board of councilmen.
2. Receive such salary as may be designated by the board of councilmen.
Sec. 1.100 Officials performance bond. The board of councilmen 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.
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 board of councilmen. 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 Board of councilmen: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a board of councilmen consisting of four councilmen and a mayor.
2. The mayor and councilmen shall be:
(a) Bona fide residents of the city for at least 2 years prior to their election.
(b) Registered voters within the city and taxpayers on real property located within the city for at least 2 years prior to their election.
(c) At least 25 years of age.
(d) Citizens of the United States.
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 board of councilmen.
Sec. 2.020 Board of councilmen: Contracts. Members of the board of councilmen may vote on any lease, contract or other agreement which extends beyond their terms of office.
Sec. 2.030 Board of councilmen: Duties concerning departments.
1. The board of councilmen shall control and supervise the departments of the city and may establish such rules and regulations as may be necessary for the administration of such departments.
2. The mayor shall designate from among the board of councilmen members to act as:
(a) Superintendent of public safety.
(b) Superintendent of streets and public works.
(c) Superintendent of water and utilities.
(d) Superintendent of health and sanitation.
3. The mayor shall be known as the superintendent of finance and revenue.
κ1971 Statutes of Nevada, Page 460 (CHAPTER 275, SB 178)κ
4. The duties of each department shall be designated by the board of councilmen.
Sec. 2.040 Board of councilmen: Discipline of members, other persons; subpena power.
1. The board of councilmen may:
(a) Provide for the punishment of any member for disorderly conduct committed in its presence.
(b) Order the attendance of witnesses and the production of all papers relating to any business before the board of councilmen.
2. If any person ordered to appear before the board of councilmen fails to obey such order:
(a) The board of councilmen or any member thereof may apply to the clerk of the district court for a subpena commanding the attendance of the person before the board of councilmen.
(b) Such clerk may issue the subpena, and any peace officer may serve it.
(c) If the person upon whom the subpena is served fails to obey it, the court may issue an order to show cause why such person should not be held in contempt of court and upon hearing of the matter may adjudge such person guilty of contempt and punish him accordingly.
Sec. 2.050 Meetings: Quorum.
1. The board of councilmen shall hold at least one regular meeting each month, and by ordinance may provide for additional regular meetings.
2. A majority of all members of the board of councilmen 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 board of councilmen shall be public.
Sec. 2.060 Meetings: Special.
1. Special meetings may be held on call of the mayor or by a majority of the board of councilmen, by giving a minimum of 6 hours notice of such special meeting to each member of the board of councilmen 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 7.030.
Sec. 2.070 Meetings: Time and place; rules. The board of councilmen 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. 2.080 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 board of councilmen or to be considered by the board of councilmen.
κ1971 Statutes of Nevada, Page 461 (CHAPTER 275, SB 178)κ
business pertaining to the city before the board of councilmen or to be considered by the board of councilmen.
Sec. 2.090 Powers of board of councilmen: Ordinances, resolutions and orders.
1. The board of councilmen 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 board of councilmen to do and perform anything, and the manner of exercising such power is not specifically provided for, the board of councilmen may provide by ordinance the manner and details necessary for the full exercise of such power.
3. The board of councilmen may enforce ordinances by providing penalties not to exceed those established by the legislature for misdemeanors.
4. The board of councilmen shall have such powers, not in conflict with the express or implied provisions of this charter, as are conferred generally by statute upon the governing bodies of cities organized under a special charter.
5. The board of councilmen shall not pass any ordinance increasing or diminishing the salary of any elective officer during the term for which he is elected or appointed.
Sec. 2.100 Ordinances: Passage by bill; amendments; subject matter; title requirements.
1. No ordinance may be passed except by bill and by a majority vote of the whole board of councilmen. The style of all ordinances shall be as follows: The Board of Councilmen of the City of Wells 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. 2.110 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed shall be read to the board of councilmen 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 board of councilmen shall adopt or reject the ordinance or an amendment thereto, within 30 days from the date of such publication.
2. At the next regular meeting or adjourned meeting of the board of councilmen following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the board of councilmen.
κ1971 Statutes of Nevada, Page 462 (CHAPTER 275, SB 178)κ
councilmen following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the board of councilmen. Thereafter, it shall be read as first introduced, or as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the board of councilmen, 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 board of councilmen 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. 2.120 Codification of ordinances; publication of code.
1. The board of councilmen may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of councilmen, have incorporated therein a copy of this charter and such additional data as the board of councilmen 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.
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 Wells.
4. The codification may be amended or extended by ordinance.
Sec. 2.130 Powers of board of councilmen: Public property, buildings.
1. The board of councilmen 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 board of councilmen 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.
κ1971 Statutes of Nevada, Page 463 (CHAPTER 275, SB 178)κ
Sec. 2.140 Powers of board of councilmen: Eminent domain. The board of councilmen may condemn property for the public use in the manner prescribed by chapter 37 of NRS, as amended from time to time.
Sec. 2.150 Powers of board of councilmen: Licensing, regulation and prohibition of businesses, trades and professions.
1. The board of councilmen 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. No person licensed by an agency of the State of Nevada to practice any trade or profession except gaming may be denied a license to conduct his profession.
3. The board of councilmen may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
Sec. 2.160 Powers of board of councilmen: Police ordinances.
1. The board of councilmen may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada.
2. Any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the city whenever such offense is committed within the city.
Sec. 2.170 Powers of board of councilmen: Fire protection; regulation of explosives, inflammable materials; fire codes and regulations. The board of councilmen 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. 2.180 Powers of board of councilmen: Public health; board of health; regulations. The board of councilmen may:
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. 2.190 Powers of board of councilmen: Buildings; construction and maintenance regulations; building and safety codes. The board of councilmen 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. 2.200 Powers of board of councilmen: Zoning and planning.
1. The board of councilmen 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.
κ1971 Statutes of Nevada, Page 464 (CHAPTER 275, SB 178)κ
construction, reconstruction, alteration, repair or use of buildings, structures or land within such districts.
(b) Establish and adopt ordinances and regulations relating to the subdivision of land.
2. The board of councilmen shall carry out the provisions of subsection 1 in the manner prescribed by chapter 278 of NRS, as amended from time to time.
Sec. 2.210 Powers of board of councilmen: Rights-of-way, parks, public buildings and grounds and other public places. The board of councilmen 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. 2.220 Powers of board of councilmen: Golf course. The board of councilmen may:
1. Acquire, establish and maintain any golf course, driving range, clubhouse, pro shop and other facility related thereto.
2. Cooperate with any nonprofit corporation or association formed under the laws of the State of Nevada for the purpose of engaging in such activities by:
(a) Donating, leasing or selling lands, buildings, improvements and personal property to such corporations or associations.
(b) Donating funds and acquiring membership in such corporations or associations.
Sec. 2.230 Powers of board of councilmen: Traffic control. The board of councilmen 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. 2.240 Powers of board of councilmen: Parking meters; off-street public parking facilities.
1. The board of councilmen 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 of councilmen.
2. Except as otherwise provided by this charter, the board of councilmen 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.
κ1971 Statutes of Nevada, Page 465 (CHAPTER 275, SB 178)κ
eminent domain for the purpose of establishing off-street public parking facilities for vehicles. The board of councilmen 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 the proposal for the issuance of the bonds is approved as therein provided, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper. The board of councilmen 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. 2.250 Powers of board of councilmen: Railroads. The board of councilmen 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.
3. Declare a nuisance and require the removal of the tracks of any railroad or streetcar in any public right-of-way.
4. Condemn rights-of-way for any public purpose across any railroad right-of-way.
5. Prescribe the length of time any public right-of-way may be obstructed by trains standing thereon.
6. Require railroad companies to fence their tracks and to construct cattle guards and crossings and to keep them in repair.
Sec. 2.260 Powers of board of councilmen: Nuisances. The board of councilmen 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. 2.270 Powers of board of councilmen: Animals and poultry. The board of councilmen may:
1. Fix, impose and collect an annual per capita tax on all animals and provide for the capture and disposal of all animals on which the tax is not paid.
2. Regulate or prohibit the running at large and disposal of all kinds of animals and poultry.
κ1971 Statutes of Nevada, Page 466 (CHAPTER 275, SB 178)κ
3. Establish a pound, appoint a poundkeeper and prescribe his duties.
4. Prohibit cruelty to animals.
Sec. 2.280 Powers of board of councilmen: Abatement of noxious insects, rats and disease-bearing organisms. The board of councilmen 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.
Sec. 2.290 Powers of board of councilmen: Sanitary sewer facilities. The board of councilmen may:
1. Provide for a sanitary sewer system or any part thereof, and obtain property therefor either within or without the city.
2. Sell any product or byproduct thereof and acquire the appropriate outlets within or without the city and extend the sewerlines thereto.
3. Establish sewer fees and provide for the enforcement and collection thereof.
Sec. 2.300 Powers of board of councilmen: Provision of utilities. The board of councilmen 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 Elko 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. 2.310 Powers of board of councilmen: Cemeteries; acquisition and maintenance. The board of councilmen may, by any lawful means, acquire and maintain property for public use as a cemetery.
Sec. 2.320 Powers of board of councilmen: Television franchises.
1. The board of councilmen 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 board of councilmen to assure compliance therewith.
κ1971 Statutes of Nevada, Page 467 (CHAPTER 275, SB 178)κ
ARTICLE III
Executive Department
Sec. 3.010 Mayor: Duties; vice president.
1. The mayor shall:
(a) Serve as a member and ex officio president of the board of councilmen 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 provision of a special charter.
2. The board of councilmen shall elect one of its members to be vice president. Such person shall:
(a) Hold such office and title, without additional compensation, during the term for which he was elected.
(b) Perform the duties of mayor during the absence or disability of the mayor.
(c) Act as mayor until the next municipal election if the office of mayor becomes vacant.
Sec. 3.020 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 board of councilmen and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the board of councilmen, 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 board of councilmen.
5. Enter upon the journal the result of the vote of the board of councilmen upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses or increasing or decreasing the rates of licenses.
6. Act as ex officio city treasurer.
7. Perform such other duties as may be required by the board of councilmen.
Sec. 3.030 City clerks bond; performance bonds. 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 board of councilmen may require from him such additional security as may be necessary from time to time.
Sec. 3.040 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.
κ1971 Statutes of Nevada, Page 468 (CHAPTER 275, SB 178)κ
2. The city attorney shall be the legal officer of the city and shall perform such duties as may be designated by ordinance.
Sec. 3.050 County assessor to be ex officio city assessor; duties.
1. The county assessor of Elko 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 board of councilmen 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. 3.060 Chief of police: Police officers. The chief of police may, subject to approval of the board of councilmen, appoint and supervise such police officers as may be deemed necessary.
Sec. 3.070 City officers: Duties restricted and altered. The board of councilmen may prescribe by ordinance the powers and duties of all city officers, where such powers and duties have not been established by this charter, and may add to, alter or restrict such powers and duties.
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 board of councilmen, his office shall be declared vacant by the board of councilmen 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 board of councilmen.
2. The board of councilmen may by proper legal action collect all moneys which are due and unpaid to the city or any office thereof, and the board of councilmen 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 misfeasance, nonfeasance or malfeasance in office, by a court of competent jurisdiction, the board of councilmen may declare the 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.
Sec. 4.020 Municipal court: Qualifications of municipal judge; salary. The municipal court shall be presided over by a municipal judge, who shall be:
1. Not less than 25 years of age.
2. A citizen of the United States.
κ1971 Statutes of Nevada, Page 469 (CHAPTER 275, SB 178)κ
3. A resident of the city for a continuous 1-year period immediately preceding his appointment.
4. A registered voter for a continuous 1-year period immediately preceding his appointment.
5. An owner of real property in the city for a 1-year period immediately preceding his appointment.
Sec. 4.030 Disposition of fines. All fines and forfeitures for the violation of ordinances shall be paid into the treasury of the city in the manner to be prescribed by ordinance.
Sec. 4.040 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.
ARTICLE V
Elections
Sec. 5.010 General municipal elections.
1. On the Tuesday after the 1st Monday in June 1975, 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, 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 Tuesday after the 1st Monday in June 1977, 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, three 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 board of councilmens control; voting precincts.
1. All elections held under this charter shall be governed by the provisions of the election laws of this state, so far as such laws can be made applicable and are not inconsistent herewith.
2. The conduct of all municipal elections shall be under the control of the board of councilmen. For the conduct of municipal elections, for the prevention of fraud in such elections, and for the recount of ballots in cases of doubt or fraud, the board of councilmen shall adopt by ordinance all regulations which it considers desirable and consistent with law and this charter.
3. There shall be but one voting precinct in the city. All elective officers shall be elected by the voters of the city at large.
Sec. 5.030 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 elections, except as otherwise provided in this article.
κ1971 Statutes of Nevada, Page 470 (CHAPTER 275, SB 178)κ
submitted to the people at any such elections, except as otherwise provided in this article.
2. Nothing in this charter shall be so construed as to deny or abridge the power of the board of councilmen to provide for supplemental registration.
Sec. 5.040 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. 5.050 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. 5.060 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. 5.070 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. 5.080 Voting machines. The board of councilmen 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. 5.090 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 board of councilmen.
2. The board of councilmen shall meet on the 1st Tuesday 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 board of councilmen.
κ1971 Statutes of Nevada, Page 471 (CHAPTER 275, SB 178)κ
no person shall have access thereto except on order of a court of competent jurisdiction or by order of the board of councilmen.
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.
4. If any election should result in a tie, the board of councilmen 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. 5.100 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 board of councilmen, 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 board of councilmen 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 40 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:
κ1971 Statutes of Nevada, Page 472 (CHAPTER 275, SB 178)κ
(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.
(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 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, except for securities issued under section 6.020.
2. The board of councilmen 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, and except for any securities issued under section 6.020, but including securities payable from pledged revenues, 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 authorized under subsection 2 shall be levied upon all taxable property within the city, as provided in NRS 350.590 to 350.602, inclusive, as amended from time to time.
4. Any ordinance pertaining to the sale or issuance of bonds or other securities, including without limitation securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the board of councilmen in any ordinance that it is of this kind shall be conclusive in the absence of fraud or gross abuse of discretion.
Sec. 7.040 Franchises.
1. Before granting any franchise the board of councilmen 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 board of councilmen after the expiration of the period of such publication, the board of councilmen 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. Otherwise such ordinance shall be void.
κ1971 Statutes of Nevada, Page 473 (CHAPTER 275, SB 178)κ
ARTICLE VIII
Revenue
Sec. 8.010 Municipal taxes.
1. The board of councilmen shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding 3 percent upon the assessed value of all real and personal property within the city, except as otherwise provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time. 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 board of councilmen shall enact all such ordinances as it may deem necessary and not inconsistent with this charter and the laws of the state for the prompt, convenient and economical collecting of the revenue.
Sec. 8.020 Revenue ordinances. The board of councilmen 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 474 (CHAPTER 275, SB 178)κ
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 159, Statutes of Nevada 1967, at page 284, entitled An Act incorporating the City of Wells, 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 March 22, 1967, and all other acts amendatory thereof, are hereby repealed.
Sec. 3. This act shall become effective on July 1, 1973.
________
Senate Bill No. 177Committee on Federal, State and Local Governments
CHAPTER 276
AN ACT incorporating the City of Elko, in Elko County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto.
[Approved April 15, 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 Elko 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;
Wards and Annexations; City Offices
Section 1.010 Preamble: Legislative intent.
1. In order to provide for the orderly government of the City of Elko and the general welfare of its citizens the legislature hereby establishes this charter for the government of the City of Elko. 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.
κ1971 Statutes of Nevada, Page 475 (CHAPTER 276, SB 177)κ
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 Elko.
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 Elko 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 Elko.
Sec. 1.030 Description of territory. The territory embraced in the city is that certain land described in the official plat required by NRS 234.250 to be filed with the county recorder and county assessor of Elko County, as such plat is revised from time to time.
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) Four supervisors.
2. Such officers shall be elected as provided by this charter.
Sec. 1.060 Elective offices: Vacancies.
1. A vacancy in the board of supervisors shall be filled by a majority vote of the remaining members within 30 days after the occurrence of such vacancy. The appointee shall have the same qualifications as are required of the elective official.
2. No such appointment shall extend beyond the 1st Monday in July after the next municipal election, at which election the office shall be filled.
Sec. 1.070 Appointive offices.
1. The board of supervisors of the city shall appoint the following officers:
(a) City clerk.
(b) City attorney.
(c) Chief of police.
(d) Municipal judge.
(e) Fire chief.
(f) City manager.
(g) City engineer, who may be the city manager.
(h) Superintendent of streets and waterworks.
κ1971 Statutes of Nevada, Page 476 (CHAPTER 276, SB 177)κ
2. The board of supervisors shall establish such other offices as it may deem necessary.
Sec. 1.080 Appointive officers: Duties; salary.
1. All appointive officers of the city shall perform such duties under the direction of the city manager as may be designated by the board of supervisors.
2. All appointive officers of the city shall receive such salary as may be designated by the board of supervisors.
Sec. 1.090 Officers performance bonds. The board of supervisors may require from all officers and employees of the city constituted or appointed under this charter, except supervisors, sufficient security for the faithful and honest performance of their respective duties.
Sec. 1.100 Mayor and members of board of supervisors not to hold other office.
1. The mayor and members of the board of supervisors shall not:
(a) Hold any other elective office with Elko 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 board of supervisors until 1 year after the expiration of 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 supervisor.
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 board of supervisors. 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 Board of supervisors: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a board of supervisors consisting of four supervisors and the mayor.
2. The supervisors shall be:
(a) Bona fide residents of the city for at least 2 years prior to their election.
(b) Registered voters within the city and taxpayers on real property located within the city for at least 2 years prior to their election.
(c) At least 25 years of age.
(d) Citizens of the United States.
3. All members of the board of supervisors shall be voted upon by the registered voters of the city at large and shall serve for terms of 4 years.
4. The board of supervisors shall receive a salary in an amount fixed by the board of supervisors.
Sec. 2.020 Board of supervisors: Contracts. Members of the board of supervisors may vote on any lease, contract or other agreement which extends beyond their terms of office.
κ1971 Statutes of Nevada, Page 477 (CHAPTER 276, SB 177)κ
of supervisors may vote on any lease, contract or other agreement which extends beyond their terms of office.
Sec. 2.030 Board of supervisors: Duties concerning departments.
1. The board of supervisors shall control and supervise the departments of the city and may establish such rules and regulations as may be necessary for the administration of such departments.
2. The mayor shall designate from among the board of supervisors, members to act as:
(a) Police supervisor.
(b) Supervisor of streets, waterworks and public property.
(c) Supervisor of fire, sewerage and light.
3. The mayor shall be known as the supervisor of finance and revenue.
4. The duties of each department shall be designated by the board of supervisors.
Sec. 2.040 Board of supervisors: Discipline of members, other persons; subpena power.
1. The board of supervisors may:
(a) Provide for the punishment of any member for disorderly conduct committed in its presence.
(b) Order the attendance of witnesses and the production of all papers relating to any business before the board of supervisors.
2. If any person ordered to appear before the board of supervisors fails to obey such order:
(a) The board of supervisors or any member thereof may apply to the clerk of the district court for a subpena commanding the attendance of the person before the board of supervisors.
(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 any order to show cause why such person should not be held in contempt of court and upon hearing of the matter may adjudge such person guilty of contempt and punish him accordingly.
Sec. 2.050 Meetings: Quorum.
1. The board of supervisors shall hold at least one regular meeting each month, and by ordinance may provide for additional regular meetings.
2. A majority of all members of the board of supervisors 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 board of supervisors shall be public.
Sec. 2.060 Meetings: Special.
1. Special meetings may be held on call of the mayor or by a majority of the board of supervisors, by giving a minimum of 6 hours written notice of such special meeting to each member of the board of supervisors prior to the meeting. A special meeting may be held without notice with the unanimous written consent of the board of supervisors.
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.
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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 or in the written consent to the holding of such meeting without notice.
(c) No ordinance may be passed except an emergency ordinance, or one specified in section 7.020.
Sec. 2.065 Meetings: Assent to actions. Any action taken by a majority of the board of supervisors at any regular or special meeting, even though such meeting is not properly noticed or called, and the record thereof, if assented to in writing by all of the members of the board of supervisors, shall be as valid and effective in all respects as if passed by the board of supervisors in a properly noticed and called regular or special meeting.
Sec. 2.070 Meetings: Time and place; rules. The board of supervisors 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. 2.080 Oaths and affirmations. The mayor, each supervisor and the city clerk may administer oaths and affirmations relating to any business pertaining to the city before the board of supervisors or to be considered by the board of supervisors.
Sec. 2.090 Powers of board of supervisors: Ordinances, resolutions and orders.
1. The board of supervisors 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 board of supervisors to do and perform anything, and the manner of exercising such power is not specifically provided for, the board of supervisors may provide by ordinance the manner and details necessary for the full exercise of such power.
3. The board of supervisors may enforce ordinances by providing penalties not to exceed those established by the legislature for misdemeanors.
4. The board of supervisors shall have such powers, not in conflict with the express or implied provisions of this charter, as are conferred generally by statute upon the governing bodies of cities organized under a special charter.
5. The city council shall not pass any ordinance increasing or diminishing the salary of any elective officer during the term for which he is elected or appointed.
Sec. 2.100 Ordinances: Passage by bill; amendments; subject matter; title requirements.
1. No ordinance may be passed except by bill and by a majority vote of the whole board of supervisors.
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of the whole board of supervisors. The style of all ordinances shall be as follows: The Board of Supervisors of the City of Elko 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. 2.110 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed shall be read to the board of supervisors by title and may be 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 board of supervisors shall adopt or reject the ordinance or an amendment thereto, within 30 days from the date of such publication.
2. At the next regular meeting or adjourned meeting of the board of supervisors following the proposal of an ordinance, such ordinance shall be considered again with the report of the committee, if any. 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 7.020, by unanimous consent of the board of supervisors, 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 supervisors 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 board of supervisors 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. 2.120 Codification of ordinances; publication of code.
1. The board of supervisors may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of supervisors, have incorporated therein a copy of this charter and such additional data as the board of supervisors 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.
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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 Elko.
4. The codification may be amended or extended by ordinance.
Sec. 2.130 Powers of board of supervisors: Public property, buildings.
1. The board of supervisors 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 board of supervisors 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. 2.140 Powers of board of supervisors: Eminent domain. The board of supervisors may condemn property for the public use in the manner prescribed by chapter 37 of NRS, as amended from time to time.
Sec. 2.150 Powers of board of supervisors: Licensing, regulation and prohibition of businesses, trades and professions.
1. The board of supervisors 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 board of supervisors may establish any equitable standard to be used in fixing license taxes collected pursuant to this section.
Sec. 2.160 Powers of board of supervisors: Recreational facilities; definition.
1. The legislature finds and declares that recreation facilities for the use and enjoyment of all the inhabitants of the city are public uses and municipal purposes, and that the acquisition, construction and operation thereof by the board of supervisors will promote the morals, amusement, entertainment, health, welfare and safety of the inhabitants of the city.
2. As used in sections 2.160 to 2.180, inclusive, recreation facility or recreation facilities means a place, structure, area or other facility used for community recreation, such as playgrounds, playing fields or courts, beaches, lakes, rivers, swimming pools, dams constructed across streams or rivers for the creation of swimming pools and recreational reservoirs, gymnasiums, auditoriums, camps, parks, golf courses, natural reservations, recreation grounds, fairgrounds, exposition buildings, convention halls, fieldhouses, amusement halls and recreation centers.