[Rev. 2/28/2019 11:33:32 AM]
κ1971 Statutes of Nevada, Page 481 (CHAPTER 276, SB 177)κ
Sec. 2.170 Powers of board of supervisors: Recreational facilities; financing. The board of supervisors may:
1. Deposit the proceeds of any of the license taxes collected pursuant to section 2.150 in a special fund in the city treasury for the purpose of:
(a) Operating and maintaining recreation facilities under the jurisdiction of the board of supervisors.
(b) Improving, extending and bettering such recreation facilities.
(c) Constructing, purchasing or otherwise acquiring such recreation facilities.
2. Accept contributions, grants or other financial assistance from the Federal Government or any agency or instrumentality thereof, corporate or otherwise, the State of Nevada or any of its political subdivisions or from any other source, for or in aid of any recreation facility within the board of supervisors area of operation, and comply with such conditions, trust indentures, leases or agreements as may be necessary, convenient or desirable.
Sec. 2.180 Powers of board of supervisors: Recreational facilities; flood control projects. Whenever any recreation facility is affected by or will be affected by any flood control project being constructed or to be constructed under the provisions of any federal law, if the board of supervisors finds that such flood control project will improve, better and protect such recreation facility, the board of supervisors shall have the power to give assurances to and perform any other acts required by and satisfactory to the Secretary of the Army that the local cooperation required for such flood control project by such federal law will be furnished by the city.
Sec. 2.190 Powers of board of supervisors: Police ordinances. The board of supervisors may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada.
Sec. 2.200 Powers of board of supervisors: Fire protection; regulations of explosives, inflammable materials; fire codes and regulations. The board of supervisors 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, and to provide for the prevention, suppression and extinguishment of fires and conditions hazardous to life and property from fire, explosion or combustion, and to provide for the enforcement of all such codes and regulations by imposing adequate penalties for violations thereof.
Sec. 2.210 Powers of board of supervisors: Public health; board of health; regulations. The board of supervisors 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.
κ1971 Statutes of Nevada, Page 482 (CHAPTER 276, SB 177)κ
3. Provide for the enforcement of all regulations and quarantines established by the board of health by imposing adequate penalties for violations thereof.
Sec. 2.220 Powers of board of supervisors: Buildings; construction and maintenance regulations; building and safety codes. The board of supervisors 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. 2.230 Powers of board of supervisors: Zoning and planning. The board of supervisors may:
1. 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.
2. Establish and adopt ordinances and regulations relating to the subdivision of land.
Sec. 2.240 Powers of board of supervisors: Subdivision; payment for installation of utilities. The board of supervisors may require the owners of land who lay out and plat the land into lots, streets and alleys to guarantee the payment for the installation of sewers, water mains and lines, drains, curbs and gutters, and the grading and paving of streets within the division or subdivision defined by the plat.
Sec. 2.250 Powers of board of supervisors: Rights-of-way, parks, public buildings and grounds and other public places. The board of supervisors 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. 2.260 Powers of board of supervisors: Traffic control. The board of supervisors 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. 2.270 Powers of board of supervisors: Parking meters; off-street public parking facilities.
1. The board of supervisors 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 supervisors.
κ1971 Statutes of Nevada, Page 483 (CHAPTER 276, SB 177)κ
charged for the use of the parking facilities regulated by parking meters shall be fixed by the board of supervisors.
2. Except as otherwise provided by this charter, the board of supervisors may acquire property within the city by any lawful means, including eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The board of supervisors 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 supervisors 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. 2.280 Powers of board of supervisors: Railroads. The board of supervisors 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.
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.
9. Compel railroad companies to provide that drainage from property adjacent to their tracks not be impaired.
Sec. 2.290 Powers of board of supervisors: Nuisances. The board of supervisors 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 484 (CHAPTER 276, SB 177)κ
4. Provide any other penalty or punishment of persons responsible for such nuisances.
Sec. 2.300 Powers of board of supervisors: Animals and poultry. The board of supervisors 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. 2.310 Powers of board of supervisors: Abatement of noxious insects, rats and disease-bearing organisms. The board of supervisors 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. 2.320 Powers of board of supervisors: Sanitary sewer facilities. The board of supervisors 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. 2.330 Powers of board of supervisors: Provision of utilities. The board of supervisors 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. 2.340 Powers of board of supervisors: Cemeteries; acquisition and maintenance. The board of supervisors may, by any lawful means:
1. Acquire and maintain property for public use as a cemetery.
2. Survey, plat, map, fence, ornament, and otherwise improve all public cemetery grounds.
κ1971 Statutes of Nevada, Page 485 (CHAPTER 276, SB 177)κ
3. Convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of such grounds.
4. Vacate public burial and cemetery grounds.
5. Prohibit subsequent burials therein.
6. Provide for the removal therefrom of all bodies which may have been interred therein.
Sec. 2.350 Powers of board of supervisors: Television franchises.
1. The board of supervisors 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 supervisors to assure compliance therewith.
Sec. 2.360 Powers of board of supervisors: Flood control. The board of supervisors may:
1. Construct, within or without the city limits, works designed to protect the city from floods.
2. Acquire by purchase or condemnation any property or water right necessary or appropriate for such purpose.
3. Enact all ordinances and regulations necessary to carry the power conferred in this section into effect.
ARTICLE III
Executive Department
Sec. 3.010 Mayor: Qualifications; duties; vice president.
1. The mayor 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 city and a taxpayer on real property located within the city for at least 2 years prior to his election.
(c) At least 25 years of age.
(d) A citizen of the United States.
2. The mayor shall:
(a) Serve as ex officio president of the board of supervisors and preside over its meetings.
(b) Serve as the chief executive officer of the city.
(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 health, welfare and safety of the city.
(e) Perform such other duties, except administrative duties assigned by the board of supervisors to the city manager, as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized under the provisions of a special charter.
κ1971 Statutes of Nevada, Page 486 (CHAPTER 276, SB 177)κ
3. The mayor may exercise the right of veto upon all matters passed by the board of supervisors and it shall require a three-fourths vote of the whole board of supervisors to pass any matter receiving the mayors veto.
4. The board of supervisors 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 manager: Duties.
1. The city manager shall perform such administrative duties as the board of supervisors may designate. His duties and salary shall be fixed by the board of supervisors.
2. The city manager may appoint such clerical and administrative assistants as he may deem necessary, subject to the approval of the board of supervisors.
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 supervisors and keep an accurate journal of its proceedings, including a record of all ordinances, by laws and resolutions passed or adopted by it. After approval at each meeting of the board of supervisors, 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 supervisors.
5. Enter upon the journal the result of the vote of the board of supervisors 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, registry agent and license collector.
7. Perform such other duties as may be required by the board of supervisors.
Sec. 3.040 City clerks 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 board of supervisors may require from him such additional security as may be necessary from time to time.
Sec. 3.050 City attorney: Qualifications; duties. The city attorney shall be:
1. A duly licensed member of the State Bar of Nevada but he need not be a resident of the city.
2. The legal officer of the city.
Sec. 3.060 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.
κ1971 Statutes of Nevada, Page 487 (CHAPTER 276, SB 177)κ
2. Upon request of the ex officio city assessor, the board of supervisors 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 Chief of Police: Police officers. The chief of police may, subject to approval of the board of supervisors, appoint and supervise such police officers as may be deemed necessary.
Sec. 3.080 City officers: Duties restricted and altered. The board of supervisors may prescribe by ordinance the powers and duties of all city officers 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 supervisors, his office shall be declared vacant by the board of supervisors, 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 supervisors.
2. The board of supervisors may by proper legal action collect all moneys whch are due and unpaid to the city or any office thereof, and the board of supervisors 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 nonfeasance, misfeasance or malfeasance in office, by any court of competent jurisdiction, the board of supervisors 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: Municipal judge.
1. The board of supervisors shall appoint a municipal judge to preside over the municipal court. Such person shall be:
(a) A citizen of the United States.
(b) A resident of the city for not less than 1 year immediately preceding his appointment.
(c) A registered voter in the city.
2. The salary of the municipal judge shall be fixed by the board of supervisors.
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.
κ1971 Statutes of Nevada, Page 488 (CHAPTER 276, SB 177)κ
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 Municipal elections.
1. One the 1st Tuesday after the 1st Monday in June 1975, and at each successive interval of 4 years, there shall be elected by the qualified voters of the city at a general election to be held for that purpose a mayor and two supervisors, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
2. On the 1st Tuesday after the 1st Monday in June 1973, and at each successive interval of 4 years thereafter, there shall be elected by the qualified voters of the city at a general election to be held for that purpose two supervisors, 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 supervisors control.
1. All elections held under this charter shall be governed by the provisions of the election laws of this state, so far as such laws can be made applicable and are not inconsistent herewith.
2. The conduct of all municipal elections shall be under the control of the board of supervisors. 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 supervisors 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 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 supervisors 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.
κ1971 Statutes of Nevada, Page 489 (CHAPTER 276, SB 177)κ
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 supervisors 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 supervisors.
2. The board of supervisors 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 supervisors.
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 supervisors 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.
κ1971 Statutes of Nevada, Page 490 (CHAPTER 276, SB 177)κ
ARTICLE VI
Local Improvements
Sec. 6.010 Local improvement law. The board of supervisors, 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 supervisors 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 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. 7.020 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 supervisors shall issue a proclamation setting forth the amount, terms, maximum rate of interest and duration of any proposed indebtedness, except for securities proposed to be issued under section 6.020, but including securities payable from pledged revenues, and the fund from which it is to be paid.
κ1971 Statutes of Nevada, Page 491 (CHAPTER 276, SB 177)κ
and the fund from which it is to be paid. Such proclamation shall be published in full at least once a week for 4 successive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which the board will pass an ordinance providing for such bond issue. At the first regular meeting of the board, or any adjournment thereof, after the completion of publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting the question to a vote of the electors of the city, unless a petition is presented to the board signed by not less than 5 percent of the qualified electors of the city as shown by the last preceding registration list and representing not less than 2 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating such 2 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed. Thereupon, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast. Any ordinance thus passed providing for the issuance of bonds shall be valid if passed by the board in the absence of the filing of a petition and election, or if such petition is filed and election had, then if passed by the board pursuant to a majority vote in favor of the ordinance. The petition for an election referred to in this section may be filed with the board at any time prior to the date of meeting set in the published notice.
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 limitations, 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 supervisors in any ordinance that it is of this kind shall be conclusive in the absence of fraud or gross abuse of discretion.
Sec. 7.030 Franchises.
1. Before granting any franchise the board of supervisors 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 supervisors after the expiration of the period of such publication, the board of supervisors 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 492 (CHAPTER 276, SB 177)κ
ARTICLE VIII
Revenue
Sec. 8.010 Municipal taxes.
1. The board of supervisors 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 board of supervisors 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 supervisors 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 493 (CHAPTER 276, SB 177)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 417, Statutes of Nevada 1965, at page 1093, entitled An Act incorporating the City of Elko, in Elko County, Nevada, and defining the boundaries thereof, under a new charter; providing that such charter shall become effective only if the original charter is repealed; and providing other matters properly relating thereto, approved April 13, 1965, and all acts amendatory thereof, are hereby repealed.
Sec. 3. This act shall become effective on July 1, 1973.
________
Senate Bill No. 141Senator Pozzi
CHAPTER 277
AN ACT bringing obscene sound recordings under penalties applied to obscenity.
[Approved April 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 201.250 is hereby amended to read as follows:
201.250 1. In this section, unless the context otherwise requires:
(a) Item includes any book, leaflet, pamphlet, magazine, booklet, picture, drawing, photograph, film, negative, slide, motion picture, figure, object, article, novelty device, recording, transcription, phonograph record or tape recording, with or without music, or other similar items.
(b) Material means anything tangible which is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.
(c) Obscene means any item, material or performance if:
(1) Considered as a whole, its predominant appeal is to prurient, shameful or morbid interest in nudity, sex, excretion, sadism or masochism; and
κ1971 Statutes of Nevada, Page 494 (CHAPTER 277, SB 141)κ
(2) It goes substantially beyond customary limits of candor in describing or representing such matters; and
(3) It is utterly without redeeming social value.
Predominant appeal shall be judged with reference to ordinary adults, unless it appears, from the character of the material or the circumstances of its dissemination, to be designed for children or other specially susceptible audiences.
(d) Performance means any play, motion picture, dance or other exhibition performed before an audience.
2. A person is guilty of a misdemeanor who knowingly:
(a) Prints, copies, manufactures, prepares, produces or reproduces any obscene item or material for purposes of sale or commercial distribution.
(b) Publishes, sells, rents, transports in intrastate commerce, or commercially distributes or exhibits any obscene item or material, or offers to do any such things.
(c) Has in his possession with intent to sell, rent, transport or commercially distribute any obscene item or material
3. No person, firm, association or corporation shall, as a condition to any sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication require that the purchaser or consignee receive for resale any other item, article, book or other publication which is obscene. No person, firm, association or corporation shall deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept such items, articles, books or publications, or by reason of the return thereof. A person, firm, association or corporation who violates any provision of this subsection is guilty of a misdemeanor.
4. (a) The district court has jurisdiction to enjoin the sale or distribution of obscene prints and articles, as described in paragraph (b).
(b) The district attorney of any county or the city attorney of any city in which a person, firm, association or corporation publishes, sells or distributes or is about to sell or distribute or has in his possession with intent to sell or distribute or is about to acquire possession with intent to sell or distribute any book, magazine, pamphlet, comic book, story paper, writing, paper, picture, drawing, photograph, figure, image or any written or printed matter of an obscene character, or which contains an article or instrument of obscene use or purports to be for an obscene use or purpose, or in any other respect defined in subsection 1, may maintain an action on behalf of such county or city for an injunction against such person, firm, association or corporation in the district court to prevent the sale or further sale or the distribution or further distribution of the acquisition, publication or possession within the state of any book, magazine, pamphlet, comic book, story paper, writing, paper, picture, drawing, photographed figure or image or any written or printed matter of an obscene character, described in this subsection or in subsection 1.
(c) The person, firm, association or corporation sought to be enjoined shall be entitled to a trial of the issues within 10 days after joinder of issue and a decision shall be rendered by the court within 10 days of the conclusion of the trial.
κ1971 Statutes of Nevada, Page 495 (CHAPTER 277, SB 141)κ
(d) If a final order or judgment of injunction is entered against the person, firm, association or corporation sought to be enjoined, such final order of judgment shall contain a provision directing the person, firm, association or corporation to surrender to the sheriff of the county in which the action was brought any of the matter described in paragraph (b), and such sheriff shall be directed to seize and destroy such obscene prints and articles.
(e) In any action brought as provided in this subsection, such district attorney or city attorney bringing the action shall not be required to file any undertaking before the issuance of an injunction order provided for in paragraph (c).
(f) The sheriff directed to seize and destroy such obscene prints and articles shall not be liable for damages sustained by reason of the injunction order in cases where judgment is rendered in favor of the person, firm, association or corporation sought to be enjoined.
(g) Every person, firm, association or corporation who sells, distributes, or acquires possession with intent to sell or distribute any of the matter described in paragraph (b), after the service upon him of a summons and complaint in an action brought pursuant to this subsection is chargeable with knowledge of the contents of such matter.
Sec. 2. NRS 201.265 is hereby amended to read as follows:
201.265 A person is guilty of a misdemeanor who knowingly:
1. Exhibits for sale, sells or loans for monetary consideration to a minor, or exhibits for sale to an adult in such a manner or location as to allow a minor to view or have access for examination any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors.
2. Exhibits for sale, sells or loans for monetary consideration to a minor, or exhibits for sale to an adult in such a manner or location as to allow a minor to view, read, hear or examine any book, pamphlet, magazine, printed matter, however reproduced, or sound recording, with or without music, which contains any matter enumerated in subsection 1, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse, which taken as a whole is harmful to minors.
3. Exhibits for monetary consideration to a minor, sells to a minor an admission ticket or pass or admits a minor, for monetary consideration, to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors, unless such minor is accompanied by his parent, guardian or spouse.
4. Misrepresents that he is the parent, guardian or spouse of a minor for the purpose of obtaining admission of such minor to any motion picture, show or any other presentation which is harmful to minors.
5. Misrepresents his age as 18 or over for the purpose of obtaining admission to any motion picture, show or other presentation which is harmful to minors.
________
κ1971 Statutes of Nevada, Page 496κ
Assembly Bill No. 109Mr. Swackhamer
CHAPTER 278
AN ACT permitting the release without bail of certain persons charged with a misdemeanor; 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 178.484 is hereby amended to read as follows:
178.484 1. A person arrested for an offense not punishable by death shall be admitted to bail.
2. A person arrested for an offense punishable by death may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.
3. Where a person with no prior conviction for any offense is charged with a misdemeanor he may be released without bail at the discretion of the sheriff or chief of police or his designated deputy by filing an agreement to appear at the time and place specified in such agreement.
________
Assembly Bill No. 652Mr. Swackhamer
CHAPTER 279
AN ACT including the district attorney of Lander County among those required to serve as ex officio public administrators in their respective counties.
[Approved April 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 253.010 is hereby amended to read as follows:
253.010 1. Except as provided in subsection 3, public administrators shall be elected by the qualified electors of their respective counties.
2. Public administrators shall be chosen by the electors of their respective counties at the general election in 1922 and at the general election every 4 years thereafter, and shall enter upon the duties of their office on the 1st Monday of January subsequent to their election.
3. The district attorneys of Lander, Lincoln and White Pine counties are ex officio public administrators of Lander County, Lincoln County and White Pine County, respectively. The recorder of Carson City shall serve as public administrator of Carson City.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 497κ
Assembly Bill No. 433Committee on Government Affairs
CHAPTER 280
AN ACT relating to the county and city license tax; revising the procedure for enforcing the lien for such tax; 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 244.335 is hereby amended to read as follows:
244.335 1. Except as provided in subsection 2, the board of county commissioners shall have power and jurisdiction in their respective counties to:
(a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in their respective counties, outside of the limits of incorporated cities and towns.
(b) Fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards shall have the exclusive power and jurisdiction in their respective counties to regulate the business of conducting a billiard or pool hall, dancing hall, bowling alley, theater, soft drink establishment, gambling game or device permitted by law, or other place of amusement, entertainment or recreation, outside of an incorporated city or incorporated town. The county license boards shall have the power and jurisdiction to fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such businesses.
3. Any license tax levied for the purposes of NRS 244.640 to 244.780, inclusive, shall constitute a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien shall be enforced in the [same manner as liens for ad valorem taxes on real and personal property.] following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which such tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year.
(2) The name of the record owner of the property.
(3) A description of the property sufficient for identification.
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
4. The board of county commissioners may delegate the power and authority to enforce such liens to the county fair and recreation board.
Sec. 2. NRS 268.095 is hereby amended to read as follows:
268.095 1. The city council or other governing body of each incorporated city or town in the State of Nevada, whether or not organized under general law or special charter, shall have the power and jurisdiction:
κ1971 Statutes of Nevada, Page 498 (CHAPTER 280, AB 433)κ
(a) To fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.
(b) To assign the proceeds of any one or more such license taxes to the county within which such city or town is situated for the purpose or purposes of making such proceeds available to the county:
(1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244.640 to 244.780, inclusive;
(2) For redeeming any general obligation bonds issued pursuant to NRS 244.640 to 244.780, inclusive;
(3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;
(4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;
(5) For improving, extending and bettering recreational facilities authorized by NRS 244.640 to 244.780, inclusive; and
(6) For constructing, purchasing or otherwise acquiring such recreational facilities.
2. Any license tax levied under the provisions of this section shall constitute a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien shall be enforced in the [same manner as liens for ad valorem taxes on real and personal property.] following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which such tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year.
(2) The name of the record owner of the property.
(3) A description of the property sufficient for identification.
(b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
3. The city council or other governing body of each incorporated city or town may delegate the power and authority to enforce such liens to the county fair and recreation board.
[3.] 4. The powers conferred by this section shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this section shall not affect the powers conferred by, any other law. No part of this section shall repeal or affect any other law or any part thereof, it being intended that this section shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 499κ
Assembly Bill No. 215Messrs. Hilbrecht and Branch
CHAPTER 281
AN ACT relating to the Nevada state library; establishing a publication distribution center for state publications; 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. Chapter 378 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. It is the intent of the legislature in enacting this act that:
1. All state and local government publications be distributed to designated depository libraries for use by all inhabitants of the state; and
2. Designated depository libraries assume the responsibility for keeping such publications readily accessible for use and rendering assistance, without charge, to patrons using them.
Sec. 3. As used in sections 2 to 8, inclusive, of this act:
1. Print means all forms of printing and duplicating other than by use of carbon paper.
2. State agency includes the legislature, constitutional officers or any department, division, bureau, board, commission or agency of the State of Nevada.
3. State publication includes any document issued in print by any state agency and which may legally be released for public distribution, but does not include:
(a) Nevada Revised Statutes;
(b) Nevada Reports;
(c) Bound volumes of the Statutes of Nevada;
(d) The Nevada Digest or Annotations to Nevada Revised Statutes prepared by the legislative counsel;
(e) Press items of the University of Nevada System which are not in the nature of public and other university items not designed for external distribution; or
(f) Correspondence and intraoffice or interoffice communications which are not of vital interest to the public.
(g) Publications from established agencies which are required by federal and state law to be distributed to depositories which duplicate those under section 7 of this act.
Sec. 4. 1. There is hereby created within the Nevada state library a state publications distribution center.
2. The state librarian may make such rules and regulations as may be necessary to carry out the purposes of the state publications distribution center.
Sec. 5. 1. Every state agency shall, upon release, deposit a specified number of copies of each of its state publications with the state publications distribution center to meet the needs of the depository library system and to provide interlibrary loan service to those libraries without depository status. This distribution shall be required only if sufficient funds are appropriated for the printing of these materials.
κ1971 Statutes of Nevada, Page 500 (CHAPTER 281, AB 215)κ
2. For each item printed by the department of state printing, 50 additional copies shall be authorized to be printed by the department of state printing, these to be collected by the state publications distribution center and distributed to public and university libraries within the state.
3. All city, county and regional agencies shall, upon release, deposit at least one copy of each of its publications with the state publications distribution center and a list of its publications for a calendar year.
Sec. 6. 1. The state publications distribution center may enter into depository agreements with any city, county, district, regional, town or university library in this state.
2. The state librarian shall establish standards for eligibility as a depository library under subsection 1. Such standards may include and take into account:
(a) The type of library;
(b) Its ability to preserve such publications and to make them available for public use; and
(c) Its geographical location in order to assure that the publications are conveniently accessible to residents in all areas of the state.
Sec. 7. 1. After receipt of any state publications, the state publication distribution center shall distribute copies of such publications as follows:
(a) One copy to the division of archives of the office of the secretary of state;
(b) One copy to the legislative counsel bureau;
(c) Two copies to the Library of Congress; and
(d) Two copies to each depository library in this state.
2. The center shall retain sufficient copies in the Nevada state library for preservation and use by the public. The remaining copies shall be used for distribution in accordance with any agreements entered into with other states for the exchange of state publications, and for loaning services to those libraries without depository status.
Sec. 8. The state publication distribution center shall periodically publish, and, upon request, distribute to all state agencies and contracting depository libraries a list of state publications.
________
Senate Bill No. 602Committee on Federal, State and Local Governments
CHAPTER 282
AN ACT to amend an act entitled An Act incorporating the City of Caliente, in Lincoln County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved March 9, 1971.
[Approved April 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1.030 of the above-entitled act, being chapter 31, Statutes of Nevada 1971, is hereby amended to read as follows:
Section 1.030 Description of territory. The territory embraced in the city is that land [situate in the State of Nevada, described as follows:
κ1971 Statutes of Nevada, Page 501 (CHAPTER 282, SB 602)κ
the city is that land [situate in the State of Nevada, described as follows:
S1/2 of the SW1/4 of Section 5;
NW1/4 and the NE1/4 of Section 8;
N1/2 of the SW1/4, SE1/4 of the SW1/4, NW1/4 of the SE1/4 of Section 8;
S1/2 of the NE1/4 of Section 7;
SE1/4 of Section 7;
SE1/4 of the NW1/4, NE1/4 of the SW1/4, SE1/4 of the SW1/4 of Section 7,
All in T. 4 S., R. 67 E., M.D.B. & M.] described in the official plat required by NRS 234.250 to be filed with the county recorder and county assessor of Lincoln County, as such plat is revised from time to time.
Sec. 2. Section 2.220 of the above-entitled act, being chapter 31, Statutes of Nevada 1971, is hereby amended to read as follows:
Section 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 [a majority of the ballots cast of each color therein, is in favor of the issuance of such bonds,] 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. 3. Section 7.040 of the above-entitled act, being chapter 31, Statutes of Nevada 1971, is hereby amended to read as follows:
Section 7.040 Borrowing money.
1. Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued [.] 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 for any securities issued under section 6.020, but including any 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.
κ1971 Statutes of Nevada, Page 502 (CHAPTER 282, SB 602)κ
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.
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. 4. Section 8.010 of the above-entitled act, being chapter 31, Statutes of Nevada 1971, is hereby amended to read as follows:
Section 8.010 Municipal taxes.
1. The city council shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding 2 percent upon the assessed value of all real and personal property within the city [.] , 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 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. 5. This act shall become effective at 12:01 a.m. on July 1, 1971.
________
κ1971 Statutes of Nevada, Page 503κ
Assembly Bill No. 755Committee on Ways and Means
CHAPTER 283
AN ACT authorizing the public employees retirement board to invest and reinvest moneys in its funds in time certificates of deposit issued by banks in Nevada.
[Approved April 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board may invest and reinvest the moneys in its funds in time certificates of deposit issued by banks in Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 618Senator Hug
CHAPTER 284
AN ACT increasing the amount of the surety bond required of solicitors for private correspondence schools; 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 394.210 is hereby amended to read as follows:
394.210 1. No person representing a privately owned correspondence school located in the State of Nevada or operating from a place of business in this state shall, except within the established and legal premises of such school, solicit or sell in Nevada any correspondence course for a consideration or remuneration unless he first secures a permit from the board.
2. The application for a permit shall be made on forms to be furnished by the board and shall be accompanied by a fee of $5 and a surety bond in the penal sum of [$1,000.] $5,000. Such bond may be continuous and shall be conditioned to provide indemnification to any student or students suffering loss as a result of any fraud or misrepresentation used in procuring their enrollments, and may be supplied by the representative of the school or by the school itself as a blanket bond covering each of its representatives in the penal sum of [$1,000.] $5,000. The maximum liability to be incurred under an individual or blanket surety bond shall not exceed [$1,000] $5,000 in the case of any one solicitor.
3. A permit shall be valid for the calendar year in which it is issued. An application for renewal shall be accompanied by a fee of $5 and a surety bond as provided in this section.
4. The surety on any bond mentioned in this section may relieve itself of liability thereafter and withdraw from the bond upon giving 30 days notice in writing to the board.
κ1971 Statutes of Nevada, Page 504 (CHAPTER 284, SB 618)κ
itself of liability thereafter and withdraw from the bond upon giving 30 days notice in writing to the board.
5. All fees received with applications for the issuance or renewal of such permits shall be deposited in the general fund in the state treasury and shall not be refundable under any circumstances.
________
Senate Bill No. 558Senator Young (by request)
CHAPTER 285
AN ACT relating to estates of deceased persons; providing for the payment of certain attorneys fees as administrative costs; 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 150.180 is hereby amended to read as follows:
150.180 1. If there be a minor interested in the estate who has no legally appointed guardian, the court may appoint some disinterested attorney to represent him who, on behalf of the minor, may contest the account as any other person having an interest might contest it.
2. The court may also appoint an attorney to represent absent heirs and devisees and legatees.
3. All matters, including allowed claims not passed upon on the settlement of any former account, or on making a decree of sale, may be contested by interested parties for cause shown.
4. Any attorney so appointed shall be paid a reasonable compensation out of the estate, which payment shall be an expense of administration of the estate. The amount of such fee shall be determined by the court.
________
Senate Bill No. 217Senators Swobe and Brown
CHAPTER 286
AN ACT relating to nonprofit professional dental service corporations; exempting Nevada nonprofit professional dental service corporations from the Nonprofit Hospital and Medical Service Corporation Law; providing that licensed dentists who render services as members of Nevada nonprofit professional dental service corporations are not guilty of unprofessional conduct; 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 696.020 is hereby amended to read as follows:
696.020 1. This chapter shall not apply to or govern: [any]
(a) Any corporation which is organized for profit, which contemplates any pecuniary gain to its shareholders or members, or which conducts or is authorized by its articles of incorporation to conduct any business whatsoever on a profit basis.
κ1971 Statutes of Nevada, Page 505 (CHAPTER 286, SB 217)κ
any pecuniary gain to its shareholders or members, or which conducts or is authorized by its articles of incorporation to conduct any business whatsoever on a profit basis.
(b) Any nonprofit professional dental service corporation formed under the laws of the State of Nevada.
2. This chapter shall not authorize or be construed to authorize, directly or indirectly, any corporation to operate a hospital or medical service plan on a profit basis.
3. No corporation subject to the provisions of this chapter shall own or operate any hospital or engage in any business other than that of establishing, maintaining and operating a nonprofit hospital or medical service plan.
Sec. 2. NRS 631.050 is hereby amended to read as follows:
631.050 1. As used in this chapter, dishonorable or unprofessional conduct is declared to include:
(a) Conviction of a felony or misdemeanor involving moral turpitude, or conviction of any criminal violation of this chapter; or
(b) Employing, directly or indirectly, any student or any suspended or unlicensed dentist to perform operation of any kind in treating or correction of the teeth or jaws, except as provided in this chapter; or
(c) The publication or circulation, directly or indirectly, of any fraudulent, false or misleading statement as to the skill or method of practice of any dentists; or
(d) The use of advertising in which reference is made to any anesthetic, drug, formula, material, medicine, method or system used or to be used; or the advertising of the performance of any dental operation without causing pain; or the advertising of any free dental service or examination as an inducement to secure dental patronage; or the advertising of price, cost, charge, fee or terms of credit for the services performed or to be performed, or for material used or to be used, by any person engaged as principal or agent in the practice of dentistry; or the advertising of a guarantee for any dental services; or the advertising of artificial teeth or dentures with or without the use of any representation of a tooth, teeth, bridgework or denture, or of any portion of the human head, or the exhibition or use of specimens of dental work, large display signs, glaring light signs, electric or neon, or any signs, posters or other media calling attention of the public to any person engaged in the practice of dentistry. Any person taking up or retiring from the practice of dentistry, changing his place of business or business telephone, or who intends to absent himself from, or return to, his place of business may advertise such fact in a newspaper for not more than 3 successive publications, which advertisement shall not exceed 2 column inches; or
(e) The claiming or inferring of professional superiority over neighboring practitioners; or
(f) The giving of a public demonstration of skill or methods of practicing upon or along the streets or highways or any place other than the office where the licensee is known to be regularly engaged in his practice; or
(g) Fraud or misrepresentation in connection with the securing of a license; or
κ1971 Statutes of Nevada, Page 506 (CHAPTER 286, SB 217)κ
(h) Willful or repeated violations of the rules of the board of health; or
(i) Division of fees or agreeing to split or divide the fees received for services with any person for bringing or referring a patient, without the knowledge of the patient or his legal representative, but this shall not be construed to forbid licensed dentists from practicing in a partnership and sharing professional fees, to forbid a licensed dentist from employing another licensed dentist or dental hygienist, or to forbid a licensed dentist from rendering services as a member of a nonprofit professional service corporation; [which has been formed pursuant to chapters 81 and 696 of NRS;] or
(j) Employing, procuring, inducing, aiding or abetting a person not licensed or registered as a dentist to engage in the practice of dentistry; but the patient practiced upon shall not be deemed an accomplice, employer, procurer, inducer, aider or abettor within the meaning of this chapter; or
(k) Professional connection or association with, or lending his name to, anyone who is engaged in the illegal practice of dentistry; professional connection or association with any person, firm or corporation holding himself, themselves, or itself out in any manner contrary to this chapter; or
(l) Use of the name clinic, institute, or other title or designation that may suggest a public or semipublic activity; or
(m) Failure to pay license fees; or
(n) Chronic or persistent inebriety, or addiction to drugs, to such an extent as to render him unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession; or
(o) Willful negligence in the practice of dentistry or dental hygiene; or
(p) Practice by a dental hygienist in any place not authorized by this chapter; or
(q) Practicing while his license is suspended or without a renewal certificate; or
(r) Practicing under a false or assumed name.
2. The enumeration of the acts in subsection 1 shall not be construed as a complete definition of dishonorable or unprofessional conduct, or as authorizing or permitting the performance of other and similar acts, or as limiting or restricting the board from holding that other or similar acts constitute unprofessional or dishonorable conduct.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 507κ
Assembly Bill No. 58Washoe-Storey Districts Delegation
CHAPTER 287
AN ACT relating to appeals to the state board of equalization; authorizing county assessors to appeal.
[Approved April 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.360 is hereby amended to read as follows:
361.360 1. Any taxpayer being aggrieved at the action of the county board of equalization in equalizing, or failing to equalize, the value of his property, or property of others, or a county assessor, may appeal to the state board of equalization at its February session, and present to the state board of equalization the matters complained of.
2. All such appeals shall be presented upon the same facts and evidence as were submitted to the county board of equalization in the first instance, unless there shall be discovered new evidence pertaining to the matter which could not, by due diligence, have been discovered prior to the final adjournment of the county board of equalization.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 138Mr. Dini
CHAPTER 288
AN ACT relating to public administrators; providing additional duties for public administrators in certain counties; 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. Chapter 248 of NRS is hereby amended by adding thereto a new section which shall read as follows:
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, the sheriff shall report immediately to the public administrator all deaths which he gains knowledge of in the performance of his duties.
Sec. 2. Chapter 253 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In addition to other duties provided in this chapter, 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, the public administrator shall:
1. Obtain all information concerning deceased persons and their estates which is required to be given to him by:
κ1971 Statutes of Nevada, Page 508 (CHAPTER 288, AB 138)κ
(a) The county health officer;
(b) The sheriff or any constable; or
(c) Any other public officers.
2. Contact the next of kin of any deceased person listed in the report filed by the county health officer concerning the administration of such persons estate.
Sec. 3. Chapter 258 of NRS is hereby amended by adding thereto a new section which shall read as follows:
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, every constable shall report immediately to the public administrator all deaths which he gains knowledge of in the performance of his duties.
Sec. 4. NRS 440.250 is hereby amended to read as follows:
440.250 1. Not later than the 5th day of each month, deputy county health officers shall file with the county health officer all original birth and death certificates executed by them.
2. Within 5 days after receipt of the original death certificates, the county health officer shall file with the public administrator a written list of the names of all deceased persons and their next of kin appearing on the certificates.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 345Messrs. Poggione, Smith, Kean, Ashworth, Glaser, Roy Young, Mesdames White, Frazzini, Messrs. Hilbrecht, McKissick, Prince, Swallow, Branch, Homer and Lauri
CHAPTER 289
AN ACT relating to land development; requiring state agencies and political subdivisions performing such work to comply with all applicable laws, regulations and ordinances; 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. Chapter 445 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In performing any work which alters the material condition of land or vegetation, the state, its agencies and all political subdivisions in this state shall comply with all the state laws or regulations and local ordinances which are applicable to private persons performing the same type of work.
________
κ1971 Statutes of Nevada, Page 509κ
Senate Bill No. 49Senator Pozzi
CHAPTER 290
AN ACT permitting the increase of employer contributions to public employee group life, accident or health insurance; 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 287.044 is hereby amended to read as follows:
287.044 1. A part of the cost of the monthly premiums of such group insurance, not to exceed [$8.54] $17.18 for the fiscal year 1971-1972 or $18.78 for the fiscal year 1972-1973, applied to both group life and group accident or health coverage, for each state or other participating officer or employee electing to participate in the group insurance program, may be paid by the department, agency, commission or public agency which employs the officer or employee in whose behalf such part is paid from funds appropriated to or authorized for such department, agency, commission or public agency for such purpose.
2. No department, agency, commission or public agency shall pay any part of such premiums if the group life insurance or group accident or health insurance is not approved by the committee on group insurance.
Sec. 2. NRS 287.049 is hereby amended to read as follows:
287.049 [The states share of insurance] The cost of insurance premiums as provided in NRS 287.044 shall be budgeted for as other expenditures of the state are budgeted for.
________
Senate Bill No. 24Senator Pozzi
CHAPTER 291
AN ACT providing for the payment of certain moving expenses of state employees; 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. Chapter 281 is hereby amended by adding thereto a new section which shall read as follows:
1. If a state agency, board or commission transfers, for the convenience of the state, any employee with permanent status from one location to another for permanent assignment, the agency, board or commission may pay the travel expenses, subsistence allowances and expenses of moving household furnishings and appliances of the employee and his family.
2. If an employee of a state agency, board or commission changes, for the convenience of the state, his employment to another state agency, board or commission, the agency, board or commission which accepts the employee may pay the travel expenses, subsistence allowances and expenses of moving household furnishings and appliances of the employee and his family.
κ1971 Statutes of Nevada, Page 510 (CHAPTER 291, SB 24)κ
board or commission, the agency, board or commission which accepts the employee may pay the travel expenses, subsistence allowances and expenses of moving household furnishings and appliances of the employee and his family.
3. Maximum weight allowances, travel expenses and subsistence allowances for the employee and his family shall be determined by regulations of the state board of examiners.
4. All requests for payment of travel expenses, subsistence allowances and moving expenses shall be submitted to the state board of examiners before obligations are incurred. Upon approval by the state board of examiners, claims shall be submitted for payment in the same manner as other claims against the state from funds available to the agency, board or commission.
________
Senate Bill No. 72Senator Lamb
CHAPTER 292
AN ACT increasing salaries of employees of the State of Nevada in the classified service; providing for certain salary adjustments; making appropriations for such salary increases from the general fund and the state highway fund in the state treasury; 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. 1. Except as otherwise provided in this act, to effect an approximate 5-percent salary increase effective January 1, 1971, there is hereby appropriated from the general fund in the state treasury, for the fiscal period January 1, 1971, to June 30, 1971, the sum of $274,300, and for the fiscal periods July 1, 1971, to June 30, 1972, and from July 1, 1972, to June 30, 1973, the sums of $548,500 and $548,500, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may be created between appropriated funds of the respective departments, commissions and agencies of the State of Nevada as fixed by the 55th session of the legislature and the salary requirements of classified personnel of such departments, commissions and agencies necessary under an adjusted pay plan to become effective on January 1, 1971.
2. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse the moneys herein appropriated to the various departments, commissions and agencies under such adjusted pay plan.
Sec. 2. 1. There is hereby appropriated from the general fund in the state treasury for the fiscal period from January 1, 1972, to June 30, 1973, the sum of $863,500 to provide a maximum 5-percent salary adjustment for classified employees based on the movement of the National Consumer Price Index, to take effect January 1, 1972, and to be effective through June 30, 1973.
κ1971 Statutes of Nevada, Page 511 (CHAPTER 292, SB 72)κ
National Consumer Price Index, to take effect January 1, 1972, and to be effective through June 30, 1973. The percentage increase will be determined by using the Bureau of Labor Statistics, United States Department of Labor, National Consumer Price Index percentage increase for the months of October 1970 through September 1971, not to exceed 5 percent.
2. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of the funds herein appropriated, such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs of such respective departments, commissions and agencies under the adjusted pay plan of January 1, 1971.
Sec. 3. 1. There is hereby appropriated from the state highway fund to effect an approximate 5-percent salary increase effective January 1, for the fiscal period January 1, 1971, to June 30, 1971, the sum of $84,160, and for the fiscal periods July 1, 1971, to June 30, 1972, and from July 1, 1972, to June 30, 1973, the sums of $168,700 and $168,700, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may exist between the appropriated funds of the department of motor vehicles and appropriate employees of the public service commission of Nevada as fixed by the 55th session of the legislature, and the salary requirements of classified personnel of the department of motor vehicles and appropriate employees of the public service commission of Nevada needed under an adjusted pay plan to become effective January 1, 1971.
2. The state board of examiners, upon recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the department of motor vehicles and the public service commission of Nevada out of the funds appropriated by subsection 1 such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available, shall equal the amounts of money required to meet and pay the salary needs of the department of motor vehicles and the public service commission of Nevada under such adjusted pay plan.
Sec. 4. 1. There is hereby appropriated from the state highway fund for the fiscal period January 1, 1972, to June 30, 1973, the sum of $265,710 to provide a maximum 5-percent salary adjustment for classified employees of the department of motor vehicles and appropriate employees of the public service commission of Nevada, based on the movement of the National Consumer Price Index, to take effect January 1, 1972, and to be effective through June 30, 1973. The percentage increase will be determined by using the Bureau of Labor Statistics, United States Department of Labor, National Consumer Price Index percentage increase for the months of October 1970 through September 1971, not to exceed 5 percent.
2. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the department of motor vehicles and the public service commission of Nevada out of the funds appropriated by subsection 1 such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amounts of money required to meet and pay the salary needs of the department of motor vehicles and the public service commission of Nevada under the adjusted pay plan.
κ1971 Statutes of Nevada, Page 512 (CHAPTER 292, SB 72)κ
authorized to allocate and disburse to the department of motor vehicles and the public service commission of Nevada out of the funds appropriated by subsection 1 such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amounts of money required to meet and pay the salary needs of the department of motor vehicles and the public service commission of Nevada under the adjusted pay plan.
Sec. 5. 1. There is hereby appropriated from the general fund in the state treasury for the fiscal period January 1, 1971, to June 30, 1971, the sum of $86,300 and for the fiscal periods July 1, 1971, to June 30, 1972, and from July 1, 1972, to June 30, 1973, the sums of $172,500 and $172,500, respectively, to the state board of examiners for the purpose of meeting any deficiencies which may be created between appropriated funds of the two campuses of the University of Nevada System, as fixed by the 55th session of the legislature, and the salary requirements of classified personnel of the University of Nevada System, necessary under the adjusted pay plan to become effective on January 1, 1971.
2. There is hereby appropriated from the general fund in the state treasury for the fiscal period January 1, 1972, to June 30, 1973, the sum of $271,650 to provide a maximum 5-percent salary adjustment for classified employees of the University of Nevada System based on the movement of the National Consumer Price Index, to take effect July 1, 1972, and to be effective through June 30, 1973. The percentage increase will be determined by using the Bureau of Labor Statistics, United States Department of Labor, National Consumer Price Index percentage increase for the months of October 1970 through September 1971, not to exceed 5 percent.
3. The state board of examiners, upon recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the campuses of the University of Nevada System, out of the funds herein appropriated, the sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs for classified employees of the University of Nevada System under the adjusted pay plan to become effective on January 1, 1971.
Sec. 6. This act shall become effective upon passage and approval and shall be operative retroactively from January 1, 1971.
________
κ1971 Statutes of Nevada, Page 513κ
Senate Bill No. 224Committee on Education
CHAPTER 293
AN ACT relating to the organization of the public school system; deleting all references to joint school districts in all laws concerned with such organization; 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 108.500 is hereby amended to read as follows:
108.500 1. All sales made under NRS 108.480 and 108.490 shall be made at public auction.
2. No sale shall be valid unless notice of the sale is published at least once a week for 2 successive weeks prior to the sale, in some newspaper published in the county in which the sale is to take place, or, in case no newspaper is published therein, by posting notices at least 10 days prior to the sale in at least three public places in the county, two of which shall be in the township where the property is to be offered for sale.
3. The notice shall:
(a) Give a description of the property to be sold.
(b) Give the time and place of the sale.
(c) Give the name of the hotel, inn, motel, motor court, boardinghouse or lodginghouse at which the property or baggage was left.
(d) Give the name of the owner of the property when known.
(e) Be signed by the person conducting the sale.
4. If the name and residence of the owner of the property upon which the lien is to be foreclosed is known, a copy of the notice shall, at the time of the posting or publication, be delivered to him, if he resides in the county; otherwise, it shall be mailed to him at his last-known place of residence.
5. After paying all costs of keeping the property until the time of sale, the reasonable costs of the sale and the amount due the lien claimant, the remainder, if any, shall be paid to the county treasurer of the county in which the lien is foreclosed with a statement of the innkeepers claim, the costs of enforcing it, a copy of the published or posted notice, and the amount received for the property sold at the sale. The residue shall be paid into the county school district fund, [or the joint school district fund, if the county school district is included in a joint school district,] subject to a right of the guest or boarder, or his representative, to reclaim it within 6 months from the date of the deposit.
Sec. 2. NRS 108.550 is hereby amended to read as follows:
108.550 1. The lien provided for in NRS 108.540 may be foreclosed in the following manner:
(a) A notice shall be posted for a period of 10 days in three public and conspicuous places in the county where the animals are being fed, pastured or boarded, which notice shall also be published in one issue of some newspaper of general circulation in the county.
(b) The notice shall:
(1) Specify the nature and amount of the lien.
κ1971 Statutes of Nevada, Page 514 (CHAPTER 293, SB 224)κ
(2) Specify that it is the intention of the lienholder to foreclose the same by sale.
(3) Specify a description of the animal or animals.
(4) Specify the name and last-known address of the owner or purported owner of the animal or animals.
(5) State that unless the amount of the lien be paid on or before a specified date, which date shall be not less than 10 nor more than 15 days after the date of the publication of the notice, the animal or animals, or so many thereof as may be necessary, will be sold at public auction at the place and on the day and hour specified in the notice.
(6) Be signed and dated by the lienholder.
A true copy of such demand and notice shall be mailed by registered or certified letter and at the time of publication to the last-known address of the holder of every lien appearing of record in the county.
2. The sale provided for in this section may be conducted by the person furnishing the feed, pasture or board, or by any other person who may be designated by the lienholder. Only such number of animals will be sold as may be necessary to discharge the lien and pay the cost of the publication of notice, plus the sum of $5 to be allowed to the person making the sale. No sale shall be made except when the animals to be sold are corralled and have been viewed by the bidders. Any expense incidental to rounding up or bringing the animal or animals to the place of sale shall also be a proper and an additional charge against the owner. The lienholder may be a bidder at the sale. From the proceeds of the sale the lienholder shall satisfy his lien, including the additional charges herein mentioned, delivering over the balance, if any there be, to the owner. If the owner is out of the state or cannot be found, the balance shall be deposited with the county treasurer of the county in which the sale was conducted.
3. If the balance is not called for by such owner within 6 months from the date of sale, the balance shall be paid into the county school district fund. [or the joint school district fund, if the county school district is included in a joint school district.]
4. The highest bidder at the sale shall immediately pay the amount bid in cash and shall receive title to the animals sold, subject only to the prior lien hereinabove specified; but before such title vests in the successful bidder there shall be filed with the recorder of the county in which the sale was held a certificate executed by the person conducting the sale, to which must be attached the publishers proof of publication of the notice of sale to foreclose the lien hereinabove provided for. The certificate shall specify:
(a) The name and address of the buyer.
(b) That the buyer was the highest bidder.
(c) The amount bid and paid.
(d) The kind, color, size, weight, brand, if any, and earmarks, if any, of the animal or animals sold.
5. No person requesting or consenting to the furnishing of feed, pasture or board shall be entitled to assert a lien prior to that herein provided for.
6. This section is intended to supplement existing law and the remedy herein provided shall not be exclusive. Nothing in this section shall be construed so as to deprive the lienholder from resorting to any other legal remedy now or hereafter available.
κ1971 Statutes of Nevada, Page 515 (CHAPTER 293, SB 224)κ
construed so as to deprive the lienholder from resorting to any other legal remedy now or hereafter available.
Sec. 3. NRS 116.070 is hereby amended to read as follows:
116.070 Whenever any land dedicated to the use of a public school system, pursuant to the provisions of NRS 116.020 as it read prior to April 6, 1961, or any land purchased and used as a school site pursuant to the provisions of NRS 116.020 after April 6, 1961, becomes unsuitable, undesirable or impractical for any school uses or purposes, the board of trustees of the county school district [or joint school district] in which the land is located shall:
1. Sell or lease the land in the manner provided in NRS 277.050 or NRS 393.220 to 393.320, inclusive; or
2. Exchange the land in the manner provided in NRS 277.050 or in NRS 393.326 to 393.3293, inclusive.
Sec. 4. NRS 251.040 is hereby amended to read as follows:
251.040 1. In addition to the requirements of NRS 251.030, the county auditor shall notify the clerk of the board of trustees of the county school district [or the joint school district, as the case may be,] and send at the same time a duplicate of the report to the superintendent of public instruction, at the beginning of each month, showing the amount of funds left to the credit of the district at the beginning of the previous month, new funds credited during the previous month and the source thereof, the total of disbursements allowed by warrants during the previous month, and the balance to the credit of the district at the beginning of the month in which the report is rendered.
2. The report shall be in such form as the state board of education may prescribe.
Sec. 5. NRS 361.455 is hereby amended to read as follows:
361.455 1. Subsequent to the approval of the final budgets for the various local governments as defined in NRS 354.474 and their submission to the Nevada tax commission, for examination and approval, the Nevada tax commission shall certify to the board of county commissioners of each of the several counties the combined tax rate necessary to produce the amount of revenue required by the approved budgets, and shall certify such combined rate, to each of the boards of county commissioners.
2. Immediately upon adoption of the final budgets, if the combined tax rate together with the established state tax rate exceeds the constitutional tax rate limit, the chairman of the board of county commissioners in each county concerned shall call a meeting of the governing boards of each of the local governments within such county for the purpose of establishing a combined tax rate that conforms to the constitutional limitations. The chairman shall convene the meeting on April 14 or, if April 14 falls on a Saturday or Sunday, on the Monday next following.
3. The governing boards of the local governments shall meet in public session and the county clerk shall keep appropriate records of all proceedings. The chairman of the board of county commissioners or his designee shall preside at such meeting. The governing boards shall explore areas of mutual concern so as to agree upon a combined tax rate that does not exceed the constitutional limit. That portion of the proposed tax rate of the county [or joint] school district for the operation and maintenance of public schools composed of the mandatory tax levy specified in paragraph (a) of subsection 2 of NRS 387.195 [and in paragraph (a) of subsection 2 of NRS 387.250] and the recommended tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195 [and paragraph (b) of subsection 2 of NRS 387.250] may not be reduced by action of the governing boards in order to establish a combined tax rate conforming to constitutional limitations; but that portion of the proposed tax rate of the county [or joint] school district specified for debt service requirements pursuant to paragraph (c) of subsection 2 of NRS 387.195 [and paragraph (c) of subsection 2 of NRS 387.250] is subject to a rate adjustment by action of the governing boards pursuant to this section.
κ1971 Statutes of Nevada, Page 516 (CHAPTER 293, SB 224)κ
public schools composed of the mandatory tax levy specified in paragraph (a) of subsection 2 of NRS 387.195 [and in paragraph (a) of subsection 2 of NRS 387.250] and the recommended tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195 [and paragraph (b) of subsection 2 of NRS 387.250] may not be reduced by action of the governing boards in order to establish a combined tax rate conforming to constitutional limitations; but that portion of the proposed tax rate of the county [or joint] school district specified for debt service requirements pursuant to paragraph (c) of subsection 2 of NRS 387.195 [and paragraph (c) of subsection 2 of NRS 387.250] is subject to a rate adjustment by action of the governing boards pursuant to this section.
4. The governing boards shall determine final decisions by a unanimous vote of all entities present and qualified to vote, as defined in this subsection. No ballot may be cast on behalf of any governing board unless a majority of such individual board is present. A majority vote of all members of each governing board is necessary to determine the ballot cast for that entity. All ballots must be cast not later than the day following the day the meeting is convened. The district attorney shall be the legal advisor for such proceedings.
5. The county clerk shall immediately thereafter advise the Nevada tax commission of the results of the ballots cast and the tax rates set for local governments concerned and shall submit a written summary of the discussions to the commission. If the ballots for the entities present at the meeting in such county are not unanimous, the county clerk shall notify the Nevada tax commission of the ballots cast indicating that a unanimous vote could not be obtained.
6. If a unanimous vote is not obtained and the combined rate in any county together with the established state tax rate exceeds the constitutional tax rate limit, the Nevada tax commission shall examine the summary of the discussions and the budgets of all local governments concerned. On May 1 or, if May 1 falls on a Saturday or Sunday, on the Monday next following, the Nevada tax commission shall meet to set the tax rates for the next succeeding year for all local governments so examined. In setting such tax rates for the next succeeding year the Nevada tax commission shall not reduce that portion of the proposed tax rate of the county [or joint] school district for the operation and maintenance of public schools composed of the mandatory tax levy specified in paragraph (a) of subsection 2 of NRS 387.195 [and in paragraph (a) of subsection 2 of NRS 387.250] and the recommended tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195. [and paragraph (b) of subsection 2 of NRS 387.250.]
7. Any local government affected by a rate adjustment, made in accordance with the provisions of this section, which necessitates a budget revision shall file a copy of its revised budget by June 30 next after the approval and certification of the rate by the Nevada tax commission.
8. A copy of the certificate of the Nevada tax commission sent to the board of county commissioners shall be forwarded to the county auditor.
Sec. 6. NRS 385.012 is hereby amended to read as follows:
385.012 The state department of education shall file with the clerk of the board of trustees of each county [or joint] school district a directory of all teachers who shall be entitled to draw salaries from the county school district [or joint school district funds,] fund, and shall advise the clerk of the board of trustees from time to time of any changes or additions to the directory.
κ1971 Statutes of Nevada, Page 517 (CHAPTER 293, SB 224)κ
the board of trustees of each county [or joint] school district a directory of all teachers who shall be entitled to draw salaries from the county school district [or joint school district funds,] fund, and shall advise the clerk of the board of trustees from time to time of any changes or additions to the directory.
Sec. 7. NRS 386.010 is hereby amended to read as follows:
386.010 1. [The school districts of the State of Nevada are of two kinds:
(a) County school districts. The Carson City school district shall be considered as a county school district.
(b) Joint school districts.
2.] County school districts, the boundaries of which are conterminous with the boundaries of the counties of the state, are hereby created.
[3. Joint school districts, composed of all of the territory of two or more contiguous county school districts, may hereafter be created in the manner provided in this Title of NRS.
4.] The Carson City school district shall be considered as a county school district.
2. Each county school district created by this chapter [and each joint school district which may hereafter be created] is hereby declared to be a political subdivision of the State of Nevada whose purpose is to administer the state system of public education.
[5.] 3. Each school district shall have the power to sue and may be sued.
Sec. 8. NRS 386.020 is hereby amended to read as follows:
386.020 1. Every school district, joint school district, union school district, consolidated school district, educational district, and every other kind or type of school district or educational district heretofore created and existing and operating under the provisions of chapter 63, Statutes or Nevada 1947, or any other law of the State of Nevada, is hereby dissolved and disestablished upon March 2, 1956; and the functions of all such school districts and educational districts heretofore existing are hereby transferred to the county school districts created by this chapter. [and to the joint school districts which may hereafter be created.]
2. On March 2, 1956, all of the debts, liabilities and obligations, except bonded indebtedness, of the school districts and educational districts abolished by this section shall become and be the debts, liabilities and obligations of the county school district whose territory includes the areas of the school districts and educational districts abolished by this section.
Sec. 9. NRS 386.030 is hereby amended to read as follows:
386.030 [1.] Every county school district shall be designated by the name and style of ____________School District (using the name of the county or city the boundaries of which are conterminous with the boundaries of the county school district).
[2. Every joint school district shall be designated by the name and style of ____________-____________Joint School District (using the names of all of the counties the territories of which are included within the boundaries of the joint school district).]
κ1971 Statutes of Nevada, Page 518 (CHAPTER 293, SB 224)κ
Sec. 10. NRS 386.110 is hereby amended to read as follows:
386.110 1. The trustees of a school district shall constitute a board, which is hereby created a body corporate.
2. The board of trustees of a county school district shall be designated by the name and style of The Board of Trustees of the _____________ School District (using the name of the county or city the boundaries of which are conterminous with the boundaries of the county school district).
[3. The board of trustees of a joint school district shall be designated by the name and style of The Board of Trustees of the _____________ Joint School District (using the names of all of the counties the territories of which are included within the boundaries of the joint school district).]
Sec. 11. NRS 386.150 is hereby amended to read as follows:
386.150 On or before June 1 in any year in which a general election is held, the superintendent of public instruction shall [:
1. File] file with each clerk of a county whose boundaries are conterminous with a county school district a certificate stating:
[(a)] 1. The total number of pupils enrolled during that school year in the county school district.
[(b)] 2. The number and offices of trustees of the county school district to be filled at the next general election.
[2. File with each clerk of a county whose boundaries are conterminous with a school trustee election district within a joint school district a certificate stating:
(a) The total number of pupils enrolled during that school year in the school trustee election district of the joint school district.
(b) The number and offices of trustees of the joint school district to be filled from that school trustee election district at the next general election.]
Sec. 12. NRS 386.240 is hereby amended to read as follows:
386.240 A candidate for the office of trustee of a school district shall:
1. Be a qualified elector.
2. Have the qualifications of residence within the county school district [or the school trustee election district within the joint school district] required for the office for which he seeks election.
Sec. 13. NRS 386.250 is hereby amended to read as follows:
386.250 1. Candidates for the office of trustee shall be nominated in the manner provided by the primary election laws of this state.
2. The declaration of candidacy and the acceptance of a candidacy by candidates for the office of trustee of county school districts shall be filed with the county clerk of the county whose boundaries are conterminous with the county school district boundaries.
[3. The declaration of candidacy and the acceptance of a candidacy by candidates for the office of trustee of a joint school district shall be filed with the county clerk of the county whose boundaries are conterminous with the school trustee election district boundaries.]
Sec. 14. NRS 386.260 is hereby amended to read as follows:
386.260 1. Trustees shall be elected as provided in the election laws of this state.
2. After the close of any election, and in accordance with law, the board of county commissioners shall make abstracts of the votes cast for trustees and shall immediately transmit the abstracts to the board of trustees of the county school district.
κ1971 Statutes of Nevada, Page 519 (CHAPTER 293, SB 224)κ
board of county commissioners shall make abstracts of the votes cast for trustees and shall immediately transmit the abstracts to the board of trustees of the county school district. [or joint school district, as the case may be.] Upon receipt of the abstracts, the board of trustees shall:
(a) Meet forthwith.
(b) Examine the abstracts.
(c) Declare the results of the election.
(d) Order the clerk of the board of trustees to issue election certificates to the candidates elected.
3. Immediately, the clerk of the board of trustees shall transmit a copy of each election certificate to the superintendent of public instruction.
Sec. 15. NRS 386.280 is hereby amended to read as follows:
386.280 [1.] A trustee of a county school district may be recalled from office in the manner provided by the constitution and laws of this state.
[2. A trustee of a joint school district may be recalled from office by the qualified electors of the school trustee election district from which he was elected in the manner provided by the constitution and laws of this state.]
Sec. 16. NRS 386.310 is hereby amended to read as follows:
386.310 1. On the 1st Monday in January following a general election, the board of trustees shall meet and organize by:
(a) Electing one of its members as president.
(b) Electing one of its members as clerk, or by selecting some other qualified person as clerk.
2. A record of the organization of the board of trustees shall be entered in the minutes, together with the amount of salary to be paid to the clerk.
3. Immediately after the organization of the board of trustees, the clerk shall file the names of the president, the clerk and the members of the board of trustees with the state department of education and the county auditor [or auditors] of the county [or counties] whose boundaries are conterminous with the boundaries of the county school district. [or joint school district.]
Sec. 17. NRS 386.410 is hereby amended to read as follows:
386.410 [1.] In addition to other duties imposed by law concerning school districts, each district attorney of a county whose boundaries are conterminous with the boundaries of a county school district shall, when required, give his written opinion without fee to the board of trustees of the county school district on matters relating to the duties of the board.
[2. When required, the attorney general shall give his written opinion without fee to the board of trustees of a joint school district on matters relating to the duties of the board.]
Sec. 18. NRS 387.124 is hereby amended to read as follows:
387.124 1. On or before August 1, November 1, February 1 and May 1 of each year, the state controller shall render to the superintendent of public instruction a statement of the moneys in the state treasury subject to distribution to the several school districts of the state as provided in this section.
2. Immediately after the state controller has made his quarterly report, the state board of education shall apportion the state distributive school fund among the several county school [districts and joint school] districts in the following manner:
κ1971 Statutes of Nevada, Page 520 (CHAPTER 293, SB 224)κ
report, the state board of education shall apportion the state distributive school fund among the several county school [districts and joint school] districts in the following manner:
(a) Basic support of each school district shall be computed by multiplying the average daily attendance by the basic support guarantee per pupil established in NRS 387.122.
(b) The availability of local funds shall be determined, which local funds shall be the sum of:
(1) The amount computed by multiplying .007 times the assessed valuation of the school district as certified by the Nevada tax commission for the concurrent school year; and
(2) The proceeds of the local school support tax imposed by chapter 374 of NRS. The Nevada tax commission shall furnish an estimate of such proceeds to the state board of education on or before July 15 for the fiscal year then begun, and the state board of education shall adjust the final apportionment of the concurrent school year to reflect any difference between such estimate and actual receipts.
(c) Apportionment computed on a yearly basis shall consist of the difference between the basic support as computed in paragraph (a) of this subsection and the local funds available as computed in paragraph (b) of this subsection, but no apportionment shall be less than 10 percent of basic support.
(d) Apportionment shall be paid quarterly at the times provided in subsection 1, each quarterly payment to consist of approximately one-fourth of the yearly apportionment as computed in paragraph (c) of this subsection. The first quarterly apportionment based on an estimated number of pupils in average daily attendance and succeeding quarterly apportionments shall be subject to adjustment from time to time as the need therefor may appear. A final apportionment shall be computed as soon as practicable following the close of the school year, but not later than August 1. The final computation shall be based upon the actual average daily attendance for that school year. If the final computation of apportionment for any school district exceeds the actual amount paid to such school district during the school year, the additional amount due shall be paid before September 1. If the final computation of apportionment for any school district is less than the actual amount paid to such school district during the school year, the amount of overpayment shall be deducted from the next apportionment payable to such school district. If the amount of overpayment is greater than the next apportionment payable, the difference shall be repaid to the state distributive school fund by the school district before September 1.
(e) For any year when the average daily attendance of a school district in any category is less than the average daily attendance in such category during the prior year, and such lesser average daily attendance was not anticipated at the time estimates were made by the superintendent of the county [or joint] school district in June of the preceding school year, the superintendent of public instruction may authorize additional apportionments in amounts such that the total of all apportionments for the year do not exceed the total apportionment for the year that would be computed by substituting the average daily attendance of the prior year in the category so affected for the average daily attendance of the current year in the category so affected.
κ1971 Statutes of Nevada, Page 521 (CHAPTER 293, SB 224)κ
year in the category so affected. As a condition precedent to such authorization, the superintendent of the county [or joint] school district shall deliver to the superintendent of public instruction a request setting forth the reasons why the additional apportionment is necessary to the financial support of the school district, and the superintendent of public instruction shall review such request. As used in this paragraph, category means any one of the groups of persons separately described in paragraphs (a), (b) and (c) of subsection 1 of NRS 387.123.
(f) The board of trustees of any school district in this state whose estimated receipts from all sources provided by this chapter and chapter 374 of NRS, including any additional apportionment made pursuant to paragraph (e) are less for any fiscal year because of reduced average daily attendance or reduced local income, or both, than the total estimated receipts from such sources in the final approved budget for such fiscal year, and which cannot therefore provide a minimum program of education and meet its contract obligations, may apply for emergency financial assistance from the state distributive school fund and may be granted such assistance upon compliance with the following conditions and procedures:
(1) The tax levy for the applying district shall be the maximum of $1.50 for operating costs as authorized by law, not including any special tax authorized by the provisions of NRS 387.290.
(2) Such application shall be made to the state board of education in such form as shall be prescribed by the superintendent of public instruction, and in accordance with guidelines for evaluating needs for emergency financial assistance as established by the state board of education.
(3) Before acting on any such application, the state board of education and state board of examiners, jointly, shall determine the difference between the total amount of money appropriated and authorized for expenditure during the current biennium from the state distributive school fund and the total amount of money estimated to be payable from such fund during the biennium pursuant to paragraphs (c) and (e), and shall make no distribution in excess of such difference.
(4) The state board of education shall review each application and shall by resolution find the least amount of additional money, if any, which it deems necessary to enable the board of trustees of the applying school district to provide a minimum educational program and meet its irreducible contract obligations. In making such determination, the state board of education shall consider also the amount available in the distributive school fund and the anticipated amount of future applications, so that no deserving school district will be wholly denied relief.
(5) If the state board of education finds that emergency assistance should be granted to an applying school district, it shall transmit its resolution finding such amount to the state board of examiners, along with a report of its then-current estimate of the total requirements to be paid from the state distributive school fund during the then-current fiscal year.
(6) The state board of examiners shall independently review each resolution so transmitted by the state board of education, may require the submission of such additional justification as it deems necessary, and shall find by resolution the amount of emergency assistance, if any, to be granted.
κ1971 Statutes of Nevada, Page 522 (CHAPTER 293, SB 224)κ
find by resolution the amount of emergency assistance, if any, to be granted. The board may defer, and subsequently grant or deny, any part of a request.
(7) The state board of examiners shall transmit one copy of its finding to the state board of education and one copy to the state controller. Upon receipt of a claim pursuant to a grant of emergency assistance, such claim shall be paid from the state distributive school fund as other claims against the state are paid.
(8) Money received by a school district pursuant to a grant of relief may be expended only in accordance with the approved budget of such school district for the fiscal year for which such grant is made. No formal action to incorporate the money so received in the approved budget is required, but such receipts shall be reported as other receipts are reported and explained in a footnote as emergency loans are explained.
(9) The state board of education shall transmit to the legislature a report of each and every grant of emergency assistance paid pursuant to this paragraph.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be credited with attendance during that period.
Sec. 19. NRS 387.290 is hereby amended to read as follows:
387.290 1. With the approval of the state board of finance, the board of trustees of any school district may accumulate a fund for a period of time not to exceed 10 years for the purpose of constructing or making additions to an elementary school, a junior high school or a high school, by the levy of an annual special tax not to exceed 35 cents on each $100 of assessed valuation of taxable property within the school district. Any levy of an annual special tax authorized by this section shall be included within the tax levy authorized by paragraph (b) of subsection 2 of NRS 387.195. [or paragraph (b) of subsection 2 of NRS 387.250.]
2. All moneys collected from such special tax shall be placed in a fund with the county treasurer holding the county school district fund [or the joint school district fund] to be designated as the ___________ school district building reserve fund.
3. No moneys in the fund at the end of the fiscal year shall revert to the county school district fund, [or the joint school district fund,] nor shall such moneys be a surplus for any other purpose than those specified and for which the levies were made.
4. All moneys in a building reserve fund of a school district or educational district abolished by NRS 386.020 and transferred to the county school district fund pursuant to the provisions of NRS 387.170 shall, after March 2, 1956, be expended only for the purpose of constructing or making additions to elementary schools, junior high schools or high schools within the area which formerly constituted the school district or educational district abolished by NRS 386.020 wherein the annual special tax was levied and collected.
Sec. 20. NRS 387.300 is hereby amended to read as follows:
387.300 Boards of trustees of county school districts [and joint school districts] shall prepare budgets of the amounts of money estimated to be necessary to pay the expenses of conducting the public business of the school districts as provided in chapter 354 of NRS.
κ1971 Statutes of Nevada, Page 523 (CHAPTER 293, SB 224)κ
to be necessary to pay the expenses of conducting the public business of the school districts as provided in chapter 354 of NRS.
Sec. 21. NRS 387.306 is hereby amended to read as follows:
387.306 1. The board of trustees of any school district may establish a revolving cash fund in any bank whose deposits are insured by the Federal Deposit Insurance Corporation for the purpose of paying bills pursuant to NRS 387.307.
2. The board of trustees may appropriate money to establish such revolving cash fund from the county [or joint] school district fund in the county treasury.
3. The maximum amount in the revolving cash fund established pursuant to this section shall be:
(a) In school districts having a pupil population of 20,000 or more, $10,000.
(b) In school districts having a pupil population of 5,000 or more but less than 20,000, $5,000.
(c) In school districts having a pupil population of 500 or more but less than 5,000, $2,500.
(d) In school districts having a pupil population of less than 500, $1,000.
Sec. 22. NRS 387.307 is hereby amended to read as follows:
387.307 1. Any person or persons authorized by the board of trustees of the school district may make immediate payment by a check drawn on the revolving cash fund of the school district for purchases in an amount of $50 or less.
2. A copy of the purchase order and a receipted, itemized invoice or its equivalent shall be forwarded to the clerk of the board of trustees, who monthly shall prepare an itemized list of such payments for approval by the board.
3. Upon the approval of such expenditures by the board of trustees, the clerk shall draw an order for the replenishment of the revolving cash fund from the county [or joint] school district fund in the county treasury belonging to the school district. Such order shall be treated in the same manner as prescribed in NRS 387.310 for the payment of other claims against the school district.
4. Any person who issues a check drawn on the revolving cash fund shall be personally liable for the amount of such check if the board of trustees, in good faith, does not approve of the expenditure.
Sec. 23. NRS 387.320 is hereby amended to read as follows:
387.320 1. During the quarter of the school year beginning January 1, 1956, and in each quarter school year thereafter, the clerk of the board of trustees of a county school district shall cause to be published a list of expenditures of the county school district made during the previous quarter school year. The published list of expenditures shall be in the form prescribed by the state board of education.
2. [During the quarter of the school year beginning October 1, 1956, and in each quarter school year thereafter the clerk of the board of trustees of a joint school district shall cause to be published lists of expenditures of the joint school district made during the previous quarter school year.
κ1971 Statutes of Nevada, Page 524 (CHAPTER 293, SB 224)κ
year. The published list of expenditures shall be in the form prescribed by the state board of education.
3.] The publication required by subsection 1 shall be printed in some newspaper published and of general circulation in the county the boundaries of which are conterminous with the boundaries of the county school district.
[4. The publications required by subsection 2 shall be printed in some newspaper published and of general circulation in each of the counties whose territories are included within the area of the joint school district.]
[5.] 3. The [newspapers] newspaper described in [subsections 3 and 4] subsection 2 must possess the qualifications prescribed in chapter 238 of NRS.
[6.] 4. If no qualified newspaper is published within a county, then the required publication shall be printed in some qualified newspaper printed in the State of Nevada and having a general circulation within the county.
Sec. 24. NRS 391.230 is hereby amended to read as follows:
391.230 1. Upon the opening of any public school in this state, every teacher therein shall file with the superintendent of the county [or joint] school district a Nevada teachers certificate entitling the holder to teach in the school in which he will be employed, and any other report that the superintendent of public instruction shall require.
2. The superintendent of the county [or joint] school district shall acknowledge the receipt of each teachers certificate and shall make a proper record of the same in his office. The teachers certificate shall remain on file and shall be safely kept in the office of the superintendent of the county [or joint] school district.
Sec. 25. NRS 404.040 is hereby amended to read as follows:
404.040 All moneys remaining in the road fund belonging to any road district at the end of every year, or belonging to any road district that may disorganize as provided in NRS 404.010, may, on petition of a majority of the taxpayers therein, be applied by the board of county commissioners to the building of any bridge or special improvement of any highway in the road district or the county in which the road district is situated; or, upon petition, the moneys may be transferred to the county [or joint] school district fund and applied to the public schools of the county [or joint] school district.
Sec. 26. Whenever there appears in any chapter of Statutes of Nevada 1971, or in any section of Nevada Revised Statutes not amended by this act, a reference to a joint school district, the legislative council shall delete such reference.
Sec. 27. NRS 386.040, 386.050, 386.060, 386.070, 386.080, 386.090, 386.100, 386.130, 386.210, 386.220, 386.230, 387.230, 387.235, 387.237, 387.240, 387.245, 387.250, 387.260, 387.265, 387.270, 387.275, 387.280, 387.285, 387.295, 387.530, 387.533, 387.535, 387.540, 387.545, 387.550, 387.555, 387.560, 387.565, 387.570, 387.575, 387.580, 387.585, 387.590, 387.595, 387.600, 387.605, 387.665, 387.670, 387.705, 387.710, 387.715, 387.720 and 393.360 are hereby repealed.
Sec. 28. Section 22 of chapter 49, Statutes of Nevada 1971, entitled An Act relating to elections; concerning the submission of bond questions and other proposals at elections, the registration of electors and the manner of voting on and approving such proposals; validating, ratifying, approving and confirming outstanding public securities of the state and all corporate subdivisions and agencies thereof and acts and proceedings had or taken preliminary to or in the approval or purported approval of a bond question or other proposal at an election, or based upon such an approval, and pertaining to public securities; amending the charter of Carson City, the charters of the cities of Henderson and Sparks and the act creating the Las Vegas Valley Water District; and otherwise providing matters properly relating to elections and proposals submitted at elections, approved March 15, 1971, is hereby repealed.
κ1971 Statutes of Nevada, Page 525 (CHAPTER 293, SB 224)κ
An Act relating to elections; concerning the submission of bond questions and other proposals at elections, the registration of electors and the manner of voting on and approving such proposals; validating, ratifying, approving and confirming outstanding public securities of the state and all corporate subdivisions and agencies thereof and acts and proceedings had or taken preliminary to or in the approval or purported approval of a bond question or other proposal at an election, or based upon such an approval, and pertaining to public securities; amending the charter of Carson City, the charters of the cities of Henderson and Sparks and the act creating the Las Vegas Valley Water District; and otherwise providing matters properly relating to elections and proposals submitted at elections, approved March 15, 1971, is hereby repealed.
Sec. 29. This act shall become effective upon passage and approval.
________
Assembly Bill No. 651Messrs. Glaser, Roy Young and Howard
CHAPTER 294
AN ACT relating to the state department of conservation and natural resources; creating a state committee on federal land laws in that department; establishing procedures for the advisory commission; making an appropriation; 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 232.151 is hereby amended to read as follows:
232.151 To [represent and enunciate the State of Nevadas position on public lands with other western states and before the Federal Land Law Review Commission,] study, advise and recommend the State of Nevadas position regarding federal legislation relating to the Federal Land Law Review Commissions recommendations, there is hereby created in the department the state committee on federal land laws, referred to in NRS 232.152 to 232.156, inclusive, as the committee.
Sec. 2. NRS 232.152 is hereby amended to read as follows:
232.152 The [director shall] committee shall select one of its members to serve as chairman of the committee, and the assistant director provided for in NRS 232.157 shall be the committees secretary. The governor shall appoint 11 other members, each chosen to represent one of the following interests:
1. [Banks and savings and loan associations;] Conservationists;
2. City and county governments;
3. Woolgrowers;
4. Livestock raising;
5. [State board of fish and game commissioners;] Sportsmen;
6. Mining;
7. Agriculture;
κ1971 Statutes of Nevada, Page 526 (CHAPTER 294, AB 651)κ
8. Education;
9. Recreation [and conservation;] users;
10. Railroads [; and] and utilities; and
11. The general public.
Sec. 3. Chapter 232 of NRS is hereby amended by adding a new section thereto which shall read as follows:
All state agencies and boards shall cooperate with and make appearances before the committee to assist it in performing the functions assigned to it by law.
Sec. 4. There is hereby appropriated from the general fund of the state treasury for the travel expenses and per diem allowance of members of the state committee on federal land laws:
1. For the fiscal year ending June 30, 1972, the sum of $5,000.
2. For the fiscal year ending June 30, 1973, the sum of $5,000.
________
Senate Bill No. 599Committee on Federal, State and Local Governments
CHAPTER 295
AN ACT authorizing and directing the state land register, on behalf of the State of Nevada, to amend an existing lease agreement with Washoe County, Nevada, to extend the term of the lease agreement to 99 years; 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. 1. The state land register, acting on behalf of the State of Nevada and for the purposes of this act as successor to the state board of agriculture, is authorized and directed forthwith to execute an agreement with Washoe County, Nevada, by and through its board of county commissioners, amending that certain lease agreement heretofore executed by and between the state board of agriculture and Washoe County pursuant to the direction and authority contained in chapter 251, Statutes of Nevada 1951, extending the term of the original lease agreement from 50 years expiring on March 21, 2001, to a term of 99 years expiring on March 21, 2050.
2. Upon the expiration of the extended term on March 21, 2050, the property described in section 1 of chapter 251, Statutes of Nevada 1951 (less any property released by Washoe County pursuant to the provisions of chapter 11, Statutes of Nevada 1955) shall revert to the State of Nevada.
3. The provisions of NRS 244.320 do not apply to the members of the board of county commissioners of Washoe County with respect to the execution of the agreement authorized and directed by subsection 1.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 527κ
Assembly Bill No. 469Washoe-Storey and Lyon Districts Delegation
CHAPTER 296
AN ACT relating to the joint acquisition and operation of facilities and projects by county school districts; providing for the issuance of bonds therefor; providing limitations in connection with the issuance of and other details concerning such bonds; delineating powers, privileges, immunities, rights, liabilities, disabilities and duties in connection with the acquisition, operation and maintenance of such joint facilities or projects, and with such bonds and other securities pertaining to such facility or project, including without limitation by reference to the Local Government Securities Law; 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. Chapter 387 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. 1. Notwithstanding the provisions of any other law, the boards of trustees of county school districts are authorized and empowered to acquire any or all of the facilities or projects specified in paragraphs (a) to (d), inclusive, of subsection 1 of NRS 387.335 jointly, as moneys may be made available therefor, including but not necessarily limited to proceeds of bonds issued pursuant to this chapter.
2. Subject to the provisions of section 3 of this act, each such county school district, acting by and through its board of trustees, is authorized and empowered, in its name and upon its behalf, to issue the school districts negotiable, coupon, general obligation bonds for defraying all or any part of the cost of the facility or project.
Sec. 3. 1. Bonds of any such county school district for the joint facility shall not be issued unless:
(a) Such bonds are approved by the general obligation bond commission of the particular county pursuant to NRS 350.001 to 350.006, inclusive; and
(b) The registered voters of each of such county school districts approve a proposal for the issuance of the bonds of the particular county school district pursuant to the provisions of this chapter.
2. If proposals for the issuance of each school districts general obligation bonds carry as provided in subsection 1, each school district, acting by and through its board of trustees, for the purpose of defraying all or any part of the cost of the joint facility or project, may borrow money and otherwise become obligated in the total authorized principal amount, and may issue at one time or from time to time, but not after 6 years from the date of the election authorizing such issue, bonds and other securities of the county school district constituting its general obligations to evidence such obligations, in accordance with the Local Government Securities Law, as from time to time amended.
3. Nothing in this section shall be construed as preventing any county school district from funding, refunding or reissuing at any time or from time to time any securities of the county school district pertaining to the facility or project as provided in the Local Government Securities Law, as from time to time amended, except as therein limited.
Sec. 4. 1. Subject to any contractual provisions between the county school districts, such county school districts hereby are jointly and severally authorized and empowered to:
κ1971 Statutes of Nevada, Page 528 (CHAPTER 296, AB 469)κ
school districts, such county school districts hereby are jointly and severally authorized and empowered to:
(a) Operate and maintain the facility or project upon its completion;
(b) Extend, better, alter, reconstruct, repair and otherwise improve the facility or project;
(c) Equip and reequip the facility or project;
(d) Sell, lease, exchange, transfer, assign or otherwise dispose of property pertaining to the facility or project which no longer is necessary or desirable for use in connection therewith;
(e) Insure or provide for public liability insurance, property damage insurance and other insurance for the facility or project, or any part thereof, or any activity in connection therewith, against such risks and hazards as either or both county school districts may deem advisable;
(f) Receive, control, invest and order the expenditure of any and all moneys and funds pertaining to the facility or project;
(g) Arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, the facility, and to assign, reassign and transfer any personnel of either county school district for the performance of duties in connection with the facility or project;
(h) Make available for temporary use or otherwise dispose of any machinery, equipment, facilities and other property for the facility or project;
(i) Make and keep records in connection with the facility or project;
(j) Arbitrate any differences arising in connection with the facility or project;
(k) Commence, defend, conduct, terminate by settlement or otherwise, and otherwise participate in any litigation or other court, judicial or quasi-judicial action, by suit, action, mandamus or other proceedings, concerning the facility or project;
(l) Use for or in connection with the facility or project moneys, land and other real and personal property legally available therefor of either county school district not originally acquired therefor;
(m) Levy and collect from year to year for use for or in connection with the facility or project general (ad valorem) property taxes in the manner provided by law, including but not necessarily limited to the payment of indebtedness incurred therefor;
(n) Budget and appropriate, and each county school district is hereby required and directed to budget and appropriate, from time to time, general (ad valorem) tax proceeds and other revenues legally available therefor to pay all obligations arising from the exercise of any powers herein granted as such obligations shall accrue and become due;
(o) Make contracts and execute all instruments necessary or convenient, including but not limited to contracts with the Federal Government and the state;
(p) Acquire any construction work, improvement or improvements of any nature in connection with the facility or project in the manner provided by law;
(q) Prescribe and enforce reasonable rules and regulations for the use of the facility or project;
(r) Provide for an agency, by any agreement authorized, in sections 2 to 8, inclusive, of this act, to administer or execute that or any collateral agreement, which agency may be one of the parties to the agreement, or a commission or board constituted pursuant to the agreement;
κ1971 Statutes of Nevada, Page 529 (CHAPTER 296, AB 469)κ
to 8, inclusive, of this act, to administer or execute that or any collateral agreement, which agency may be one of the parties to the agreement, or a commission or board constituted pursuant to the agreement;
(s) Provide any such agency shall possess the common power specified in the agreement, and may exercise it in the manner or according to the method provided in the agreement, but such power is subject to the restrictions upon the manner of exercising the power of any one of the contracting parties as designated by the agreement;
(t) Continue any agreement herein authorized for a definite term not exceeding 50 years, or until rescinded or terminated, which agreement may provide for the method by which it may be rescinded or terminated by any party;
(u) Exercise all or any part or combination of the powers herein granted; and
(v) Do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of sections 2 to 8, inclusive, of this act; and to have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in sections 2 to 8, inclusive, of this act.
2. The specific powers in subsection 1 shall not be considered as a limitation upon any power necessary, convenient, desirable or appropriate to carry out the purposes and intent of sections 2 to 8, inclusive, of this act.
Sec. 5. County school districts may from time to time enter into agreements, short-term and long-term, but not exceeding a term of 50 years, with each other concerning the facility or project, including without limitation:
1. Agreements concerning any power granted to either or both by sections 2 to 8, inclusive, of this act, the exercise of such powers, and conditions and limitations thereupon.
2. A contract allocating a portion of the facilities or project to the exclusive use and control of any party thereto.
3. A contract concerning the construction and equipment of the joint facility or project, the plans and specifications therefor, and the work and materials incidental thereto, including without limitation the acquisition or improvement of the site therefor, or both.
4. A contract for the ownership, care, custody, control, improvement, operation and maintenance of the facility or project after its acquisition and for defraying expenses incurred therefor.
5. A contract concerning the appointment of personnel for the facility or project.
6. A contract providing for rules, regulations and orders for the use by the public, and charges, if any, therefor.
7. A contract for the allocation between the county school districts of the total utilization of the facility or project, the method of effecting such allocation, and delineating the rights, if any, of leasing any space in the facility or project and any facilities pertaining thereto, and the manner in which any real property, equipment, and other personal property shall be disposed of during or at the end of any contract term in the absence of subsequent agreement thereabout.
8. A contract concerning the maintenance of records of and for the facility or project, the termination of the joint operation and maintenance of the facility or project, and other legal, financial and administrative arrangements to effect the joint operation and maintenance of the facility or project and its disposal in an orderly and equitable manner.
κ1971 Statutes of Nevada, Page 530 (CHAPTER 296, AB 469)κ
facility or project, the termination of the joint operation and maintenance of the facility or project, and other legal, financial and administrative arrangements to effect the joint operation and maintenance of the facility or project and its disposal in an orderly and equitable manner.
Sec. 6. All of the powers, privileges, immunities and rights, exemptions from laws and rules, all retirement, relief, disability, industrial insurance and other benefits which apply to the activity of officers, agents or employees of the county school district employing them when performing their respective functions within the territorial limits of such political subdivision shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties, extraterritorially or otherwise, pursuant to any contract made under the provisions of section 2 to 8, inclusive, of this act, or otherwise, in connection with the facility or project and any activity pertaining thereto.
Sec. 7. The exercise of any power authorized in sections 2 to 8, inclusive, of this act, upon behalf of any county school district by its board of trustees has been determined, and is hereby declared, to effect a public purpose; and the facility or project, as authorized shall effect a public purpose.
Sec. 8. 1. Sections 2 to 8, inclusive, of this act, being necessary to secure and preserve the public health, safety, convenience and welfare, shall be liberally construed to effect their purpose.
2. Nothing contained in sections 2 to 8, inclusive, of this act, shall be construed as preventing the exercise of any power granted to either such county school district or any officer, agent or employee thereof, by any other law.
Sec. 9. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
________
Senate Bill No. 216Senators Swobe and Brown
CHAPTER 297
AN ACT relating to dentistry and dental hygiene; amending the Nevada Dental Act by defining and redefining certain words and terms; authorizing dentists to assign certain intraoral tasks to dental hygienists and assistants; specifying the manner in which rules and regulations of the board of dental examiners of Nevada are to be adopted; reducing certain license fees; changing the qualifications for licenses; exempting dentists and dental hygienists employed by the State of Nevada from the provisions of the Nevada Dental Act but governing their practice by regulation; 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. Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in this chapter, accredited means approved by the Council on Dental Education of the American Dental Association.
κ1971 Statutes of Nevada, Page 531 (CHAPTER 297, SB 216)κ
Sec. 3. 1. A licensed dentist may assign to a person in his employ who is a dental hygienist or dental assistant such intraoral tasks as may be permitted by a rule or regulation adopted by the board.
2. The performance of any such task shall be under the supervision of the licensed dentist who made the assignment.
3. No such assignment shall be permitted that requires:
(a) Diagnosis, treatment planning, prescribing of drugs or medicaments, or authorizing the use of restorative, prosthodontic or orthodontic appliances.
(b) Surgery on hard or soft tissues within the oral cavity or any other intraoral procedure that may contribute to or result in an irremediable alteration of the oral anatomy.
(c) Administration of general anesthetics other than by a registered nurse licensed to practice professional nursing pursuant to the provisions of chapter 632 of NRS and employed by the licensed dentist.
Sec. 4. The board shall adopt rules or regulations:
1. Specifying the intraoral tasks that may be assigned by a licensed dentist to a dental hygienist or dental assistant in his employ or that may be performed by a dental hygienist engaged in school health activities or employed by a public health agency.
2. Governing the practice of dentists and dental hygienists in full-time employment with the State of Nevada.
Sec. 5. All rules or regulations which the board is required or permitted to adopt pursuant to the provisions of this chapter shall be adopted in accordance with the provisions of chapter 233B of NRS (Nevada Administrative Procedure Act).
Sec. 6. NRS 631.030 is hereby amended to read as follows:
631.030 As used in this chapter, dental hygiene means [the treatment of human teeth by removing from the surface thereof calcareous deposits and stains, by removing accumulated accretions from directly beneath the normal free margin of the gums, and by polishing the exposed surface of the teeth; but nothing in this chapter shall be construed as affecting the practice of medicine or the practice of dentistry as provided by law.] the performance of prophylactic, preventive and other intraoral procedures that a dentist is authorized to assign to a dental hygienist in his employ.
Sec. 7. NRS 631.060 is hereby amended to read as follows:
631.060 Any person shall be guilty of illegal practice of dentistry who:
1. Shall sell or barter, or offer to sell or barter, any diploma or document conferring or purporting to confer any dental degree, or any certificate or transcript made or purporting to be made pursuant to the laws regulating the licensing and registration of dentists; or
2. Shall purchase or procure by barter any such diploma, certificate or transcript, with intent that the same shall be used as evidence of the holders qualifications to practice dentistry, or in fraud of the laws regulating such practice; or
3. Shall, with fraudulent intent, alter in a material regard any such diploma, certificate or transcript; or
4. Shall use or attempt to use any such diploma, certificate or transcript, which has been purchased, fraudulently issued, counterfeited or materially altered, either as a license or color of license to practice dentistry, or in order to procure registration as a dentist; or
κ1971 Statutes of Nevada, Page 532 (CHAPTER 297, SB 216)κ
materially altered, either as a license or color of license to practice dentistry, or in order to procure registration as a dentist; or
5. Shall practice dentistry under a false or assumed name; or
6. Shall assume the degree of Doctor of Dental Surgery or Doctor of Dental Medicine or shall append the letters D.D.S. or D.M.D. to his name, not having duly conferred upon him, by diploma from [a recognized] an accredited dental college or school legally empowered to confer the same, the right to assume such title; or shall assume any title or append any letters to his name with the intent to represent falsely that he has received a dental degree or license; or
7. Shall, as an applicant for examination, license or registration under this chapter, willfully make a false statement in a material regard in an affidavit required by this chapter; or
8. Shall, within 10 days after demand made by the secretary of the board, fail to furnish to the board the names and addresses of all persons practicing or assisting in the practice of dentistry in the office of the person at any time within 60 days prior to the notice, together with a sworn statement showing under and by what license or authority the person and his employee are and have been practicing dentistry, but the affidavit shall not be used as evidence against such person in any proceeding under this chapter; or
9. Shall practice dentistry in this state without a license; or
10. Shall aid or abet another in violating any of the provisions of this chapter.
Sec. 8. NRS 631.090 is hereby amended to read as follows:
631.090 1. Any person shall be deemed to be practicing dentistry who:
(a) Uses words or any letters or title in connection with his name which in any way represents him as engaged in the practice of dentistry, or any branch thereof; or
(b) Advertises or permits to be advertised by any medium that he can or will attempt to perform dental operations of any kind; or
(c) Shall diagnose, profess to diagnose or treat or profess to treat any of the diseases or lesions of the oral cavity, teeth, gums or the maxillary bones; or
(d) Shall extract teeth; or
(e) Shall correct malpositions of the teeth or jaws; or
(f) Shall take impressions; or
(g) Shall supply artificial teeth as substitutes for natural teeth; or
(h) Shall place in the mouth and adjust such substitutes; or
(i) Does any practice included in the clinical dental curricula of [recognized] accredited dental colleges; or
(j) Administers or prescribes such remedies, medicinal or otherwise, as shall be needed in the treatment of dental or oral diseases; or
(k) Shall use [an] X-ray radiation for dental treatment or dental diagnostic purposes.
2. Nothing in this section shall:
(a) Prevent a [qualified] dental assistant, dental hygienist or X-ray technician from making radiograms or X-ray exposures for diagnostic purposes only [.]
κ1971 Statutes of Nevada, Page 533 (CHAPTER 297, SB 216)κ
technician from making radiograms or X-ray exposures for diagnostic purposes only [.] upon the direction of a licensed dentist.
(b) Prohibit the performance of mechanical work, on inanimate objects only, by any person employed in or operating a dental laboratory upon the written work authorization of a licensed dentist.
(c) Prevent students from performing dental [operations under the supervision of competent instructors within a] procedures that are part of the curricula of an accredited dental school or college [or dental department of a university or college recognized by the board.] or an accredited school of dental hygiene or an accredited school of dental assisting.
(d) Prevent a licensed dentist from another state or country from appearing as a clinician for demonstrating certain methods of technical procedures before a dental society or organization, convention or dental college [.] or an accredited school of dental hygiene or an accredited school of dental assisting.
(e) Prevent a dental hygienist or dental assistant from performing such intraoral tasks as may be assigned by a licensed dentist employing him.
Sec. 9. NRS 631.130 is hereby amended to read as follows:
631.130 Members of the board shall:
1. Have been actual residents of Nevada and legally and ethically engaged in the practice of dentistry in this state for a period of 5 years at the time of appointment.
2. Be graduates of [a dental college recognized by the Council on Dental Education of the American Dental Association.
3. Not be employed by or interested in, financially or otherwise, any dental college, laboratory, institution or supply business.] accredited dental schools or colleges.
Sec. 10. NRS 631.140 is hereby amended to read as follows:
631.140 1. Two of the members of the board shall be from Washoe County. Two of the members of the board shall be from Clark County. Three of the members of the board shall be from the state at large, including Washoe County and Clark County. Each member shall be appointed by the governor for a term of 4 years, and until his successor is appointed and qualified.
2. [The members of the board in office on March 20, 1951, shall remain in office until their successors are appointed and qualified.
3.] Vacancies in the board shall be filled promptly by the governor. [within 30 days after such vacancy has been created.]
Sec. 11. NRS 631.210 is hereby amended to read as follows:
631.210 1. The fees which shall be charged by the board for the performance of the duties imposed upon it by this chapter shall be as follows:
Examination fee for license to practice dentistry......................................... $100
Examination fee for license to practice dental hygiene.............................. 75
[License] Biennial license renewal fee for dentists under age 65.......... 50
Biennial license renewal fee for dentists aged 65 or older..................... 10
[License] Biennial license renewal fee for dental hygienists................... 30 Dental specialist license............................................................. $100
κ1971 Statutes of Nevada, Page 534 (CHAPTER 297, SB 216)κ
Dental specialist license.................................................................................. $100
Reinstatement fee for forfeited dental hygiene or dental license.............. 100
Reinstatement fee for suspended dental license......................................... 100
Such other fees as may be authorized by law.
2. All fees shall be payable in advance and shall not be refunded.
Sec. 12. NRS 631.230 is hereby amended to read as follows:
631.230 Any person shall be eligible to take an examination for a license to practice dentistry in the State of Nevada who:
1. Is over the age of 21 years.
2. Is a citizen of the United States, or who has applied for citizenship.
3. Is a graduate of [a dental college recognized and endorsed by the board,] an accredited dental school or college, or who was licensed and practicing dentistry in another state or territory of the United States continuously for a period of 5 years immediately prior to the filing of his application.
4. Is of good moral character.
Sec. 13. NRS 631.240 is hereby amended to read as follows:
631.240 1. Any person desiring to obtain a license to practice dentistry in this state, after having complied with the rules and regulations of the board under its authority to determine eligibility, shall be entitled to an examination by the board, which examination shall be both theoretical and practical.
2. The theoretical examination shall be in writing [and shall include the following subjects: Anatomy, physiology, chemistry, materia medica and therapeutics, dental materials, dental histology and pathology, general pathology, operative and prosthetic dentistry, dental medicine, periodontia, treatment planning, roentgenology and dental jurisprudence.] upon such subjects as the board may choose. The board shall recognize a certificate granted by the National Board of Dental Examiners in lieu of such theoretical examination.
3. The practical examination shall [also] include clinical demonstrations of the applicants skill in [operative and prosthetic] dentistry.
4. All persons successfully passing such examination shall be registered as licensed dentists on the board register, as provided in this chapter, and shall also receive a certificate of such registration, which certificate shall be signed by the president and the secretary of the board.
Sec. 14. NRS 631.250 is hereby amended to read as follows:
631.250 1. The board is empowered to [establish higher standards for and make additional requirements of any licensee who announces or holds himself out to the public as a specialist or as being specially qualified in any particular branch of dentistry. The board may issue a certificate authorizing practice in any particular branch of dentistry to any licensee who has complied with the requirements established by the board for the particular branch of dentistry at the time of making application.] issue a specialty license authorizing a licensed dentist to announce, hold himself out and practice as a specialist in a special area of dentistry for which there is a certifying specialty board approved by the Council on Dental Education of the American Dental Association.
2. No licensee shall announce or hold himself out to the public as a specialist or [as being specially qualified in any particular branch of dentistry unless he has:
κ1971 Statutes of Nevada, Page 535 (CHAPTER 297, SB 216)κ
specialist or [as being specially qualified in any particular branch of dentistry unless he has:
(a) Been in the practice of dentistry for 3 years or more prior to making application for a certificate to practice as a specialist.
(b) Proven to the satisfaction of the board:
(1) That for a period of not less than 1 academic year he has pursued an intensive course of study in such branch of dentistry at a university, institution or college of dentistry recognized by the board; or
(2) That in the branch of dentistry to which he wishes to confine his practice he is a member in good standing of a national association, society of group of specialists which is recognized by the board.
(c) Complied with such other additional requirements as may be established by the board to show his fitness to practice in that specialty of dentistry.
3. The fact that any licensee shall announce by card, letterhead, or any other printed matter using such terms as specialist, practice limited to, or limited to specialty of with the name of such branch of dentistry practiced as a specialty, or shall use equivalent words or phrases to announce the same, shall be prima facie evidence that such licensee is practicing as a specialist.] practice as a specialist unless he has successfully completed the educational requirements currently specified for qualification in such special area by the certifying specialty board.
3. A licensed dentist who has successfully completed such educational requirements may commence specialty practice immediately in such special area without:
(a) Examination by the certifying specialty board.
(b) Certification as a diplomate of the certifying specialty board.
4. A dentist to whom a specialty license has been issued shall limit his practice to the specialty.
Sec. 15. NRS 631.270 is hereby amended to read as follows:
631.270 1. The board shall without examination grant a limited license to practice dentistry [or dental hygiene in this state to any graduate of a recognized dental school or school of dental hygiene endorsed by the board, and otherwise qualified in the following cases:
(a) Upon request of the state board of health, with the concurrence of the dental members thereof, to a dentist or dental hygienist to serve the health division of the department of health, welfare and rehabilitation in such institution or area and with such limited duties as may be defined in such request.
(b) Upon] in this state to any graduate of an accredited dental school, who is otherwise qualified, upon request of the governing board of any accredited hospital [to a dentist] for such graduate to serve as a dental interne in such institution, with such limited duties as may be defined in such request.
2. No such limited license shall be granted to any person whose license to practice dentistry [or dental hygiene] has been revoked or to whom a license has been refused.
3. Such limited license shall not permit the holder thereof to open an office for private practice or to receive compensation for the practice of dentistry except such salary as may be paid by the State of Nevada, its legal subdivision, or the institution by which he is employed.
κ1971 Statutes of Nevada, Page 536 (CHAPTER 297, SB 216)κ
4. Such limited license may be revoked by the board at any time, and shall expire by its own limitation 6 months after the date of its issuance, but may be renewed for a similar period at the discretion of the board.
Sec. 16. NRS 631.290 is hereby amended to read as follows:
631.290 Any person shall be eligible to take an examination for a license to practice dental hygiene in the State of Nevada who:
1. Is of good moral character.
2. Is over 18 years of age.
3. Is a citizen of the United States or who has applied for citizenship.
4. Is a [graduate of an accredited high school.] high school graduate.
5. Has successfully completed: [training in a school of dental hygiene approved by the board, or who has successfully completed 2 years training in a dental college or dental infirmary approved by the board.]
(a) Training in an accredited school of dental hygiene; or
(b) A training program conducted by a branch of the Armed Forces of the United States approved by the Council on Dental Education of the American Dental Association.
Sec. 17. NRS 631.300 is hereby amended to read as follows:
631.300 1. Any person desiring to obtain a license to practice dental hygiene, after having complied with the rules and regulations of the board under its authority to determine eligibility, shall be entitled to an examination by the board upon such subjects as the board may deem necessary, [which examination, however, shall include the following subjects: Elements of inorganic chemistry, physiology, anatomy, bacteriology, principles of nursing and hygiene, anesthesia, radiography, materia medica, dental histology,] and a practical examination in dental hygiene, including but not limited to the removal of deposits from, and the polishing of, the exposed surface of the teeth.
2. The examination shall be:
(a) Written, oral or a combination of both; and
(b) Practical, as in the opinion of the board will be necessary to test the qualifications of the applicant.
3. In lieu of the written examination or oral examination or combination of both required by subsection 2, the board shall recognize a certificate from the National Board of Dental Examiners.
Sec. 18. NRS 631.310 is hereby amended to read as follows:
631.310 1. The holder of a license or current renewal certificate to practice dental hygiene shall have the right to be employed to practice dental hygiene in this state in the following places only:
(a) In the office of any [duly] licensed dentist.
(b) In a clinic or in clinics in the public schools of this state as an employee of the health division of the department of health, welfare and rehabilitation.
(c) In a clinic or in clinics in a state institution as an employee of the institution.
(d) In a clinic established by a hospital approved by the board as an employee of the hospital where service is rendered only to patients of such hospital, and under the direct supervision of a member of the dental staff.
κ1971 Statutes of Nevada, Page 537 (CHAPTER 297, SB 216)κ
(e) In an accredited school of dental hygiene.
2. A dental hygienist in private practice shall practice only under the [direct] supervision of a dentist licensed in the State of Nevada. [No dentist in private practice shall employ more than two dental hygienists at the same time.]
Sec. 19. NRS 631.320 is hereby amended to read as follows:
631.320 1. Any person [duly] licensed to practice dentistry in this state shall, before engaging in the practice of dentistry, and within 6 months from the date of its issue, cause such certificate to be registered in the office of the clerk of the county or counties in which such person desires to engage in practice. Should such dentist remove to another county, he shall register his certificate in the clerks office of such county before engaging in practice in that county.
2. [The fee shall be 25 cents for such registration.
3.] The failure of any such person to so register his certificate, as provided in this section, shall work a forfeiture of the certificate, and the same shall not be reinstated except upon the payment to the board of the sum provided in this chapter.
Sec. 20. NRS 631.390 is hereby amended to read as follows:
631.390 [Nothing] Except as provided in subsection 2 of section 4 of this act, nothing in this chapter shall apply to:
1. A legally qualified physician or surgeon unless he practices dentistry as a specialty.
2. A [dental surgeon] dentist or dental hygienist of the United States Army, Navy, Air Force, Public Health Service, Coast Guard or Veterans Administration in the discharge of his official duty.
3. A dentist or dental hygienist in full-time employment with the State of Nevada.
________
Assembly Bill No. 464Committee on Judiciary
CHAPTER 298
AN ACT relating to district court clerks; permitting clerks to file matters in fee books, and issue receipts by case number; making entry in the register of actions of proceedings from other court systems permissive rather than mandatory; 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 3.270 is hereby amended to read as follows:
3.270 1. The clerk of a district court shall give a receipt on demand of any party paying a fee. The receipt shall specify the title or the case number of the cause in which the fee is paid and the date and the amount of the payment.
2. The several clerks of the district courts shall, on or before the 5th day of each month, pay over to the county treasurer all moneys received by them during the preceding month for court fees together with a brief note of the cases in which the same were received.
κ1971 Statutes of Nevada, Page 538 (CHAPTER 298, AB 464)κ
Sec. 2. NRS 3.280 is hereby amended to read as follows:
3.280 1. The clerk shall keep among the records of the court a register of actions. He shall enter therein the title of the action, if in district court, and he may enter therein the title of the action in any other court, with brief notes under it, from time to time, of all papers filed and proceedings had therein.
2. For an alternate method of maintaining the register-of-actions record provided in subsection 1, the clerk of the district court may maintain an effective register of actions by means of photographing, microphotographing or mechanically or electronically storing the whole of all papers and records, necessary to the keeping of a register of actions, so long as the following control criteria of public record keeping is extant:
(a) The completeness and chronological sequence of registry are not disturbed;
(b) All such reproductions are placed in convenient and accessible files;
(c) Provisions are made for preserving, examining and using such files; and
(d) The initial register of actions in book or loose-leaf-book form is maintained for the purpose of assuring the commencement of actions serially, entering plaintiff, defendant, intervenor or applicant, or the parties in ex rel, in the title together with attorneys of record in each case, and entering thereafter under each case only such documents by notation as have filing fees required to be paid or notation of waiver of the fees.
This subsection shall not be construed to be inconsistent with the laws, rules or district judges orders pertaining to control and custody of district court records.
Sec. 3. NRS 19.080 is hereby amended to read as follows:
19.080 Each county clerk shall keep in his office, open to public inspection, a fee book in which he shall enter in detail the fees charged with the title or the case number of the matter, proceeding or action in which they were charged.
________
Assembly Bill No. 500Committee on Health and Welfare
CHAPTER 299
AN ACT relating to orphans and dependent children; providing for the payment of costs of maintenance by counties; requiring public school districts to provide education for all such children; permitting attendance at private schools; allowing the superintendent of the Nevada state childrens home to consent to medical treatment and to refuse admission when facilities and funds are unavailable; 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 423.160 is hereby amended to read as follows:
423.160 1. Upon the written, verified application of any citizen of the State of Nevada, in behalf of any whole orphan, to the district judge of any county, the district judge, sitting either in chambers or as a court, shall issue a citation to be served, respected and enforced as are other judicial writs, commanding the applicant to appear before him at a time and place to be specified, not less than 5 days thereafter, and make proof concerning the matter set forth in the application.
κ1971 Statutes of Nevada, Page 539 (CHAPTER 299, AB 500)κ
shall issue a citation to be served, respected and enforced as are other judicial writs, commanding the applicant to appear before him at a time and place to be specified, not less than 5 days thereafter, and make proof concerning the matter set forth in the application. The judge may, in his discretion, shorten the time. A notice of the hearing shall be given in like manner to the nearest relation of the orphan, resident in the state. At the same time the judge shall cite the person having the control or custody of the orphan to bring him before the judge on the date of the hearing. On the written application of the nearest relation of any such whole orphan, the notice and citation precedent to the hearing may, in the discretion of the judge, be omitted.
2. The application shall:
(a) Show such orphan to be the child of parents either or both of whom, at the time of decease, were resident citizens of the State of Nevada; and
(b) Show that the condition of the orphan is such that it would be for his best interests to be admitted to the Nevada state childrens home; and
(c) Give the name and place of residence of the nearest relation of the orphan, resident in the State of Nevada.
3. On the day of the hearing the judge or court shall examine into the matter of the application, and may hear evidence, and require witnesses to be produced before him. The judge or court shall examine the orphan separately and apart from all persons, but any whole orphan under the age of 10 years need not be brought before the judge or court on the day of the hearing. If the judge or court determines that it is for the best interests of such orphan and of the state that he shall be admitted to the privileges of the Nevada state childrens home, he shall make an order to that effect and direct the sheriff or some other suitable person to convey, or have conveyed, the orphan to the Nevada state childrens home, accompanied by a copy of the order of the court, and delivered to the superintendent.
4. The county from which the orphan was admitted shall pay to the superintendent the sum of $50 monthly for the care and support of each such orphan.
5. The expenses of the proceedings provided for in this section and of the transportation of orphans to the Nevada state childrens home shall be a county charge.
Sec. 2. NRS 423.220 is hereby amended to read as follows:
423.220 1. Except as provided in subsection 2, children residing at the Nevada state childrens home shall attend the public schools of the Carson City School District, and shall be entitled to receive therein the full attention, protection and instruction accorded to any other children.
2. The superintendent may, at the request of the parent or parents, allow any child residing at the Nevada state childrens home to attend parochial or private schools in Carson City and counties adjoining thereto, at no expense to the State of Nevada.
3. Except as provided in subsection 4, children residing at the Southern Nevada childrens home shall attend public schools of the Clark County School District, and shall be entitled to receive therein the full attention, protection and instruction accorded to any other children.
κ1971 Statutes of Nevada, Page 540 (CHAPTER 299, AB 500)κ
4. The superintendent may, at the request of the parent or parents, allow any child residing at the Southern Nevada childrens home to attend parochial or private schools in Clark County, at no expense to the State of Nevada.
Sec. 3. Chapter 423 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. The superintendent, or any person authorized by him, may consent to the medical or surgical treatment of any child admitted to the Nevada state childrens home or the Southern Nevada childrens home.
Sec. 5. The superintendent may refuse admission of any child to the Nevada state childrens home or the Southern Nevada childrens home if there are no adequate facilities available to provide the necessary care or there are not adequate funds available for the support of such homes.
________
Assembly Bill No. 502Mr. Dini
CHAPTER 300
AN ACT relating to mining health and safety; placing deputy inspectors of mines in the classified service of the state; repealing certain statutes relating to mining health and safety the substance of which is included in standards constituting a state plan within the meaning of the Federal Metal and Nonmetallic Mine Safety Act; providing penalties; 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 512.110 is hereby amended to read as follows:
512.110 1. [The inspector of mines shall have the power to appoint two deputy inspectors to assist in the performance of the duties of the inspector of mines.
2. Each deputy inspector of mines shall have had at least 7 years actual experience in underground workings, and shall make his affidavit before a proper officer to that effect before he shall be qualified to act as a deputy inspector of mines.
3. Deputy inspectors of mines shall receive such salaries as are provided under the provisions of chapter 284 of NRS, and they shall be allowed their traveling expenses while in the discharge of their duties.] Within the limits of legislative appropriations, the inspector of mines has the power to appoint deputy inspectors to assist in the performance of the duties of the inspector of mines.
2. Deputy inspectors of mines shall be in the classified service of the state and they shall receive:
(a) Salaries fixed pursuant to the provisions of chapter 284 of NRS.
(b) Per diem allowances and traveling expenses fixed by law.
Sec. 2. NRS 512.270 is hereby amended to read as follows:
512.270 1. Any owner, agent, manager or lessee, whether an individual, partnership or corporation, operating a mine or mineworkings in this state, or any workman or other employee thereof, who fails to comply with, or violates any provision of any standard constituting a part of the state plan agreement between the United States Department of the Interior and the State of Nevada pursuant to the Federal Metal and Nonmetallic Mine Safety Act (Public Law 89-577, 30 U.S.C.
κ1971 Statutes of Nevada, Page 541 (CHAPTER 300, AB 502)κ
in this state, or any workman or other employee thereof, who fails to comply with, or violates any provision of any standard constituting a part of the state plan agreement between the United States Department of the Interior and the State of Nevada pursuant to the Federal Metal and Nonmetallic Mine Safety Act (Public Law 89-577, 30 U.S.C. §§ 721-740) or this chapter shall be guilty of a misdemeanor.
2. Each separate provision not complied with and each day after conviction of failure to comply with any such standard or provision of this chapter shall be a separate offense and punished accordingly.
Sec. 3. NRS 512.240, chapter 518 of NRS, 618.330, 618.340 and chapter 626 of NRS are hereby repealed.
Sec. 4. This act shall become effective on the day the state plan agreement between the United States Department of the Interior and the State of Nevada pursuant to the Federal Metal and Nonmetallic Mine Safety Act (Public Law 89-577, 30 U.S.C. §§ 721-740) becomes effective.
________
Assembly Bill No. 511Mr. Bryan
CHAPTER 301
AN ACT relating to gaming control; clarifying the police power of the Nevada gaming commission and the state gaming control board.
[Approved April 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.140 is hereby amended to read as follows:
463.140 1. The provisions of this chapter with respect to state gaming licenses and manufacturers, sellers and distributors licenses shall be administered by the state gaming control board and the Nevada gaming commission, which are hereby charged with administering the same for the protection of the public and in the public interest in accordance with the policy of this state.
2. The board shall investigate the qualifications of each applicant for licenses under this chapter before any license is issued and shall continue to observe the conduct of all licensees to the end that licenses shall not be issued to nor held by unqualified or disqualified persons or unsuitable persons or persons whose operations are conducted in an unsuitable manner or for unsuitable or prohibited places or locations. The board shall have full and absolute power and authority to recommend the denial of any application for license, or the limitation, conditioning or restriction of such license or the suspension or revocation of any license, for any cause deemed reasonable by the board. The commission shall have full and absolute power and authority to deny any application for license, or to limit, condition, restrict, revoke or suspend any license, for any cause deemed reasonable by the commission.
3. The board and the commission and their agents, inspectors and employees have the authority:
κ1971 Statutes of Nevada, Page 542 (CHAPTER 301, AB 511)κ
(a) To inspect and examine all premises wherein gaming is conducted or gambling devices or equipment are manufactured, sold or distributed.
(b) To inspect all equipment and supplies in, upon or about such premises.
(c) Summarily to seize and remove from such premises and impound any such equipment or supplies for the purpose of examination and inspection.
(d) To demand access to and inspect, examine and audit all papers, books and records of applicants and licensees respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy of or any of the provisions of this chapter.
4. For the purpose of the administration of [this chapter] chapters 463, 464 and 465 of NRS, the board, the commission and [their agents, inspectors and employees] the executive, supervisory and investigative personnel of both the board and the commission shall be invested with the powers of a peace officer of the State of Nevada.
5. The board and the commission or any member thereof shall each have full power and authority to issue subpenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The board or the commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the board or commission shall be guilty of perjury.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 633Committee on Ways and Means
CHAPTER 302
AN ACT creating the services to the blind division rehabilitation services revolving fund; specifying the uses of the moneys therein; 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. Chapter 426 of NRS is hereby amended by adding thereto a section which shall immediately follow NRS 426.675 and shall read as follows:
1. There is hereby created a services to the blind division rehabilitation services revolving fund, in the amount of $5,000, which shall be used, under procedures established by the division, for the purposes of payment of:
(a) The claims of clients and vendors, including maintenance, transportation and other rehabilitation services; and
(b) Vending stand repairs and other similar expenses associated with the establishment and operation of vending stands.
κ1971 Statutes of Nevada, Page 543 (CHAPTER 302, AB 633)κ
2. Upon written request from the supervisor of the division, the state controller is authorized and directed to draw his warrant from funds already appropriated in favor of the supervisor of the division in the sum of $5,000, and upon presentation of the same to the state treasurer, the state treasurer is authorized and directed to pay the same from the general fund in the state treasury. The supervisor of the division shall deposit the money in the services to the blind division rehabilitation services revolving fund in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS, and the deposit shall be secured by a depository bond satisfactory to the state board of examiners.
3. Purchases authorized under subsection 1 shall be exempt from the provisions of chapter 333 of NRS.
4. After expenditure of money from the services to the blind division rehabilitation services revolving fund, the supervisor of the division shall present a claim to the state board of examiners to be passed upon as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant in the amount of such claim in favor of the services to the blind division rehabilitation services revolving fund and the state treasurer shall pay the same. Such receipts shall be deposited forthwith in the services to the blind rehabilitation services revolving fund.
________
Assembly Bill No. 489Committee on Health and Welfare
CHAPTER 303
AN ACT relating to children; creating the governors advisory council on children and youth; making an appropriation; 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. Title 18 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. This chapter may be cited as the Governors Council on Youth Act.
Sec. 3. As used in this chapter:
1. Children means persons not having attained 21 years of age.
2. Council means the governors advisory council on children and youth.
Sec. 4. 1. There is hereby established the governors advisory council on children and youth.
2. The membership of the council shall consist of:
(a) The governor.
(b) The director of the department of health, welfare and rehabilitation.
(c) The superintendent of public instruction.
(d) The governors youth coordinator.
κ1971 Statutes of Nevada, Page 544 (CHAPTER 303, AB 489)κ
(e) Not less than 15 nor more than 21 citizens, appointed by the governor, one-third of whom shall be between the ages of 15 and 21, who have a particular interest in the care, welfare and well-being of children.
Sec. 5. 1. The citizen members of the council shall serve for a term of 4 years, with one-half of the appointments expiring every 2 years on the 1st day of July in the odd-numbered year, and until their successors are appointed.
2. Eight of the citizen members, including three members between 15 and 21 years of age, first to be appointed shall serve for 2-year terms, and the remaining members shall serve 4-year terms.
3. The governor shall appoint the chairman of the council.
4. Vacancies shall be filled by appointment by the governor.
Sec. 6. The council shall:
1. Study the needs of all children and assist in planning for the improvement and most effective use of voluntary and tax-supported programs at the state and local levels.
2. Study programs for children in Nevada and in other states, and make reports and advise public and private bodies throughout the state on matters relevant to the protection, growth and development of children.
3. Assist in the coordination of the various administrative responsibilities and services of state departments and programs as they relate to the well-being of children.
4. Make recommendations on needed legislative action on behalf of children.
5. Promote adequate educational services and training programs for children, including exceptional children, in all parts of the state.
6. Promote social service and vocational guidance, training and placement for all children who require them, including exceptional children and those youth who leave school prior to high school graduation, and promote adequate special facilities for children maladjusted to their home surroundings.
7. Promote adequate provisions throughout the state for diagnosis and treatment of children who may require special medical services.
8. Publish such pamphlets and other material as it deems necessary or desirable concerning the work of the council and make an appropriate charge therefor.
Sec. 7. The council may receive donations and grants intended to promote the work of the council, and shall hold all such grants and donations in trust for the designated purpose.
Sec. 8. 1. Members of the council shall serve without compensation.
2. The council shall meet at least three times each year and shall have the authority to reimburse members for such necessary travel expenses as may be incurred in the performance of their duties, pursuant to NRS 281.160.
Sec. 9. There is hereby appropriated from the general fund in the state treasury to the governors advisory council:
1. The sum of $1,500 for the fiscal year ending June 30, 1972.
2. The sum of $1,500 for the fiscal year ending June 30, 1973.
________
κ1971 Statutes of Nevada, Page 545κ
Senate Bill No. 489Senators Close and Swobe
CHAPTER 304
AN ACT relating to the escheat of postal savings system accounts; declaring escheats; requiring that information on such accounts be obtained; establishing a procedure to adjudicate escheats; providing for notice, the collection and deposit of funds and the indemnification of the United States; 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. Chapter 40 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. Sections 2 to 8, inclusive, of this act may be cited as the Escheat of Postal Savings System Accounts Act.
Sec. 3. All Postal Savings System accounts created by the deposits of persons whose last-known addresses are in this state which have not been claimed by the persons entitled thereto before May 1, 1971, are presumed to have been abandoned by their owners and are declared to escheat and become the property of this state.
Sec. 4. 1. The director of the department of administration shall request from the Bureau of Accounts of the United States Department of the Treasury records providing the following information:
(a) The names of depositors at the post offices of this state whose accounts are unclaimed;
(b) Their last addresses as shown by the records of the Post Office Department; and
(c) The balance in each account.
2. The director of the department of administration shall agree to return to the Bureau of Accounts promptly all account cards showing last addresses in another state.
Sec. 5. The director of the department of administration may bring proceedings in the district court in and for Carson City to escheat unclaimed Postal Savings System accounts held by the United States Department of the Treasury. A single proceeding may be used to escheat as many accounts as may be available for escheat at one time.
Sec. 6. The director of the department of administration shall notify depositors whose accounts are to be escheated as follows:
1. A letter advising that a Postal Savings System account in the name of the addressee is about to be escheated and setting forth the procedure by which a deposit may be claimed shall be mailed by first class mail to the named depositor at the last address shown on the account records for each account to be escheated having an unpaid principal balance of more than $25.
2. A general notice of intention to escheat Postal Savings System accounts shall be published once in each of 3 successive weeks in one or more newspapers which combine to provide general circulation throughout this state.
κ1971 Statutes of Nevada, Page 546 (CHAPTER 304, SB 489)κ
3. A special notice of intention to escheat the unclaimed Postal Savings System accounts originally deposited in each post office must be published once in each of 3 successive weeks in a newspaper published in the county in which the post office is located or, if there is none, in a newspaper having general circulation in the county. This notice must list the names of the owners of each unclaimed account to be escheated having a principal balance of $3 or more.
Sec. 7. The director of the department of administration shall present a copy of each final judgment of escheat to the United States Department of the Treasury for payment of the principal due and the interest computed under regulations of the United States Department of the Treasury. The payment received shall be deposited in the general fund in the state treasury.
Sec. 8. This state shall indemnify the United States for any losses suffered as a result of the escheat of unclaimed Postal Savings System accounts. The burden of the indemnification falls upon the general fund in the state treasury into which the proceeds of the escheated accounts have been paid.
Sec. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 370Mr. Dreyer
CHAPTER 305
AN ACT relating to drivers licenses; removing an ambiguity in the provision prohibiting the licensing of certain persons; prohibiting the issuance of a drivers license to certain persons addicted to dangerous drugs; 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 483.250 is hereby amended to read as follows:
483.250 The department shall not issue any license under the provisions of NRS 483.010 to 483.630, inclusive:
1. To any person who is under the age of 16 years, except that the department may issue:
(a) A restricted license to a person between the ages of 14 and 16 years pursuant to the provisions of NRS 483.270.
(b) An instruction permit to a person who is at least 151/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.
(c) A restricted instruction permit to a person under the age of 16 years pursuant to the provisions of subsection 3 of NRS 483.280.
2. To any person whose license has been revoked until the expiration of the period for which such license was revoked. [nor to]
3. To any person whose license has been suspended; but, upon good cause shown to the administrator, the department may issue a restricted license to such person or shorten any period of suspension.
κ1971 Statutes of Nevada, Page 547 (CHAPTER 305, AB 370)κ
[3.] 4. To any person who is an habitual drunkard or is addicted to the use of narcotic drugs [.] or dangerous drugs.
[4.] 5. To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law.
[5.] 6. To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless such person has successfully passed such examination.
[6.] 7. To any person when the administrator has good cause to believe that such person by reason of physical or mental disability would not be able to drive a motor vehicle with safety upon the highways.
[7.] 8. To any person when the administrator has good reason to believe that the driving of a motor vehicle on the highways by such person would be inimical to public safety or welfare. Two or more convictions of driving while under the influence of intoxicating liquors or of stimulating or stupefying drugs shall be sufficient evidence of conduct inimical to the public welfare, and the administrator shall refuse to issue or renew a license for a person so convicted until it is proven to the reasonable satisfaction of the administrator that such issuance or renewal is not opposed to the public interest.
[8.] 9. To any person who is not a resident of this state.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 174Senators Lamb and Herr
CHAPTER 306
AN ACT relating to the public employees retirement system; providing for the inclusion of all mayors in the system; 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 286.470 is hereby amended to read as follows:
286.470 1. Notwithstanding the provisions of NRS 286.320, service as a commissioner of a county participating in the system, or as a councilman or mayor of an incorporated city participating in the system, shall be service to be credited for retirement under this chapter and service credit shall be granted for the entire tenure of office, provided:
(a) That the average monthly salary of a member applying for retirement, including, as any part of his total service, service in the foregoing capacities, shall be calculated upon the basis of all sums earned in covered employment throughout the total service of the individual. When service in any of the foregoing capacities shall be in excess of 3 consecutive years, the salary for the entire service in such capacity shall be deemed to be the average salary received in the 3 highest salaried consecutive years.
κ1971 Statutes of Nevada, Page 548 (CHAPTER 306, SB 174)κ
(b) That service in any of the foregoing capacities [, prior to July 1, 1955,] cannot be credited for retirement until the individual member and the public employer have paid to the public employees retirement fund and the public employees retirement administrative fund such sums as would have been paid by the individual and the public employer on behalf of the individual, had membership in the system been granted since July 1, 1948, or such date as the county or incorporated city may have entered the system. If the public employer fails or refuses to pay its share of the sums due under this paragraph, the individual member may pay the public employers share as well as his own share of such sums. He shall be granted the same privileges of payment under the same conditions applicable to the repayment of previously withdrawn contributions by other members of the system. A person who, while a mayor of an incorporated city participating in the system, was by law excluded from membership in the system may, after the effective date of this act, reinstate such service as mayor whether or not he is holding office as mayor on the effective date of this act.
2. Current contributions shall be paid [from and after July 1, 1955,] by persons in the foregoing capacities in a manner to be prescribed by the board.
3. Members of the system who have served in the foregoing capacities and who have reached retirement age may waive service in such capacities, at their election, at the time of retirement and elect to have their allowances computed in the same manner as those of other members of the system and under the same provisions as are applicable to other members of the system.
4. The provisions of this chapter and the rules and regulations of the board, when not contradictory to the provisions of this section, shall apply equally to persons in the foregoing capacities.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 340Messrs. Bryan and Schofield
CHAPTER 307
AN ACT removing age restrictions for the admission of certain handicapped minors to special schools or classes established by school districts.
[Approved April 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 388.490 is hereby amended to read as follows:
388.490 1. [Physically] Except as provided in subsection 2, physically handicapped or mentally retarded minors may be admitted at the age of 3 years to special schools or classes established for such minors, and their attendance shall be counted for apportionment purposes as if they were already 6 years of age.
κ1971 Statutes of Nevada, Page 549 (CHAPTER 307, AB 340)κ
2. Aurally handicapped minors may be admitted at any age to special schools or classes established for such minors, and their attendance shall be counted for apportionment purposes as if they were already 6 years of age.
________
Senate Bill No. 608Committee on Education
CHAPTER 308
AN ACT relating to public school teachers and other personnel; changing qualifications of a superintendent of schools of a school district; removing the requirement of delivery of school registers to boards of trustees; authorizing teachers to be excused from conferences by school district superintendents; 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 391.110 is hereby amended to read as follows:
391.110 1. The board of trustees of a school district is authorized to:
(a) Employ any person regularly certificated to serve as the superintendent of schools of the school district. In school districts having 7,000 or more students, the superintendent of schools shall hold at least a masters degree in school administration or education.
(b) Define his powers and fix his duties.
(c) Fix his salary.
2. No superintendent of schools shall be employed for more than a term of 1 year unless he shall have first served 2 years satisfactorily in the school district. If he has served 2 years satisfactorily in the school district as a certificated teacher or administrator he may be employed for a term of not to exceed 4 years.
3. A superintendent of schools may be dismissed at any time for cause.
4. A superintendent of schools is authorized to administer:
(a) Teachers oaths or affirmations of office.
(b) All other oaths or affirmations relating to public schools.
Sec. 2. NRS 391.240 is hereby amended to read as follows:
391.240 [1.] Each teacher in the public schools shall:
[(a)] 1. Keep a true, full and correct record of all pupils attending such school in accordance with the registers prescribed by the superintendent of public instruction.
[(b)] 2. Make other reports of such records at such times and to such school officers as the superintendent of public instruction shall designate.
[2. All school registers shall be delivered to the board of trustees at the close of every school term.]
Sec. 3. NRS 391.280 is hereby amended to read as follows:
391.280 All teachers, without loss of salary for the time employed, shall be required to attend the teachers conferences held in the educational supervision district in which they may be teaching, unless they shall be excused for good cause by the superintendent of [public instruction.]
κ1971 Statutes of Nevada, Page 550 (CHAPTER 308, SB 608)κ
supervision district in which they may be teaching, unless they shall be excused for good cause by the superintendent of [public instruction.] schools in the school district in which they are employed.
________
Assembly Bill No. 478Mr. Torvinen
CHAPTER 309
AN ACT amending the Uniform Commercial Code by adding any unauthorized endorsement to the category of items which a customer must report to a bank within 1 year after receiving his statement.
[Approved April 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 104.4406 is hereby amended to read as follows:
104.4406 1. When a bank sends to its customer a statement of account accompanied by items paid in good faith in support of the debit entries or holds the statement and items pursuant to a request or instructions of its customer or otherwise in a reasonable manner makes the statement and items available to the customer, the customer must exercise reasonable care and promptness to examine the statement and items to discover his unauthorized signature or any alteration on an item and must notify the bank promptly after discovery thereof.
2. If the bank establishes that the customer failed with respect to an item to comply with the duties imposed on the customer by subsection 1 the customer is precluded from asserting against the bank:
(a) His unauthorized signature or any alteration on the item if the bank also establishes that it suffered a loss by reason of such failure; and
(b) An unauthorized signature or alteration by the same wrongdoer on any other item paid in good faith by the bank after the first item and statement was available to the customer for a reasonable period not exceeding 14 calendar days and before the bank receives notification from the customer of any such unauthorized signature or alteration.
3. The preclusion under subsection 2 does not apply if the customer establishes lack of ordinary care on the part of the bank in paying the item(s).
4. Without regard to care or lack of care of either the customer or the bank a customer who does not within 1 year from the time the statement and items are made available to the customer (subsection 1) discover and report his unauthorized signature or any alteration on the face or back of the item, or any unauthorized endorsement, and if the bank so requests exhibit the item to the bank for inspection, is precluded from asserting against the bank such unauthorized signature or endorsement or such alteration.
5. If under this section a payor bank has a valid defense against a claim of a customer upon or resulting from payment of an item and waives or fails upon request to assert the defense the bank may not assert against any collecting bank or other prior party presenting or transferring the item a claim based upon the unauthorized signature or alteration giving rise to the customers claim.
κ1971 Statutes of Nevada, Page 551 (CHAPTER 309, AB 478)κ
against any collecting bank or other prior party presenting or transferring the item a claim based upon the unauthorized signature or alteration giving rise to the customers claim.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 429Committee on Federal, State and Local Governments
CHAPTER 310
AN ACT to amend an act 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, as amended.
[Approved April 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 109 of Article XVIII of the above-entitled act, being chapter 240, Statutes of Nevada 1965, as amended by chapter 258, Statutes of Nevada 1967, at page 758.
Section 109. Sale, lease, exchange of city-owned land: Procedure; disposition of proceeds.
1. Subject to the provisions of this section, the [power heretofore granted to the city by the legislature to sell, lease or exchange real property by the provisions of chapter 271, Statutes of Nevada 1957, chapter 3, Statutes of Nevada 1959, and chapter 202, Statutes of Nevada 1963, is hereby continued with respect to real property in Clark County, Nevada, heretofore or hereafter acquired by the city by patent from the United States of America pursuant to federal law and not required by the city for governmental purposes.
2. It shall be the policy of the council to lease, sell and exchange such real property owned by the city in a manner that will result in the maximum benefit accruing to the city from such leases, sales and exchanges.
3. The city shall sell, lease or exchange real property only by resolution. No lease for a term of 3 years or longer, sale or exchange of real property belonging to the city shall be made until after it has been appraised by three disinterested appraisers employed by the council.
4. Leases for terms of 3 years or longer, sales and exchanges of city-owned real property shall only be made at or above the current appraised fair market value as determined by the appraisal required by subsection 3.
κ1971 Statutes of Nevada, Page 552 (CHAPTER 310, SB 429)κ
Leases for terms of less than 3 years may be made without an appraisal required by subsection 3 after adoption of a resolution by the council. The council may attach any conditions to the sale, lease or exchange of real property owned by the city as may appear to the council to be in the best interest of the city.
5. Following the adoption of a resolution by the council proposing to sell, lease for a term of 3 years or longer or exchange certain real property as required by subsection 3, the council shall cause a notice of the councils 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 and published in the city, if any there be, otherwise in some qualified newspaper published in Clark County and having a general circulation in the city. The notice shall be published at least 30 days prior to the date set by the 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 council may desire.
6. The council is authorized to sell unimproved real property owned by the city on a time payment basis. The down payment shall be in an amount determined by the council and the interest rate shall be in an amount determined by the council but shall not be less than 6 percent per annum on the declining balance.
7. Notwithstanding the provisions of this section, the council may dispose of any real property belonging to the city to the United States of America, the State of Nevada, Clark County or any other political subdivision of the state at a nominal consideration whenever the public interest requires such a disposition.] 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.
κ1971 Statutes of Nevada, Page 553 (CHAPTER 310, SB 429)κ
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.
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 or 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, of administration of the land fund and the land within the city; and
(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 [.]
κ1971 Statutes of Nevada, Page 554 (CHAPTER 310, SB 429)κ
by an emergency loan effected pursuant to the provisions of NRS 354.410 to 354.460, inclusive [.] as amended from time to time.
________
Senate Bill No. 287Committee on Ecology
CHAPTER 311
AN ACT providing for the regulation of the location, operation and maintenance of utility generation and transmission facilities to promote reliable, abundant and economical utility services with due regard for the preservation and enhancement of the environment and conservation of scenic, historic, recreational and other natural resources; 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. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.
Sec. 2. Sections 2 to 17, inclusive, of this act shall be known and may be cited as the Utility Environmental Protection Act.
Sec. 3. 1. The legislature hereby finds and declares that:
(a) There is at present and will continue to be a growing need for electric, gas, telephone, telegraph, water and CATV utility services which will require the construction of new facilities. It is recognized that such facilities cannot be built without in some way affecting the physical environment where such facilities are located.
(b) It is essential in the public interest to minimize any adverse effect upon the environment and upon the quality of life of the people of the state which such new facilities might cause.
(c) Present laws and practices relating to the location of such utility facilities should be strengthened to protect environmental values and to take into account the total cost to society of such facilities.
(d) Existing provisions of law may not provide adequate opportunity for individuals, groups interested in conservation and the protection of the environment, state and regional agencies, local governments and other public bodies to participate in any and all proceedings before the public service commission of Nevada regarding the location and construction of major facilities.
2. The legislature, therefore, hereby declares that it is the purpose of sections 2 to 17, inclusive, of this act to provide a forum for the expeditious resolution of all matters concerning the location and construction of electric, gas, telephone, telegraph, water and CATV transmission lines and associated facilities.
Sec. 4. As used in sections 2 to 17, inclusive, of this act, the words and terms defined in sections 5 to 10, inclusive, of this act have the meanings ascribed to them in sections 5 to 10, inclusive, of this act, unless the context otherwise requires.
Sec. 5. Commission means the public service commission of Nevada.
κ1971 Statutes of Nevada, Page 555 (CHAPTER 311, SB 287)κ
Sec. 6. Commence to construct means any clearing of land, excavation or other action which would adversely affect the natural environment of the site or route of a utility facility, but does not include changes needed for temporary use of sites or routes for nonutility purposes, or uses in securing geological data, including necessary borings to ascertain foundation conditions.
Sec. 7. Local government means any county, municipality, district, agency or other unit of local government.
Sec. 8. Person includes any individual, group, firm, partnership, corporation, cooperative, association, government subdivision, government agency, local government or other organization.
Sec. 9. Public utility or utility includes those public utilities as defined in NRS 704.020, any oil pipeline carrier as described and regulated under chapter 708 of NRS, and any CATV company as defined in NRS 711.030.
Sec. 10. Utility facility means:
1. Electric generating plants and their associated facilities;
2. Electric transmission lines and their associated facilities of a designed capacity of 60 kilovolts or more, and not subject to undergrounding by local ordinances when constructed outside any incorporated city;
3. Gas transmission lines, storage plants, compressor stations and their associated facilities when constructed outside any incorporated city;
4. Telephone, telegraph and CATV equipment buildings, their associated facilities and the sites thereof;
5. Water storage and transmission facilities; and
6. Sewer transmission and treatment facilities.
Sec. 11. 1. No public utility shall after July 1, 1971, commence to construct a utility facility in the state without first having obtained a permit therefor from the commission. The replacement of an existing facility with a like facility, as determined by the commission, shall not constitute construction of a utility facility. Any facility, with respect to which a permit is required, shall thereafter be constructed, operated and maintained in conformity with such permit and any terms, conditions and modifications contained therein. A permit may only be issued pursuant to sections 2 to 17, inclusive, of this act; but any authorization relating to a utility facility granted under other laws administered by the commission shall constitute a permit under such sections if the requirements of such sections have been complied with in the proceedings leading to the granting of such authorization.
2. A permit may be transferred, subject to the approval of the commission, to a public utility who agrees to comply with the terms, conditions and modifications contained therein.
3. Sections 2 to 17, inclusive, of this act do not apply to any utility facility:
(a) For which, prior to July 1, 1971, an application for the approval of such facility has been made to any federal, state, regional or local governmental agency which possesses the jurisdiction to consider the matters prescribed for finding and determination in subsection 1 of section 15 of this act;
(b) For which, prior to July 1, 1971, a governmental agency has approved the construction of such facility and such utility has incurred indebtedness to finance all or part of the cost of such construction; or
κ1971 Statutes of Nevada, Page 556 (CHAPTER 311, SB 287)κ
approved the construction of such facility and such utility has incurred indebtedness to finance all or part of the cost of such construction; or
(c) Over which an agency of the Federal Government has exclusive jurisdiction.
4. Any public utility intending to construct a utility facility excluded from sections 2 to 17, inclusive, of this act pursuant to paragraph (a) or (b) of subsection 3 may elect to waive such exclusion by delivering notice of such waiver to the commission. Sections 2 to 17, inclusive, of this act shall thereafter apply to each such utility facility identified in such notice from the date of its receipt by the commission.
Sec. 12. 1. An applicant for a permit shall file with the commission an application, in such form as the commission may prescribe, containing the following information:
(a) A description of the location and of the utility facility to be built thereon;
(b) A summary of any studies which have been made of the environmental impact of the facility;
(c) A statement explaining the need for the facility;
(d) A description of any reasonable alternate location or locations for the proposed facility, a description of the comparative merits or detriments of each location submitted, and a statement of the reasons why the primary proposed location is best suited for the facility; and
(e) Such other information as the applicant may consider relevant or as the commission may by regulation or order require. A copy or copies of the studies referred to in paragraph (b) shall be filed with the commission and be available for public inspection.
2. A copy of the application shall be filed with the chairman of the governors environmental council.
3. Each application shall be accompanied by proof of service of a copy of such application on the clerk of each local government in the area in which any portion of such facility is to be located, both as primarily and as alternatively proposed.
4. Each application shall also be accompanied by proof that public notice thereof was given to persons residing in the municipalities entitled to receive notice under subsection 3 by the publication of a summary of the application in newspapers published and distributed in the area in which such utility facility is proposed to be located.
Sec. 12.5. The governors environmental council shall review each application filed and may participate in any proceeding held pursuant to section 13 of this act.
Sec. 13. The commission, in its discretion, may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the permit has been filed by or in behalf of any interested party. The conduct of the hearing shall be the same as set forth in the applicable Rules of Practice and Procedure before the commission.
Sec. 14. 1. The parties to a permit proceeding shall include:
(a) The applicant.
(b) The governors environmental council composed of:
(1) The chief of the bureau of environmental health of the health division of the department of health, welfare and rehabilitation.
κ1971 Statutes of Nevada, Page 557 (CHAPTER 311, SB 287)κ
(2) The director of the Nevada department of fish and game.
(3) The state highway engineer.
(4) The state forester firewarden.
(5) The state engineer.
(6) The director of the state department of conservation and natural resources.
(7) The secretary-manager of the state planning board.
(8) The executive director of the state department of agriculture.
(c) Each local government and state agency entitled to receive service of a copy of the application under subsection 3 of section 12 of this act, if it has filed with the commission a notice of intervention as a party, within 30 days after the date it was served with a copy of the application;
(d) Any person residing in a local government entitled to receive service of a copy of the application under subsection 3 of section 12 of this act if, such a person has petitioned the commission for leave to intervene as a party, within 30 days after the date of the published notice and if such petition has been granted by the commission for good cause shown.
(e) Any domestic nonprofit corporation or association, formed in whole or in part to promote conservation of natural beauty, to protect the environment, personal health or other biological values to preserve historical sites, to promote consumer interests, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be located, if it has filed with the commission a notice of intent to be a party within 30 days after the date of the published notice.
2. Any person may make a limited appearance in the proceeding by filing a statement of position within 30 days after the date of the published notice. A statement filed by a person making a limited appearance shall become part of the record. No person making a limited appearance shall have the right to present oral testimony or cross-examine witnesses.
3. The commission may, for good cause shown, grant a petition for leave to intervene as a party to participate in subsequent phases of the proceeding, filed by a municipality, government agency, person or organization who is identified in paragraph (b), (c), (d) or (e) of subsection 1, but who failed to file a timely notice of intervention or petition for leave to intervene, as the case may be.
Sec. 15. 1. The commission shall render a decision upon the record either granting or denying the application as filed, or granting it upon such terms, conditions or modifications of the construction, operation or maintenance of the utility facility as the commission may deem appropriate. The commission may not grant a permit for the construction, operation and maintenance of a utility facility, either as proposed or as modified by the commission, unless it finds and determines:
(a) The basis for the need of the facility;
(b) The nature of the probable environmental impact;
(c) That the facility represents the minimum adverse environmental impact, considering the state of available technology and the nature and economics of the various alternatives, and other pertinent considerations;
(d) That the location of the facility as proposed conforms to applicable state and local laws and regulations issued thereunder; and
(e) That the facility will serve the public interest.
κ1971 Statutes of Nevada, Page 558 (CHAPTER 311, SB 287)κ
2. If the commission determines that the location of all or a part of the proposed facility should be modified, it may condition its permit upon such modification.
3. A copy of the order and any opinion issued therewith shall be served upon each party.
Sec. 16. 1. Any party aggrieved by any order issued on an application for a permit may apply for a rehearing within 15 days after issuance of the order. Any party aggrieved by the final order of the commission on rehearing may obtain judicial review thereof by filing of a complaint in a district court within 30 days after the issuance of such final order. Upon receipt of such complaint, the commission shall forthwith deliver to the court a copy of the written transcript of the record of the proceeding before it and a copy of its decision and opinion entered therein, which shall constitute the record on judicial review.
2. The grounds for and the scope for review of the court shall be limited to whether the opinion and order of the commission is:
(a) In conformity with the constitution and the laws of the State of Nevada and of the United States;
(b) Supported by substantial evidence in the record;
(c) Made in accordance with the procedures set forth in sections 2 to 17, inclusive, of this act or established order, rule or regulation of the commission; and
(d) Arbitrary, capricious or an abuse of discretion.
Sec. 17. The commission, in the discharge of its duties under sections 2 to 17, inclusive, of this act or any other law, is authorized to make joint investigations, hold joint hearings within or without the state, and issue joint or concurrent orders in conjunction or concurrence with any official or agency of any state or of the United States, whether in the holding of such investigations or hearings, or in the making of such orders, the commission functions under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce, or as an agency of the United States, or otherwise. The commission, in the discharge of its duties under sections 2 to 17, inclusive, of this act, is further authorized to negotiate and enter into agreements or compacts with agencies of other states, pursuant to any consent of the Congress, for cooperative efforts in permitting the construction, operation and maintenance of utility facilities in accord with the purpose of sections 2 to 17, inclusive, of this act and for the enforcement of the respective state laws regarding them.
________
κ1971 Statutes of Nevada, Page 559κ
Senate Bill No. 328Committee on Transportation
CHAPTER 312
AN ACT to amend the Highways and Roads Law by adding new sections providing for regulation of location of junkyards along certain highways and for screening such junkyards in certain cases; authorizing the department of highways to acquire land for such purposes and prescribing the means of payment therefor; 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. Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 22, inclusive, of this act.
Sec. 2. The legislature hereby finds and declares that:
1. The establishment, use and maintenance of outdoor junkyards in areas adjacent to the interstate and primary highway systems of this state should be controlled in order to promote the safety and recreational value of public travel, to protect the public investment in such highways, and to preserve the natural beauty of areas adjacent to such highways.
2. It is the intent of the legislature to:
(a) Provide for the state control of outdoor junkyards as required by 23 U.S.C. § 136.
(b) Establish by the provisions of sections 2 to 22, inclusive, of this act minimum standards with respect to the regulation of outdoor junkyards.
Sec. 3. Sections 2 to 22, inclusive, of this act shall remain effective only so long as federal-aid highway funds are apportioned to the State of Nevada and the Federal Government reimburses the state in accordance with 23 U.S.C. § 136 for its share of landscaping and screening costs and compensation required for the relocation, removal or disposal of junkyards.
Sec. 4. As used in sections 2 to 22, inclusive, of this act, the words and terms defined in sections 5 to 10, inclusive, of this act, unless the context otherwise requires, have the meanings ascribed to them in sections 5 to 10, inclusive, of this act.
Sec. 5. Automotive graveyard means any establishment or place of business which is maintained, used or operated for storing, keeping, processing, buying or selling wrecked, abandoned, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.
Sec. 6. Edge of the right-of-way means the property line between the area acquired for state highway rights-of-way and the abutting property.
Sec. 7. Interstate highway means a portion of the National System of Interstate and Defense Highways located within this state as officially designated pursuant to the provisions of Title 23 of the United States Code.
Sec. 8. Junk means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste or junked, dismantled or wrecked or abandoned motor vehicles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material, and all other secondhand used or castoff articles or material of any kind.
κ1971 Statutes of Nevada, Page 560 (CHAPTER 312, SB 328)κ
Sec. 9. Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, processing, buying, or selling junk, or for the maintenance or operation of an automobile graveyard or scrap metal processing facility, and the terms shall include garbage dumps and sanitary fills.
Sec. 10. Primary highway means a portion of the connected main highways, as officially designated pursuant to the provisions of Title 23 of the United States Code.
Sec. 11. No person shall, after January 1, 1972, establish a junkyard any portion of which is within 1,000 feet of the nearest edge of the right-of-way and visible from the main traveled way of the interstate or primary highway system, nor shall any person continue to operate and maintain a junkyard in existence on December 31, 1971, without obtaining from the engineer the permit provided for in section 12 of this act.
Sec. 12. The engineer shall collect a fee of $10 for the issuance of a permit for the establishment, maintenance and operation of a junkyard any portion of which is within 1,000 feet of the nearest edge of the right-of-way and visible from the main traveled way of an interstate or primary highway. The proceeds from such fees shall be deposited with the state treasurer and credited to the state highway fund in the state treasury.
Sec. 13. No permit shall be granted for the establishment, maintenance or operation of a junkyard any portion of which is within 1,000 feet of the nearest edge of the right-of-way of an interstate or primary highway, except the following:
1. Those which are screened by natural objects, plantings, fences, or other appropriate aesthetic means, so as not to be visible from the main traveled way, or otherwise hidden from sight;
2. Those located within areas which are zoned for industrial use under authority of state or local law or ordinance;
3. Those located in areas which, although not zoned by authority of state or local law or ordinance, are actually used for industrial purposes as determined from actual land uses and defined by regulations prescribed by the engineer and approved by the Secretary of Transportation; and
4. Those which are not visible from the main traveled way.
Sec. 14. Any junkyard lawfully in existence on the effective date of this act, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of an interstate or primary highway, and visible from the main traveled way, shall be screened, if feasible, by the department at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way so as not to be visible from the main traveled way of such highways.
Sec. 15. The engineer shall have the authority to prescribe rules and regulations governing the location, planting, materials used, construction and maintenance, in the screening or fencing required by sections 2 to 22, inclusive, of this act.
Sec. 16. Whenever the engineer determines that the topography of the land adjoining the highway will not permit adequate screening of such junkyards or the screening of such junkyards would not be economically feasible, the engineer shall have the authority to require the relocation, removal or disposal of the junkyard, by negotiation or condemnation;
κ1971 Statutes of Nevada, Page 561 (CHAPTER 312, SB 328)κ
but any junkyard in existence on the effective date of this act which does not conform to the requirements of this act and which the engineer finds, as a practical matter, cannot be screened shall be required to be relocated, removed or disposed of no later than July 1, 1973.
Sec. 17. The department is authorized to acquire such interests in real property as may be necessary to effect the screening, relocation, removal or disposal of junkyards required by sections 2 to 22, inclusive, of this act.
Sec. 18. Just compensation shall be paid by the department to the owners of junkyards which must be relocated, removed or disposed of pursuant to sections 2 to 22, inclusive, of this act and which fall into the following categories:
1. Those lawfully in existence on the effective date of this amendatory act; and
2. Those lawfully established on or after the effective date of this amendatory act.
Sec. 19. The cost of screening, relocation, removal or disposal of any junkyard shall be paid by the state from the state highway fund, provided a proportionate part of such cost shall be reimbursable from federal funds in accordance with 23 U.S.C. § 136.
Sec. 20. The engineer shall prescribe and enforce regulations governing the establishment, screening, relocation, removal or disposal of junkyards as provided in sections 2 to 22, inclusive, of this act consistent with the provisions of 23 U.S.C. § 136 and the national standards promulgated thereunder by the Secretary of Transportation.
Sec. 21. The governing body of any incorporated city or county may enact ordinances, including, but not limited to, land use or zoning ordinances, imposing restrictions on junkyards equal to or greater than those imposed by the provisions of sections 2 to 22, inclusive, of this act.
Sec. 22. 1. Any junkyard or automobile graveyard established after the effective date of this act which violates the provisions of sections 2 to 21, inclusive, of this act is hereby declared to be a public nuisance, and the engineer shall abate any such junkyard or automobile graveyard which is not removed or screened prior to the expiration of 30 days after personal service of notice of such violation and demand for removal or screening upon the landowner and the owner or his agents of such junkyard or automobile graveyard.
2. Abatement by the department of such junkyard or automobile graveyard on the failure of such owners to comply with such notice and demand shall give the department a right of action to recover the expense of such abatement, cost and expenses of suit.
Sec. 23. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 562κ
Senate Bill No. 412Committee on Health and Welfare
CHAPTER 313
AN ACT providing an exception to the prerequisite qualifications for taking an examination to practice chiropractic in Nevada; 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 634.090 is hereby amended to read as follows:
634.090 1. An applicant must, in addition to the requirements of NRS 634.080, furnish satisfactory evidence to the board that he possesses a high school education and is a graduate from a recognized college of chiropractic whose minimum course leading to the degree of doctor of chiropractic consists of not less than 4,000 hours and embraces the following subjects: Anatomy, bacteriology, chiropractic theory and practice, diagnosis and chiropractic analysis, elementary chemistry and toxicology, histology, hygiene and sanitation, obstetrics and gynecology, pathology, physiology and physiotherapy.
2. [After January 1, 1970,] Except as provided in subsection 3, every applicant shall be required to submit evidence of not less than 2 years education in an accredited college or university.
3. Any applicant who has passed a basic sciences examination and has been licensed to practice in another state, and has been in practice for not less than 5 years, shall not be required to comply with the provisions of subsection 2.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 443Committee on Taxation
CHAPTER 314
AN ACT relating to semiannual statements filed by mine owners; extending the filing time therefor; defining the penalties for failure to file; 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 362.110 is hereby amended to read as follows:
362.110 1. Every person, corporation or association operating any mine containing gold, silver, copper, zinc, lead or other valuable mineral or mineral deposit, whether metallic or nonmetallic [, must,] :
(a) Shall, semiannually during July and January of each year, [make and] except as provided in paragraph (b), file with the Nevada tax commission a statement showing the gross yield and claimed net proceeds from each mine owned, worked or operated by such person, corporation or association during the 6-month period immediately preceding the 1st day of the month in which the statement is so required to be made.
κ1971 Statutes of Nevada, Page 563 (CHAPTER 314, SB 443)κ
or association during the 6-month period immediately preceding the 1st day of the month in which the statement is so required to be made.
(b) May have up to 15 additional days to file such statement, if beforehand he makes written application to the commission and the commission finds good cause for such extension.
2. Such statement shall:
(a) Show the claimed deductions from the gross yield in the detail set forth in NRS 362.120. Such deductions shall be limited to the costs incurred during the 6-month period covered by the statement.
(b) Be in the form which shall be prescribed by the Nevada tax commission.
(c) Be verified by the manager, superintendent, secretary or treasurer of each corporation, or by the owner of the mine, or, if the owner is an individual, by someone authorized in his behalf.
Sec. 2. NRS 362.230 is hereby amended to read as follows:
362.230 1. Every person, association or corporation operating any mine or mines in this state who [shall fail] fails to file with the Nevada tax commission the statements provided for in NRS 362.100 to 362.240, inclusive, during the time and in the manner provided for in NRS 362.100 to 362.240, inclusive, shall be liable to a penalty of not less than $100 nor more than $5,000, and if any [mine operator shall so fail] such person, association or corporation fails to file such statement, the Nevada tax commission may ascertain and certify the net proceeds of such mine or mines from all data and information obtainable.
2. The Nevada tax commission shall determine the amount of such penalty. This penalty becomes a debt due the State of Nevada and, upon collection, shall be deposited in the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 475Committee on Finance
CHAPTER 315
AN ACT relating to audit reports of state agencies; requiring copies of such reports to be filed with the chief of the budget division of the department of administration, the state controller and the fiscal analyst.
[Approved April 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Each state agency, within 10 days after receiving an audit report pertaining to such agency, shall submit one copy of such audit report to:
1. The chief of the budget division of the department of administration.
2. The state controller.
3. The fiscal analyst.
________
κ1971 Statutes of Nevada, Page 564κ
Senate Bill No. 553Senator Young
CHAPTER 316
AN ACT relating to estates of deceased persons; providing for the payment of certain attorneys fees as administrative costs of estates; 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 150.060 is hereby amended to read as follows:
150.060 1. All attorneys for estates or executors or administrators appointed in the proceedings shall be attorneys of record with like powers and responsibilities as attorneys in other actions and proceedings, and shall be entitled to receive a reasonable compensation, to be paid out of the estate they respectively represent, for services rendered, to be allowed by the court.
2. Any attorney who has rendered services to an executor or administrator at any time after the issuance of letters testamentary or letters of administration, and upon such notice to the executor or administrator and to the persons interested in the estate as the court or a judge thereof shall require, may apply to the court for an allowance upon his fees. On the hearing, the court shall make an order requiring the executor or administrator to pay such attorney out of the estate such compensation, on account of the services rendered up to that time, as the court shall deem proper, and such payment shall be made forthwith.
3. Attorneys for minors, absent or nonresident heirs shall receive compensation primarily out of the estate of the distributee so represented by him in such cases and to such extent as may be determined by the court [.] , but if the court finds that all or any part of the services performed by the attorney for the minors, absent or nonresident heirs were of value to the estate as such and not just of value to the minors, absent or nonresident heirs, then the court shall order that all or part of the fee to be paid to such attorney shall be paid out of the funds of the estate and shall be a general administration expense of the estate. The amount of such fees shall be determined by the court.
________
κ1971 Statutes of Nevada, Page 565κ
Senate Bill No. 534Committee on Judiciary
CHAPTER 317
AN ACT requiring the revocation of the license of any licensed gaming establishment or individual licensee for a second violation of the law governing crimes and liabilities concerning gaming.
[Approved April 15, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.310 is hereby amended to read as follows:
463.310 1. The board shall investigate any apparent violations of this chapter, chapter 464 or chapter 465 of NRS or any regulations adopted thereunder which come to its attention and, when disciplinary or other action is to be taken against a licensee, shall conduct such investigative hearings with respect thereto as may be necessary. The commission may direct the board to investigate any apparent violations of this chapter, chapter 464 or chapter 465 of NRS or any regulations which come to its attention.
2. If, after such investigation the board is satisfied that a license should be limited, conditioned, suspended or revoked, it shall initiate a hearing before the commission by filing a complaint with the commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the board.
3. Upon receipt of the complaint of the board, the commission shall review the same and all matter presented in support thereof, and, if satisfied that probable grounds exist for disciplinary or other action, shall conduct further proceedings in accordance with NRS 463.312. If the commission is not satisfied that probable grounds exist for disciplinary or other action, it may order the complaint withdrawn without prejudice to the filing of another complaint after further investigation and reconsideration by the board.
4. After the provisions of subsections 1, 2 and 3 above have been complied with, the commission shall have full and absolute power and authority to:
(a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;
(b) Order a licensed gaming establishment to keep an individual licensee from the premises of such licensed gaming establishment or not to pay such licensee any remuneration for services or any profits, income or accruals on his investment in such licensed gaming establishment; and
(c) Fine a licensed gaming establishment in an amount not to exceed $100,000 for the first violation by such establishment, or any individual licensee in an amount not to exceed $50,000 for the first violation by such individual,
for any cause deemed reasonable by the commission. All fines shall be paid to the state treasurer for deposit in the general fund in the state treasury.
κ1971 Statutes of Nevada, Page 566 (CHAPTER 317, SB 534)κ
5. For the second violation of any provisions of chapter 465 of NRS by any licensed gaming establishment or individual licensee, the commission shall revoke the license of such establishment or individual.
6. In the event the commission shall limit, condition, suspend or revoke any license or impose a fine, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which such order is based.
7. Any such limitation, condition, revocation, suspension or fine so made shall be and remain effective until reversed or modified upon judicial review, except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.
8. Judicial review of any such order or decision of the commission may be had in accordance with NRS 463.315.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 326Committee on Health and Welfare
CHAPTER 318
AN ACT establishing a state comprehensive health planning agency; creating the state comprehensive health planning advisory council and specifying its duties; creating the state comprehensive health planning fund in the state treasury and specifying which moneys may be deposited in the fund; restricting licensing of health facilities; and providing other matters properly relating thereto.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. As used in this chapter, council means the state comprehensive health planning advisory council.
Sec. 3. In order to provide state comprehensive health planning in response to the enactment of 42 U.S.C. § 246, as from time to time amended, there is hereby created a state comprehensive health planning advisory council.
Sec. 4. 1. The council shall be composed of 11 members, appointed by the governor, six of whom shall be representative of the consumer public. The chairman shall be appointed by the governor.
2. The representatives of the consumer public shall be bona fide public representatives whose occupations are neither the administration of health activities nor the performance of health services, who have no fiduciary obligation to a hospital or other health agency, and who have no material financial interest in the rendering of health services.
Sec. 5. 1. Of the members first appointed by the governor, six shall hold office for 1 year and five shall hold office for 2 years.
κ1971 Statutes of Nevada, Page 567 (CHAPTER 318, SB 326)κ
2. Thereafter, each member shall hold office for 4 years. No appointing authority specified in section 4 of this act shall appoint any person to alternate membership on the council, but such authority may appoint a replacement to fill a vacancy for the remainder of a term.
Sec. 6. 1. The governor shall designate a state comprehensive health planning agency in order to comply with 42 U.S.C. § 246, as from time to time amended, after receiving the recommendation of the council.
2. The governor shall appoint a state comprehensive health planner, who shall be responsible only to the executive office of the governor for administrative direction in carrying out the Nevada state comprehensive health plan as formulated by the council.
3. The position of state comprehensive health planner shall be unclassified, but all other employees of the designated agency shall be in the classified service of the state, pursuant to provisions of chapter 284 of NRS.
Sec. 7. The council:
1. Shall develop a state comprehensive health plan for health services which are needed to meet the physical, mental and environmental health needs of the people of Nevada. Such plan shall include facilities and the necessary personnel required for comprehensive health planning services.
2. Shall have the powers and duties enumerated under the state comprehensive health plan as approved and adopted under the provisions of 42 U.S.C. § 246, as from time to time amended.
3. May require state and other public agencies to submit data on publicly administered or financed health programs pertinent to effective planning and coordination under the provisions of 42 U.S.C. § 246, as from time to time amended.
4. Shall advise the state comprehensive health planning agency in the conduct of its comprehensive health planning activities and in the setting of priorities.
5. Shall approve the state comprehensive health plan to be submitted to the Federal Government. The budget of the state comprehensive health planning agency for expenditure of planning money and health grant funds shall be submitted to the advisory council for its recommendation before its submission to the governor and the legislature.
Sec. 8. 1. The council shall meet at least twice annually in order to fulfill its duties. All decisions of the council shall be decided by a majority of the voting members. All meetings and records of the council shall be open to the public.
2. Members of the council shall serve without compensation, but shall be entitled to be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the council, at the rate prescribed by law for state officers and employees.
Sec. 9. 1. The state comprehensive health planning fund is hereby created in the state treasury. All moneys appropriated by the State of Nevada or received from other sources for use in carrying out the provisions of this chapter shall be deposited in the Nevada state comprehensive health planning fund.
2. Disbursements from the state comprehensive health planning fund shall be made upon claims filed, audited and allowed in the same manner as other moneys in the state treasury are disbursed.
κ1971 Statutes of Nevada, Page 568 (CHAPTER 318, SB 326)κ
shall be made upon claims filed, audited and allowed in the same manner as other moneys in the state treasury are disbursed.
Sec. 10. The state comprehensive health planning agency may accept appropriations of money by the Congress of the United States pursuant to 42 U.S.C. § 246, as from time to time amended, for deposit in the Nevada state comprehensive health planning fund, to be used by the agency in accordance with the provisions of this chapter and the conditions imposed pursuant to 42 U.S.C. § 246, as from time to time amended.
Sec. 11. 1. The health division of the department of health, welfare and rehabilitation shall not issue a new license or alter an existing license for changes in the number of beds or types of services offered by a health facility, without an approval in writing from the council.
2. In localities having an areawide comprehensive health planning agency, an applicant shall submit his application to such agency for review and recommendation, which shall then be forwarded to the council for review and recommendation. If no areawide health planning agency is available to the applicant, the application shall be sent directly to the council for consideration.
3. An applicant may petition the council, in writing, for a hearing on the decision on appeal. A petition for hearing shall be made within 30 days of the appealed decision, and the council shall grant a hearing within 60 days of receipt of the request. A hearing shall be held on the appeal, but it may be heard by a committee of the council composed of at least three voting members, a majority of whom shall be consumers. The final decision on the appeal shall be made by the full council.
4. The provisions of this section shall be effective July 1, 1972.
Sec. 12. This act shall become effective upon passage and approval.
________
Assembly Bill No. 305Mr. Schofield
CHAPTER 319
AN ACT relating to public employees retirement; making certain school district employees eligible for membership in the public employees retirement system; and providing other matters properly relating thereto.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.320 is hereby amended to read as follows:
286.320 1. An employee shall be regarded as eligible for membership in the system if his position, on the basis of 1 year of service, would require 1,200 or more hours of service per year [.] , or in the case of an employee of any school district, if his position, on the basis of 9 months of service during any year, would require 800 or more hours of service per year. In determining eligibility all positions shall be regarded as continuing for 1 year regardless of anticipated duration, and all incumbents of covered positions shall be eligible regardless of individual tenure.
κ1971 Statutes of Nevada, Page 569 (CHAPTER 319, AB 305)κ
as continuing for 1 year regardless of anticipated duration, and all incumbents of covered positions shall be eligible regardless of individual tenure.
2. [Casual] Except for any period of employment with a school district as provided in subsection 1, casual or intermittent employment in periods of less than 1 calendar month shall be credited toward retirement on the basis of 1 calendar month for every 21 days of work.
3. In addition to the requirement of subsection 1 concerning hours of service, a position, to be eligible for coverage, must pay a minimum compensation of $150 for 1 month of service. Where an employees earnings from two or more sources or positions total $150 per month, he shall be eligible for coverage. Fees received in the discharge of official duties or powers, other than the performance of marriages, may be included as part of such compensation, if they are reported to the board in the same manner that other compensation is reported and the employers contribution is paid thereon as provided in NRS 286.450. Persons employed as county commissioners, city councilmen and legislators shall be exempt from this provision.
4. All persons who are contributing at salary rates less than $150 per month on July 1, 1963, shall be permitted to continue such contributions but their successors shall not be so permitted.
________
Assembly Bill No. 420Messrs. Hilbrecht, Branch, Dreyer, Schofield, Mrs. Brookman, Messrs. Smalley, Smith, Ashworth, Bryan, Ronzone, Wilson, Frank Young and Mrs. White
CHAPTER 320
AN ACT making an appropriation from the general fund in the state treasury to the board of regents of the University of Nevada for the purpose of instituting a baccalaureate program in nursing at the University of Nevada, Las Vegas.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the board of regents of the University of Nevada for the purpose only of instituting a baccalaureate program in nursing at the University of Nevada, Las Vegas:
1. For the fiscal year 1971-1972, the sum of $50,000.
2. For the fiscal year 1972-1973, the sum of $50,000.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 570κ
Assembly Bill No. 591Messrs. Hilbrecht, Smalley, Miss Hawkins, Messrs. Mello, Smith, McKissick, Lingenfelter and Wilson
CHAPTER 321
AN ACT relating to training and development of employees in the state service; requiring the chief of the personnel division of the department of administration to promulgate rules and regulations for training of state employees; prescribing conditions under which educational leave stipends may be granted; and providing other matters properly relating thereto.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 284 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. After consultation with appointing authorities, and in cooperation with the state board of examiners, the chief shall prescribe rules and regulations for all training of employees in the state service. Professional employees of the teaching staff, agricultural extension service and agricultural experiment station staffs of the University of Nevada System, or any other state institution of learning, and student employees of such an institution are exempt from the provisions of this section.
2. The rules and regulations so prescribed shall set forth the conditions under which educational leave stipends may be paid to any officer or employee of the State of Nevada. With the exception of intermittent course work not leading to the awarding of a degree, no person may be granted educational leave stipends until such person has entered into a contract with his employing agency whereby such person agrees to pursue only courses required for a degree related to his employment with the State of Nevada and to return to the employ of his employing agency on the basis of 1 year for each 9 months educational leave taken or to refund the total amount of such stipends regardless of the balance at the time of separation.
3. The executive director may, in his discretion, bond any person handling moneys or signing checks.
4. The provisions of this section shall not be construed to prevent the granting of sabbatical leaves by the board of regents of the University of Nevada.
4. Where practicable all training for state employees shall be presented through established educational institutions within the state.
5. The personnel division shall coordinate all training activities of remedial and career-development programs designed to correct educational and training deficiencies of state employees and create employment opportunities for the disadvantaged. In connection with these activities the personnel division, with the approval of the governor, is designated to enter into contractual arrangements with the Federal Government and others that provide grants or funds for educational and training activities.
Sec. 2. NRS 281.150 is hereby amended to read as follows:
281.150 1. [No] Pursuant to the provisions of section 1 of this act, any department, board, commission [,] or agency [, officer or employee] of the State of Nevada [shall] may authorize the expenditure of public money or expend public money for the payment of educational leave stipends to any officer or employee of the State of Nevada.
2. [The provisions of this section shall not be construed to:
κ1971 Statutes of Nevada, Page 571 (CHAPTER 321, AB 591)κ
(a) Prevent the granting of sabbatical leaves by the board of regents of the University of Nevada; or
(b) Apply to] Notwithstanding the provisions of section 1 of this act, the welfare division of the department of health, welfare and rehabilitation may, where part of the cost of educational leave stipends may be paid from funds made available by the Federal Government or another source to assist in increasing the effectiveness and efficiency of administration of public welfare programs by increasing the number of adequately trained personnel available for work in public welfare programs [.] , grant educational leave stipends. No person may be granted educational leave stipends under the provisions of this [paragraph] subsection until such person has entered into a contract with the welfare division whereby such person agrees to pursue only courses required for social work degrees and to return to the employ of such division on the basis of 1 year for each 9 [months] months educational leave taken or to refund the amount of such stipends. Performance of the employment contract may be waived by the state welfare board in cases of extreme hardship or other valid excuse.
Sec. 3. NRS 612.230 is hereby amended to read as follows:
612.230 1. For the purpose of insuring the impartial selection of personnel on the basis of merit, the executive director shall fill all positions in the employment security department, except the post of executive director, from registers prepared by the personnel division of the department of administration, in conformity with such rules, regulations and classification and compensation plans relating to the selection of personnel as may from time to time be adopted or prescribed by the executive director for the employment security department.
2. Subject to the provisions of chapter 284 of NRS, the executive director shall select all personnel either from the first five candidates on the eligible lists as provided in this chapter, or from the highest rating candidate within a radius of 60 miles of the place in which the duties of the position will be performed. The executive director is authorized to fix the compensation and prescribe the duties and powers of such personnel, including such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the duties under this chapter, and may delegate to any such person such power and authority as he deems reasonable and proper for its effective administration.
3. The executive director may, in his discretion, bond any person handling moneys or signing checks.
4. The executive director shall classify positions under this chapter and shall establish salary schedules and minimum personnel standards for the positions so classified. He shall devise and establish fair and reasonable regulations governing promotions, demotions and terminations for cause in accordance with such established personnel practices as will tend to promote the morale and welfare of the organization.
5. Notwithstanding the provisions of [subsection 1 of NRS 281.150,] section 1 of this act, the executive director may grant educational leave stipends to officers and employees of the employment security department if all of the cost of such educational leave stipends may be paid from federal funds.
________
κ1971 Statutes of Nevada, Page 572κ
Assembly Bill No. 389Committee on Transportation
CHAPTER 322
AN ACT relating to the regulation of public utilities; providing a method for allocating costs of construction, alteration and maintenance of railroad grade crossings, grade separations and automatic protection devices between railroads and governmental units; preserving the right of railroads and governmental units to negotiate agreements apportioning such costs; specifying the powers and duties of the public service commission of Nevada with respect to such procedures; and providing other matters properly relating thereto.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The entire cost of a new grade crossing or a new grade separation, including any automatic protection devices that may be required, where no existing grade crossing located at or in the immediate vicinity of the new grade crossing or grade separation structure is eliminated, shall be apportioned to and borne by the governmental unit or units affected if a governmental unit initiates the proceeding, or by the railroad or railroads if the proceeding is initiated by a railroad.
2. Where a new grade separation will directly result in the elimination of an existing grade crossing located at or in the immediate vicinity of the grade separation or an existing grade separation is reconstructed, 13 percent of the cost shall be apportioned to and borne by the railroad or railroads and the remainder of the cost shall be apportioned to and borne by the governmental unit or units affected. If a grade separation structure provides either more highway lanes or space for more highway lanes than are in place on the existing highway grade crossing being eliminated, the railroad share of cost shall be limited to 13 percent of the cost of constructing a grade separation structure having the same number of highway lanes that were in place on the highway prior to construction of the grade separation structure.
3. Where automatic protection devices are added or materially altered, changed or improved at an existing grade crossing, 87 percent of the cost of such added, altered, changed or improved automatic protection devices shall be apportioned to and borne by the governmental unit or units affected and 13 percent of the cost shall be apportioned to and borne by the railroad or railroads.
4. The cost of maintaining any new, added or materially altered, changed or improved grade crossing automatic protection devices and appurtenances shall be apportioned 50 percent to the governmental unit or units affected and 50 percent to the railroad or railroads.
5. The maintenance of a new or reconstructed grade separation structure shall be performed by the governmental unit or units affected, and the cost thereof shall be apportioned to and be borne by the governmental unit or units affected, except that the maintenance of waterproofing, ballast, ties, tracks and other railroad equipment shall be performed by the railroad or railroads, and the cost of such maintenance shall be apportioned to and borne by the railroad or railroads.
κ1971 Statutes of Nevada, Page 573 (CHAPTER 322, AB 389)κ
performed by the railroad or railroads, and the cost of such maintenance shall be apportioned to and borne by the railroad or railroads.
6. The railroad shall maintain at its expense the surface of grade crossings to a distance of 2 feet on the outer side of each outermost rail, and such maintenance shall include, but is not limited to, the railroad roadbed, rails and all appurtenant facilities.
7. On projects where federal funds are used, apportionment and division of costs shall be in accordance with federal law and the rules, regulations and orders of the federal agency administering such law to the extent that such law, rule or regulations and orders require a different apportionment of costs than is set forth in this section. The provisions of this section may not otherwise be invoked on projects to the extent that such federal law, rules, regulations and orders are applicable.
8. The provisions of this section impose no limitation upon the right of governmental units or railroads to negotiate agreements apportioning costs. To the extent that costs are apportioned by such agreement, the commission shall order that costs be apportioned and borne in the manner provided by such agreement.
Sec. 2. NRS 704.300 is hereby amended to read as follows:
704.300 1. After [hearing and investigation of a formal complaint or complaints] an investigation and hearing, which has been initiated either upon the commissions own motion, or as the result of the filing of a formal application or complaint by the department of highways or the board of county commissioners of any county, or the town board or council of any town or municipality, or by any railroad company, the commission shall have the power to determine and order for the safety of the traveling public:
(a) The elimination, alteration, addition or change of a highway crossing or crossings over any railroad at grade, or above or below grade, including its approaches and surface.
(b) Changes in the method of crossing at grade, or above or below grade.
(c) The closing of a crossing and the substitution of another therefor.
(d) The removal of obstructions to the public view in approaching such crossing or crossings.
(e) Such other details of use, construction and operation as may be necessary to make grade-crossing elimination, changes and betterments for the protection of the public and the prevention of accidents effective.
2. In this behalf, the commission [is authorized and empowered to determine and] shall order that the cost of such elimination, removal, addition, change, alteration or betterment as may be ordered shall be divided and paid in such proportion by the state, county, town or municipality and the railroad or railroads interested as [shall be designated by the commission; but any such division of cost shall be based and apportioned upon the respective benefits, if any, to be received from such elimination, removal, addition, change, alteration or betterment by any railroad affected or the state, county, town or municipality affected. The commission shall also order that, unless otherwise agreed between any railroad and the public bodies affected, the cost of thereafter maintaining any structure, works or facilities at such crossing shall be divided between the railroad and the public body affected in the same proportion as the cost of such elimination, removal, addition, change, alteration or betterment is divided.]
κ1971 Statutes of Nevada, Page 574 (CHAPTER 322, AB 389)κ
any structure, works or facilities at such crossing shall be divided between the railroad and the public body affected in the same proportion as the cost of such elimination, removal, addition, change, alteration or betterment is divided.] is provided, according to the circumstances occasioning the cost, in section 1 of this act.
3. All costs incurred by reason of any hearing held under this section before the commission, including but not limited to publication of notices, reporting, transcripts and rental of hearing room, shall be apportioned 50 percent to the governmental unit or units affected and 50 percent to the railroad or railroads.
________
Assembly Bill No. 217Messrs. Lowman, Ronzone, Smith, Frank Young, Smalley, Ashworth, Glaser and Torvinen
CHAPTER 323
AN ACT providing bail hearings for felony offenses committed while on bail or on his own recognizance after being charged with felony offenses.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 171.178 is hereby amended to read as follows:
171.178 1. A peace officer making an arrest under a warrant issued upon a complaint or any person making an arrest without a warrant shall, in all cases, take the arrested person without unnecessary delay before the magistrate who issued the warrant or the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.
2. When a person arrested without a warrant is brought before a magistrate, a complaint shall be filed forthwith.
3. [Where] Except as provided in section 2 of this act, where the defendant can be admitted to bail without appearing personally before a magistrate, he shall be so admitted with the least possible delay, and required to appear before a magistrate at the earliest convenient time thereafter.
Sec. 2. Chapter 178 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. When a defendant is arrested for a felony offense committed while he was released on bail or on his own recognizance after being charged with a felony offense, he may be admitted to bail only after a special court hearing. The defendant and the district attorney or his representative shall be present at such a hearing.
2. The hearing shall be conducted not later than the second judicial day following arrest by any court of competent jurisdiction, when the arresting officer notifies the court that the defendant was arrested while released on bail for a prior felony offense.
________
κ1971 Statutes of Nevada, Page 575κ
Assembly Bill No. 729Mr. Dreyer
CHAPTER 324
AN ACT relating to homesteads; permitting single persons to select and declare homesteads; and providing other matters properly relating thereto.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 115.010 is hereby amended to read as follows:
115.010 The homestead, consisting of a quantity of land, together with the dwelling house thereon and its appurtenances, not exceeding $10,000, to be selected by the husband and wife, or either of them, [or] other head of a family, or other single person claiming the homestead, shall not be subject to forced sale on execution, or any final process from any court, for any debt or liability contracted or incurred after November 13, 1861, except process to enforce the payment of the purchase money for such premises, or for improvements made thereon, or for legal taxes imposed thereon, or for the payment of any mortgage or deed of trust thereon executed and given by both husband and wife, when that relation exists.
Sec. 2. NRS 115.020 is hereby amended to read as follows:
115.020 1. The homestead selection shall be made by either the husband or wife or both of them, [or] other head of a family, or other single person, declaring [their] an intention in writing to claim the same as a homestead.
2. The declaration shall state:
(a) When made by a married person or persons, that they or either of them are married, or if not married, that he or she is the head of a family [.] or a householder.
(b) [That] When made by a married person or persons, that they or either of them, as the case may be, are, at the time of making the declaration, residing with their family, or with the person or persons under their care and maintenance, on the premises, particularly describing the premises.
(c) [That] When made by any claimant under this section, that it is their or his intention to use and claim the same as a homestead.
3. The declaration shall be signed by the person or persons making the same, and acknowledged and recorded as conveyances affecting real property are required to be acknowledged and recorded. From and after the filing for record of the declaration, the husband and wife shall be deemed to hold the homestead as joint tenants.
4. If the property declared upon as a homestead be the separate property of either spouse, both must join in the execution and acknowledgment of the declaration; and if the property shall retain its character of separate property until the death of one or the other of the spouses, then the homestead right shall cease in and upon the property and the same belong to the person (or his or her heirs) to whom it belonged when filed upon as a homestead.
κ1971 Statutes of Nevada, Page 576 (CHAPTER 324, AB 729)κ
Sec. 3. NRS 115.040 is hereby amended to read as follows:
115.040 1. The exemption shall not extend to any mechanics, laborers or vendors lien lawfully obtained.
2. No mortgage or alienation of any kind, made for the purpose of securing a loan or indebtedness upon the homestead property, shall be valid for any purpose whatsoever, unless the signature of the husband and wife, when that relationship exists, be obtained to the same and such mortgage or alienation is acknowledged by the wife separately and apart from her husband.
3. The homestead property shall not be deemed to be abandoned without a declaration thereof in writing, signed and acknowledged by both husband and wife, [or] other head of a family, or other single person claiming the homestead, and recorded in the same office and in the same manner as the declaration of claim to the same is required to be recorded, and the acknowledgment of the wife to such declaration of abandonment shall be taken separately and apart from her husband.
4. If the wife be not a resident of this state, her signature and the acknowledgment thereof shall not be necessary to the validity of any mortgage or alienation of the homestead before it becomes the homestead of the debtor.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 152Committee on Finance
CHAPTER 325
AN ACT making an appropriation from the general fund in the state treasury to the public employees retirement fund for the purpose of paying the states obligation for public school teachers retirement prior to July 1, 1969.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the public employees retirement fund the sum of $143,872 in payment of the states obligation for public school teachers retirement prior to July 1, 1969.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 577κ
Assembly Bill No. 514Mr. Swallow
CHAPTER 326
AN ACT relating to hunting guides; permitting the department to issue guide licenses valid only in certain districts; and providing other matters properly relating thereto.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 504.390 is hereby amended to read as follows:
504.390 1. As used in this section, unless the context requires otherwise, guide means to assist another person or persons in hunting wild animals or wild birds and fishing and includes the transporting of another person or his equipment to hunting and fishing locations within a general hunting and fishing area whether or not the guide determines the destination or course of travel.
2. Every person, firm, partnership or corporation which provides guide service for compensation or provides guide service as an incidental service to customers of any commercial enterprise, whether a direct fee is charged for the guide service or not, shall obtain a master guide license from the department.
3. Every employee of a person, firm, partnership or corporation, that is required to have a master guide license and acts as a guide in the course of his employment, shall obtain a subguide license from the department.
4. Fees for master guide and subguide licenses shall be as provided in NRS 502.240.
5. Any person, firm, partnership or corporation which desires a master guide license shall make application for such license on a form prescribed and furnished by the department. The application shall contain the following information:
(a) The name, age and address of the applicant.
(b) The area or areas in which the applicant proposes to operate.
(c) The type or types of guiding or packing in which the applicant proposes to engage.
(d) The experience or knowledge which the applicant considers to qualify him to be a guide.
(e) The nature and amount of the equipment, vehicles, animals and other property which the applicant proposes to use in his operations.
(f) If the applicant proposes to furnish transportation, the location of the headquarters from which he proposes to operate.
(g) Such other information and matters as the department may require.
6. Any person who desires a subguide license shall make application for such license on a form prescribed and furnished by the department.
7. If the holder of a master guide license operates with pack or riding animals, he must also have a grazing or special use permit if he operates in any area where such a permit is required.
8. The holder of a master guide license shall maintain records of the number of hunters and fishermen served, and any other information which the department may require concerning fish and game taken by such persons.
κ1971 Statutes of Nevada, Page 578 (CHAPTER 326, AB 514)κ
such persons. Such information shall be furnished to the department on request.
9. If any licensee under this section, or person served by such licensee, is convicted of a violation of any provision of this Title, the department may immediately revoke the license of the licensee and may refuse issuance of another license to the licensee for a period of 2 years from the date of conviction.
10. The commission may establish regulations covering the conduct and operation of a guide service.
11. The department may issue master guide and subguide licenses to be valid only in certain districts in such manner as may be determined by commission regulations.
________
Senate Bill No. 88Committee on Transportation
CHAPTER 327
AN ACT relating to drivers licenses, driving schools and driving instructors; clarifying license expiration provisions; providing authority to cancel voluntarily surrendered licenses; conforming certain language; and providing other matters properly relating thereto.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.380 is hereby amended to read as follows:
483.380 1. Every drivers license issued after July 1, [1969, shall expire on the fourth anniversary of the date of birth of the applicant occurring after June 30 next following the date of its issuance. Any] 1971, shall expire in the case of a person 70 years of age or older on the second anniversary and in the case of all other persons on the fourth anniversary of the licensees birthday, measured in the case of an original license, a renewal license and a license renewing an expired license, from the birthday nearest the date of issuance or renewal. Any applicant whose date of birth was on February 29 in a leap year shall, for the purposes of NRS 483.010 to 483.630, inclusive, be considered to have the anniversary of his birth fall on February 28. Every [such] license shall be renewable on or during a 90-day period before its expiration upon application and payment of the required fee, and, except as provided in subsection 6, each applicant for renewal shall appear before a drivers license examiner and successfully pass a test of his eyesight. Every drivers license issued on or prior to July 1, 1971, shall be valid until the expiration date indicated thereon.
2. Thirty days prior to the expiration of his license, the drivers license division of the department shall mail to each licensee who has not already renewed his license an expiration notice and prepare a renewal license. The department may require an applicant for a renewal license successfully to pass such additional tests as the department may find reasonably necessary to determine his qualification according to the type or class of license applied for.
κ1971 Statutes of Nevada, Page 579 (CHAPTER 327, SB 88)κ
reasonably necessary to determine his qualification according to the type or class of license applied for.
3. If the administrator or his duly authorized agent has reason to believe that the licensee is no longer qualified to receive a license because of his physical condition, the department may require that the applicant submit to an examination pursuant to the provisions of NRS 483.330.
4. All persons whose licenses have expired must take the regular examinations as set forth in NRS 483.330, and all persons whose licenses have expired for a period of 30 days or more shall pay to the department the penalty provided in NRS 483.410 in addition to the cost of renewing the license with the exception of the following persons who are exempt from the foregoing penalty:
(a) Persons who have not driven a motor vehicle subsequent to the expiration of their Nevada drivers license and who submit an affidavit stating such fact;
(b) Persons renewing an expired Nevada drivers license who have in their possession a valid drivers license from another jurisdiction; and
(c) Persons whose Nevada drivers license has expired during a period of suspension, if a renewal application is completed within 30 days from the date of eligibility for renewal.
5. The department may, by regulation, defer the expiration of the drivers license of a person who is on active duty in the Armed Forces upon such terms and conditions as it may prescribe. The department may similarly defer the expiration of the license of the spouse or dependent son or daughter of such person if the spouse or child is residing with such person.
6. The department may provide by regulation for the acceptance of a report from an ophthalomologist or optometrist in lieu of an eye test by a drivers license examiner in any case in which the applicant is unable to appear in person during the required time because of absence from the state or other good cause.
Sec. 2. NRS 483.420 is hereby amended to read as follows:
483.420 1. The department is hereby authorized to cancel any drivers license upon determining that the licensee was not entitled to the issuance thereof under NRS 483.010 to 483.630, inclusive, or that the licensee failed to give the required or correct information in his application or committed any fraud in making such application.
2. Upon such cancellation, the licensee must surrender the license canceled to the department.
3. The department is authorized to cancel any license that is voluntarily surrendered to the department.
Sec. 3. NRS 483.730 is hereby amended to read as follows:
483.730 1. The department of motor vehicles shall issue a license to operate a driver training school, or to act as an instructor for a driver training school, if it is satisfied that the applicant has met the qualifications required by NRS 483.700 to 483.780, inclusive.
2. The license shall be valid for a period of 2 years from [July 1 through June 30,] the date of issuance, unless canceled, suspended or revoked by the department of motor vehicles, and may be renewed subject to the same conditions as the original license.
κ1971 Statutes of Nevada, Page 580 (CHAPTER 327, SB 88)κ
Sec. 4. NRS 483.760 is hereby amended to read as follows:
483.760 The department of motor vehicles may cancel, suspend, revoke or refuse to renew any license granted pursuant to NRS 483.700 to 483.780, inclusive:
1. If the licensee permits fraud or engages in fraudulent practices either with reference to the applicant or the department of motor vehicles, or induces or countenances fraud or fraudulent practices on the part of any applicant for drivers license.
2. If the licensee fails to comply with any of the provisions of NRS 483.700 to 483.780, inclusive, or any of the regulations or requirements of the department of motor vehicles made pursuant thereto.
3. If the licensee or any employee or agent of the licensee solicits driver training or instruction in an office of the department of motor vehicles or within 200 feet of any such office.
4. If the licensee or any employee or agent of the licensee follows the identical course of training which is used by the department of motor vehicles in giving an examination for a [license as an operator or chauffeur.] drivers license.
________
Assembly Bill No. 381Messrs. Torvinen and Swackhamer
CHAPTER 328
AN ACT relating to gaming; permitting gaming licensees and their officers, employees and agents to question, take into custody and detail persons suspected of cheating; and providing other matters properly relating thereto.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 465 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section:
(a) Establishment has the meaning ascribed to it in NRS 463.0109.
(b) Licensee has the meaning ascribed to it in NRS 463.0119.
2. Any licensee, or his officers, employees or agents may question any individual in his establishment suspected of violating any of the provisions of NRS 465.080. No licensee or his officers, employees or agents shall be criminally or civilly liable on account of any such questioning.
3. Any licensee or his officers, employees or agents who have probable cause for believing that there has been a violation of NRS 465.080 in his establishment by any individual may take such person into custody and detain him in the establishment in a reasonable manner and for a reasonable length of time. Such taking into custody and detention shall not render such licensee or his officers, employees or agents, criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless such taking into custody and detention are unreasonable under all the circumstances.
κ1971 Statutes of Nevada, Page 581 (CHAPTER 328, AB 381)κ
4. No licensee, or his officers, employees or agents are entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place in his establishment a notice in boldface type clearly legible and in substantially this form:
Any gaming licensee, or his officers, employees or agents who have probable cause for believing that any person violated any provision of NRS 465.080 prohibiting cheating in gaming may detain such person in the establishment for the purpose of notifying a peace office.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 731Messrs. Homer, Getto, Howard and Jacobsen
CHAPTER 329
AN ACT relating to financial support of school districts; creating a petty cash account for county school districts; and providing other matters properly relating thereto.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 387 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The superintendent of schools of any county school district may withdraw by warrant against the county school district fund in the county treasury an amount of money to be deposited in a bank account as a petty cash account for the immediate payment, when necessary, of previously budgeted expenses of the county school district.
2. Such petty cash account shall not exceed $500, and subject to such limitation, may be replenished from time to time by warrant against the county school district fund in the county treasury.
3. Expenditures from such petty cash account shall be made by the superintendent or other person designated by the board of trustees.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 582κ
Assembly Bill No. 151Messrs. Ashworth and Lowman
CHAPTER 330
AN ACT relating to the taxicab authority; increasing its rulemaking power; providing for the imposition of trip charges and fines and a change in certain fees; providing penalties; and providing other matters properly relating thereto.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.8818 is hereby amended to read as follows:
706.8188 1. For each county of this state to which NRS 706.881 to 706.885, inclusive, apply, the governor shall, until December 31, 1971, appoint a taxicab authority consisting of three persons, who shall serve at his pleasure. On and after January 1, 1972, a taxicab authority shall consist of three members appointed by the governor. Of the first taxicab authority appointed, one member shall be appointed for a term of 1 year, one member for 2 years, and one member for 3 years. Vacancies occurring as a result of the expiration of such terms shall be filled by appointment for terms of 3 years. No member may serve for more than 6 years. No more than two of such persons may be members of the same political party, and no elected officer of the state or any political subdivision is eligible for appointment.
2. Each member of the taxicab authority is entitled to receive as compensation $40 for each day actually employed on work of the authority and reimbursement for necessary travel and per diem expenses in the manner provided by law.
3. The taxicab authority may, in accordance with the provisions of chapter 233B of NRS, make appropriate rules and regulations for the administration and enforcement of NRS 706.881 to 706.885, inclusive [.] , and as it may deem necessary, for the conduct of the taxicab business and the qualifications of and the issuance of permits to taxicab drivers, not inconsistent with the provisions of NRS 706.881 to 706.885, inclusive. Except to the extent of any inconsistency with the provisions of NRS 706.881 to 706.885, inclusive, every rule, regulation and order issued by the public service commission of Nevada shall remain effective in a county to which NRS 706.881 to 706.885, inclusive, apply until modified or rescinded by the taxicab authority, and shall be enforced by the taxicab authority.
Sec. 2. NRS 706.882 is hereby amended to read as follows:
706.882 For each county to which NRS 706.881 to 706.885, inclusive, apply, the governor shall, until December 31, 1973, appoint a taxicab administrator. On and after January 1, 1974, the governor shall appoint the taxicab administrator from a list of three names submitted to him by the taxicab authority, who shall serve at the pleasure of the governor. The administrator shall be in the unclassified service of the State of Nevada and is entitled to receive an annual salary in the amount specified in NRS 281.115. The taxicab authority may remove the administrator for good cause shown.
Sec. 3. NRS 706.8821 is hereby amended to read as follows:
706.8821 1. The administrator shall be responsible for the control and regulation of the taxicab industry in any county to which NRS 706.881 to 706.885, inclusive, apply and for the administration of NRS 706.881 to 706.885, inclusive.
κ1971 Statutes of Nevada, Page 583 (CHAPTER 330, AB 151)κ
and regulation of the taxicab industry in any county to which NRS 706.881 to 706.885, inclusive, apply and for the administration of NRS 706.881 to 706.885, inclusive.
2. The administrator shall appoint:
(a) One [administrative assistant, who is qualified as an] accountant and auditor [;
(b) Seven taxicab field investigators who shall be peace officers;
(c) One secretary; and
(d)] if the administrator is not so qualified; and
(b) Such other employees as may be necessary to enable the administrator properly to perform his official functions.
(c) Employees designated as taxicab field investigators shall be peace officers.
Sec. 4. NRS 706.8823 is hereby amended to read as follows:
706.8823 The administrator shall conduct hearings and submit recommendations for a final decision to the taxicab authority, which shall render a final decision in the following matters:
1. Allocation of taxicabs; [and]
2. Imposition of monetary penalties; and
3. Suspension or revocation of a certificate holders certificate of public convenience and necessity.
Sec. 5. NRS 706.8826 is hereby amended to read as follows:
706.8826 [A] On or after July 1, 1971, any certificate holder who is subject to an allocation order of the taxicab authority shall pay to the taxicab authority [$75] $100 per year for each taxicab that the taxicab authority has allocated to the certificate holder [.] and 5 cents per trip for each compensable trip of each such taxicab, which may be added to the meter charge. The funds so received by the taxicab authority shall be paid to the state treasurer and are hereby appropriated for the purpose of defraying the costs of regulating taxicabs in the county in which the certificate holder operates a taxicab business. Any balance remaining in such fund shall not revert to the general fund, but any balance over $50,000 remaining in such fund shall be used to refund certificate holders for such portion of the $100 paid as may be possible to a maximum of $95.
Sec. 6. NRS 706.8841 is hereby amended to read as follows:
706.8841 A taxicab driver shall pay to the administrator, in advance, the sum of [$12.50] $5 for an original drivers permit and $2.50 for a renewal. The funds so received by the administrator shall be paid to the state treasurer and are hereby appropriated to be used for the purpose of defraying the costs of regulating the taxicab industry in the State of Nevada.
Sec. 7. NRS 706.8843 is hereby amended to read as follows:
706.8843 1. A certificate holder shall not employ a driver unless the driver has obtained and has on his person:
(a) A valid drivers license for the State of Nevada obtained under the provisions of NRS 483.010 to 483.630, inclusive;
(b) A copy of a physicians certificate obtained pursuant to NRS 706.8842; and
(c) A drivers permit issued by the administrator [under NRS 706.884.] pursuant to rules and regulations of the taxicab authority.
κ1971 Statutes of Nevada, Page 584 (CHAPTER 330, AB 151)κ
2. A certificate holder shall, at the time he employs a driver, provide the driver with a complete copy of the rules and regulations described in NRS 706.8844 to 706.8849, inclusive, and such other rules and regulations as may be adopted by the taxicab authority, and require the driver to sign a statement that he has received a copy of the regulations and has read and familiarized himself with the contents thereof.
Sec. 8. NRS 706.885 is hereby amended to read as follows:
706.885 1. Any person who knowingly makes or causes to be made, either directly or indirectly, a false statement on an application, account or other statement required by the taxicab authority or the administrator or who violates any of the provisions of NRS 706.881 to 706.885, inclusive, is guilty of a misdemeanor.
2. The taxicab authority or administrator may at any time, for good cause shown, and upon at least 5 days notice to the grantee of any certificate, permit or license, and after a hearing had therefor, penalize such grantee to a maximum amount of $500 or suspend or revoke such certificate, permit or license granted by it or him, respectively [.] , for any violation of any provision of NRS 706.881 to 706.885, inclusive, or any rule or regulation of the taxicab authority or administrator.
3. The conviction of a person pursuant to subsection 1 does not bar the taxicab authority or administrator from suspending or revoking any certificate, permit or license of the person convicted. The imposition of a fine or suspension or revocation of any certificate, permit or license by the taxicab authority or administrator does not operate as a defense in any proceeding brought under subsection 1.
Sec. 9. NRS 706.884 is hereby repealed.
Sec. 10. This act shall become effective upon passage and approval.
________
Senate Bill No. 444Committee on Taxation
CHAPTER 331
AN ACT relating to intoxicating liquor licenses and taxes; redefining terms; extending the time for the transfer of funds and the keeping of tax records; revising license application procedure; permitting extension of time for payment; providing penalties for late payments; and providing other matters properly relating thereto.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 369.040 is hereby amended to read as follows:
369.040 1. As used in this chapter, liquor means beer, wine, gin, whiskey, cordials, ethyl alcohol or rum, and every liquid [or solid, patented or not,] containing one-half of 1 percent or more of alcohol by volume and which is used for beverage purposes.
2. Any liquid [or solid] containing beer or wine in combination with any other liquor shall not be construed to be beer or wine.
κ1971 Statutes of Nevada, Page 585 (CHAPTER 331, SB 444)κ
Sec. 2. NRS 369.050 is hereby amended to read as follows:
369.050 As used in this chapter, original package means any container or receptacle first used for holding liquor, which container or receptacle is [corked or] sealed.
Sec. 3. NRS 369.080 is hereby amended to read as follows:
369.080 As used in this chapter, person means [a natural person, partnership, association, company, corporation or organization, or the manager, agent, servant, officer or employee or any of them.] any individual, firm, partnership, association, company, corporation, organization, joint venture, social club, estate, trust, receiver, trustee, syndicate, cooperative, assignee, or any other group or combination acting as a unit, or the manager, agent, officer or employee of any of them.
Sec. 4. NRS 369.130 is hereby amended to read as follows:
369.130 As used in this chapter, wholesale dealer or wholesaler means a person licensed to sell liquor [in original packages] as it is originally packaged to retail liquor stores [,] or to another licensed wholesaler, but not to sell to the consumer or general public.
Sec. 5. NRS 369.170 is hereby amended to read as follows:
369.170 1. All revenues required to be paid to the state under this chapter shall be paid to the tax commission in the form of remittances payable to the Nevada tax commission. The tax commission shall transmit the payment to the state treasurer to be deposited in the state treasury to the credit of the liquor tax fund. The tax commission shall in transmitting each payment indicate the amount, if any, which is derived from the tax on liquor containing more than 22 percent of alcohol by volume.
2. Upon order of the state controller, the money in the liquor tax fund shall be drawn therefrom for refunds under this chapter, and except as otherwise provided in NRS 369.173, all money in the fund shall be transferred to the general fund [of the state on or before the last day of the month following each quarterly period of 3 months.] in the state treasury on or before the last day of each calendar month.
Sec. 6. NRS 369.190 is hereby amended to read as follows:
369.190 1. An application for any of the licenses described in NRS 369.180 shall be made to the board of county commissioners of the county in which the applicant maintains his principal place of business.
2. Each application shall:
(a) Be made on such form as the tax commission shall prescribed.
(b) Include the name and address of the applicant. If the applicant is [a] :
(1) A partnership, the application shall include the names and addresses of all partners. [If the applicant is a]
(2) A corporation, association or other organization, the application shall include the names and addresses of the president, vice president, secretary and managing officer or officers.
(3) A person carrying on or transacting business in this state under an assumed or fictitious name, the person making the application shall attach thereto:
(I) A certified copy of the certificate required by NRS 602.010.
(II) A certificate signed by an officer of the corporation or by each person interested in, or conducting or carrying on such business, or intending so to do, and acknowledged before some officer authorized to take acknowledgments of conveyances of real property, indicating the name of the authorized representative whose signature may be required on the license under the provisions of this chapter.
κ1971 Statutes of Nevada, Page 586 (CHAPTER 331, SB 444)κ
intending so to do, and acknowledged before some officer authorized to take acknowledgments of conveyances of real property, indicating the name of the authorized representative whose signature may be required on the license under the provisions of this chapter.
(c) Specify the location, by street and number, of the premises for which the license is sought.
(d) Be accompanied by the annual license fee required for the particular license for which application is made.
3. Each applicant for an importers license or for a wholesale wine or liquor dealers license or for a wholesale beer dealers license shall agree to establish and maintain a place of business in the State of Nevada, in good faith actually to carry on a bona fide wholesale business, and must keep on hand therein at all times liquor of a wholesale value of at least $1,000.
4. The board of county commissioners shall examine all applications filed with it, and in addition thereto shall require satisfactory evidence that the applicant is a person of good moral character.
Sec. 7. NRS 369.210 is hereby amended to read as follows:
369.210 Every license issued under this chapter shall set forth:
1. The name of the person to whom it is issued. [If the license is issued under a fictitious name, the license shall set forth, in addition to the fictitious name, the name or names of each of the persons conducting the business under the fictitious name.]
2. The location, by street and number, of the premises for which the license is issued.
3. The particular class of liquor or liquors that the licensee is authorized to sell.
Sec. 8. NRS 369.220 is hereby amended to read as follows:
369.220 Each license shall:
1. Be signed by the licensee [.] or the authorized representative of the licensee.
2. Be posted in a conspicuous place in the premises for which it was issued.
3. Be nontransferrable, except that upon prior written notice to the tax commission the location of the premises for which it was issued may be changed.
Sec. 9. NRS 369.330 is hereby amended to read as follows:
369.330 Except as otherwise provided in this chapter, an excise tax is hereby levied and shall be collected respecting all liquor and upon the privilege of importing, possessing, storing or selling liquor, according to the following rates and classifications:
1. On liquor containing more than 22 percent of alcohol by volume, $1.90 per wine gallon or proportionate part thereof.
2. On liquor containing more than 14 percent up to and including 22 percent of alcohol by volume, 50 cents per wine gallon or proportionate part thereof.
3. On liquor containing [more than] from one-half of 1 percent up to and including 14 percent of alcohol by volume, 30 cents per wine gallon or proportionate part thereof.
κ1971 Statutes of Nevada, Page 587 (CHAPTER 331, SB 444)κ
4. On all malt beverage liquor brewed or fermented and bottled in or outside this state, 6 cents per gallon.
Sec. 10. NRS 369.370 is hereby amended to read as follows:
369.370 1. For the privilege of importing, possessing, storing or selling liquors, all licensed importers and manufacturers of liquor in this state shall pay the excise tax imposed and established by this chapter.
2. If, after such tax is paid on any such liquor, satisfactory evidence is presented to the tax commission that such imports have been actually exported and sold outside this state not in conflict with the law of the place of sale, the tax commission shall direct that a refund or credit of the tax so paid shall be made to the taxpayer. The taxpayer shall report all such exports and report all such imports, and pay the tax on such imports monthly, on forms and subject to regulations prescribed by the tax commission.
3. [If all tax due for imports during a particular month is paid before the 15th day of the following month, a discount of 3 percent of the tax due shall be allowed to the taxpayer.] The excise tax imposed by this chapter is due and payable on or before the 20th day of the following month. If all such taxes are paid on or before the 15th day of the following month, a discount in the amount of 3 percent of the tax shall be allowed to the taxpayer. If such tax is not paid when due there shall be added thereto a penalty of 5 percent, together with interest thereon at the rate of 1 percent per month, or any fraction thereof, from the date due until paid. The tax commission may, for good cause, extend for not more than 15 days after the due date the time for paying the tax if a request for such an extension of time is received by the tax commission on or before the due date. If such extension is granted, interest shall accrue from the original due date.
4. The tax commission shall [make rules and regulations for determining the type and quantity of liquor actually imported and received by the importer and actually used by the importer, so as to relieve the importer from taxation] allow refunds or credits on any shipments lost, stolen or damaged in transit, or damaged or spoiled on the premises, and may require all claims in connection therewith to be sworn to and make ratable tax adjustments, credits or refunds in the premises to effectuate the purposes of this chapter.
Sec. 11. NRS 369.390 is hereby amended to read as follows:
369.390 1. An importers license [or permit] shall authorize the holder thereof to be the first person in possession of such liquors within the State of Nevada after completion of the act of importation of liquors which are brewed, fermented or produced outside of the state.
2. An importers license [or permit] shall permit the holder thereof to import liquor to the place specified therein and to no other place. It shall not authorize the sale or transfer for sale of any type of liquor. In order to make such sale or transfer the licensee must first secure the appropriate license or licenses applicable to the class or classes of business in which he is engaged. The transfer of liquor from a licensed importer to himself as a licensed wholesaler shall not be deemed a sale.
Sec. 12. NRS 369.440 is hereby amended to read as follows:
κ1971 Statutes of Nevada, Page 588 (CHAPTER 331, SB 444)κ
369.440 [1.] By regulation, the tax commission shall prescribe the form of and conditions for obtaining a permissible persons certificate, which shall be printed and distributed on request to any person or representative of any institution, school, hospital, or church desiring to import liquor for industrial, medical, scientific or sacramental purposes.
[2. Shipments to permissible persons shall be subject to the regulations mentioned in NRS 369.430 respecting certificates of compliance.]
Sec. 13. NRS 369.520 is hereby amended to read as follows:
369.520 All persons obtaining liquor under any license or permit and all retail liquor dealers shall preserve for inspection and audit by the tax commission and its agents, for a period of [2] 4 years, all invoices and lists of liquors purchased or received, specifying:
1. Kind and quantity of liquor.
2. Names of persons from whom received.
3. Place and date.
Sec. 14. NRS 369.020, 369.060 and 369.110 are hereby repealed.
________
Assembly Bill No. 6Messrs. Bryan, Dreyer, Fry, May, Branch, Olsen, Hilbrecht and Mrs. Brookman
CHAPTER 332
AN ACT providing for the observance of certain legal holidays on Fridays; permitting the governor to declare a certain number of legal holidays; requiring state offices to remain open during the noon hour; repealing a conflicting statute; and providing other matters properly relating thereto.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 1.130 is hereby amended to read as follows:
1.130 1. No court except a justices court or a municipal court shall be opened nor shall any judicial business be transacted except by a justices court or municipal court on Sunday, or on any day declared to be a legal holiday according to the provisions of NRS [236.010 or] 236.015, except for the following purposes:
(a) To give, upon their request, instructions to a jury then deliberating on their verdict.
(b) To receive a verdict or discharge a jury.
(c) For the exercise of the power of a magistrate in a criminal action or in a proceeding of a criminal nature.
(d) For the issue of a writ of attachment, which may be issued on each and all of the days above enumerated upon the plaintiff, or some person in his behalf, setting forth in the affidavit required by law for obtaining the writ the additional averment as follows: That the affiant has good reason to believe, and does believe, that it will be too late for the purpose of acquiring a lien by the writ to wait until subsequent day for the issuance of the same. All proceedings instituted, and all writs issued, and all official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect of proceedings commenced on other days, whether a lien be obtained or a levy made under and by virtue of the writ.
κ1971 Statutes of Nevada, Page 589 (CHAPTER 332, AB 6)κ
issued, and all official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect of proceedings commenced on other days, whether a lien be obtained or a levy made under and by virtue of the writ.
2. Nothing herein contained shall affect private transactions of any nature whatsoever.
Sec. 2. NRS 223.130 is hereby amended to read as follows:
223.130 1. The governor shall have the power to issue proclamations designating certain days or weeks as holidays or legal holidays for purposes of celebration or otherwise. The governor shall not declare more than two legal holidays in any 1 calendar year.
2. All days declared by the governor to be legal holidays shall be observed by the closing of all offices of the state and subdivisions thereof, the courts, the University of Nevada System, public schools, unless all or part thereof are specifically exempted.
3. All days declared by the governor to be holidays only may be observed throughout the state by appropriate exercises in the public schools, or may be restricted to certain counties, cities or districts within the state.
Sec. 3. NRS 236.015 is hereby amended to read as follows:
236.015 1. On and after January 1, 1971, the following days are declared to be legal holidays for state and county government offices:
January 1 (New Years Day)
Third Monday in February (Washingtons Birthday)
Last Monday in May (Memorial Day)
July 4 (Independence Day)
First Monday in September (Labor Day)
Fourth Monday in October (Veterans Day)
October 31 (Nevada Day)
Fourth Thursday in November (Thanksgiving Day)
December 25 (Christmas Day)
Any day that may be appointed by the President of the United States or by the governor for public fast, thanksgiving or as a legal holiday.
2. All state and county offices, courts, banks, savings and loan associations and the University of Nevada System shall close on the legal holidays enumerated in subsection 1 unless in the case of appointed holidays all or a part thereof are specifically exempted.
3. If January 1, July 4, October 31 or December 25 falls upon a:
(a) Sunday, the Monday following shall be observed as a legal holiday.
(b) Saturday, the Friday preceding shall be observed as a legal holiday.
Sec. 4. NRS 281.110 is hereby amended to read as follows:
281.110 1. The offices of all state officers, departments, boards, commissions and agencies shall:
(a) Maintain not less than a 40-hour workweek.
(b) Be open for the transaction of business at least from 8 a.m. until 12 m. and from 1 p.m. until 5 p.m. every day of the year, with the exception of Saturdays, Sundays and [public] legal holidays.
2. [Where conditions and the size of the staff permit, the] The offices of all state officers, departments, boards, commissions and agencies shall remain open during the noon hour of each regular working day [.]
κ1971 Statutes of Nevada, Page 590 (CHAPTER 332, AB 6)κ
of all state officers, departments, boards, commissions and agencies shall remain open during the noon hour of each regular working day [.] if any such office has more than one person on its staff.
Sec. 5. Chapter 140, Statutes of Nevada 1971, is hereby repealed.
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 3Messrs. Glaser and Wilson
CHAPTER 333
AN ACT relating to education; creating the advisory council for manpower planning and career education; describing the powers and duties of such council; and providing other matters properly relating thereto.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 34 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 17, inclusive, of this act.
Sec. 2. This chapter may be known and cited as the Manpower Training and Career Education Advisory Act of 1971.
Sec. 3. As used in sections 2 to 17, inclusive, of this act, the terms defined in sections 4 to 6, inclusive, of this act, have the meanings ascribed to them in sections 4 to 6, inclusive, of this act.
Sec. 4. Advisory council means the advisory council for manpower training and career education.
Sec. 5. Manpower delivery means all types of educational and training programs designed to train individuals to enter the labor market or to upgrade individuals into a higher job category through career education, skill training or some other technique.
Sec. 6. Manpower training means all programs designed to provide a comprehensive system of manpower delivery services.
Sec. 7. 1. There is hereby created the state advisory council for manpower training and career education, which shall consist of 21 members.
2. The members shall be appointed by the state board for vocational education and certified by the governor.
3. The advisory council shall select one of its members as chairman.
Sec. 8. 1. The members of the advisory council shall be from or represent the following:
(a) Management.
(b) Labor.
(c) Department of commerce.
(d) Department of economic development.
(e) Employment security department.
(f) A person having special knowledge, experience or qualifications with respect to the special educational and vocational rehabilitation needs of physically or mentally handicapped persons.
κ1971 Statutes of Nevada, Page 591 (CHAPTER 333, AB 3)κ
(g) The general public
(h) A person having special knowledge of the poor and disadvantaged.
(i) A local school district.
(j) A person having special knowledge in the field of health.
(k) A person familiar with vocational education programs offered in institutions of higher education.
(l) A person familiar with the administration of state and local vocational education problems.
(m) A person familiar with vocational education administrative problems who is not involved in administration at either the state or local level.
(n) The governors office.
(o) A school system with large concentrations of academically, socially, economically and culturally disadvantaged persons.
(p) A secondary vocational classroom teacher.
2. The advisory council may appoint such ex officio members as desired to carry out effectively its advisory responsibilities.
Sec. 9. 1. The initial terms of members of the advisory council shall be as follows:
(a) Seven members shall be appointed to serve until June 30, 1972.
(b) Seven members shall be appointed to serve until June 30, 1973.
(c) Seven members shall be appointed to serve until June 30, 1974.
2. After the expiration of the terms provided in subsection 1, the term of each succeeding member shall be 4 years.
3. Members currently serving on the state advisory council for vocational education and representing the categories in section 8 of this act shall continue to serve until their appointments expire.
4. In the event of a vacancy on the advisory council a successor shall be appointed, in the same manner as the original appointment, to fill the unexpired portion of the term.
Sec. 10. 1. The advisory council shall hold at least one meeting every 3 months.
2. Members shall receive no compensation for their services but shall be entitled to receive their traveling expenses and per diem allowance as provided by law. Claims for such traveling expenses and per diem allowance shall be approved by the chairman or his designee from appropriations and authorizations.
3. The advisory council shall adopt a code of bylaws for the orderly transaction of its business.
Sec. 11. 1. The advisory council shall:
(a) Evaluate career education and manpower training programs, services and activities operated by institutions, agencies or departments engaged in manpower delivery services.
(b) Recommend the coordination of career education and manpower training programs offered throughout the state to those institutions, agencies or departments engaged in manpower delivery services.
(c) Advise in the development of a state plan for a comprehensive manpower system in conjunction with the Manpower Development and Training Act of 1962 and any other federal act dealing with manpower development and training.
(d) Recommend the use of cooperative programs among the educational institutions and other agencies, divisions or departments engaged in manpower delivery to reduce duplication of effort and achieve a better utilization of personnel and facilities in implementing manpower training and career education programs.
κ1971 Statutes of Nevada, Page 592 (CHAPTER 333, AB 3)κ
manpower delivery to reduce duplication of effort and achieve a better utilization of personnel and facilities in implementing manpower training and career education programs.
2. Departments, boards, commissions, bureaus, agencies or institutions supported in whole or in part by state and federal funds or state or federal funds are encouraged to cooperate with the advisory council in attempting to effect the recommendations of the advisory council.
Sec. 12. The advisory council shall serve in an advisory capacity to:
1. The state board for vocational education as specified in the Nevada state plan for vocational education and in Public Law 90576, 90th Congress, as may be amended, and shall prepare and submit to the state board for vocational education an annual evaluation report.
2. Institutions, agencies and departments engaged in manpower development and manpower delivery systems utilizing federal funds in whole or in part.
3. The governors manpower planning council, committee or any other such body as may be established to perform such functions.
Sec. 13. The advisory council shall assist in an advisory capacity to the state board for vocational education concerning methods of funding existing and future career education and manpower training programs.
Sec. 14. The advisory council shall appoint an executive director in the unclassified service of the state and such other classified technical, clerical and operational staff, pursuant to chapter 284 of NRS, as the execution of its duties may require within the limits of appropriations and authorizations made by the legislature to the advisory council.
Sec. 15. The advisory council may contract with any state or federal agency, or any corporation or individual, to carry out the purposes of this chapter and as specified in Public Law 90576, 90th Congress, to carry out its evaluative functions.
Sec. 16. The advisory council may accept gifts and contributions made available by any political subdivision of this state, any public or private corporation, individual or group of individuals, or the Federal Government to carry out the purposes of this chapter.
Sec. 17. The advisory council shall prepare and submit, through the various boards, except the state board for vocational education, agencies, divisions and departments engaged in manpower delivery services, to the governor, an annual evaluation report concerning the effectiveness of education and training programs, services and activities carried out under the year in review.
________
κ1971 Statutes of Nevada, Page 593κ
Senate Bill No. 304Committee on Finance
CHAPTER 334
AN ACT relating to public officers and employees; making certain increases in the allowance for traveling expenses.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.005 is hereby amended to read as follows:
281.005 As used in this chapter [, public officer] :
1. Public officer means a person elected or appointed to a position which:
[1.] (a) Is established by the constitution or a statute of this state, or by a charter or ordinance of a political subdivision of this state; and
[2.] (b) Involves the continuous exercise, as part of the regular and permanent administration of the government, of a public power, trust or duty.
2. Special use vehicle means any vehicle designed or used for the transportation of persons or property off paved highways.
Sec. 2. NRS 281.160 is hereby amended to read as follows:
281.160 1. Except as otherwise provided by law, when any district judge, state officer, commissioner, representative of the state, or other state employee of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public funds, whether the public funds are funds received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, shall be entitled to receive his expenses in the transaction of public business outside the municipality or other area in which his principal office is located, such person shall be paid up to $20 for each 24-hour period during which he is away from such office and within the state, and up to $25 for each 24-hour period during which he is outside the state.
2. Such person may receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners.
3. Any person enumerated in subsection 1 may receive an allowance for transportation pursuant to public business, whether within or without the municipality or other area in which his principal office is located. Transportation shall be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles [.] and special use vehicles. The allowance for travel by private conveyance is [10] 12 cents per mile so traveled, except that if a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is [6] 7 1/2 cents per mile so traveled.
4. The state board of examiners may establish a transportation allowance for the use of private, special use vehicles on public business by any person enumerated in subsection 1, whether within or without the municipality or other area in which his principal office is located. Such allowance shall be established:
(a) At rates higher than the rates established in subsection 3.
κ1971 Statutes of Nevada, Page 594 (CHAPTER 334, SB 304)κ
(b) Except as provided in paragraph (c), at a rate of not more than 20 cents per mile so traveled.
(c) When the special use vehicle is used for reasons of personal convenience, at a rate of not more than 12 cents per mile so traveled.
5. The state board of examiners may adopt regulations, and may require other state agencies to adopt regulations, in accordance with the purpose and intent of this section, and a state agency may, with the approval of the state board of examiners, adopt an expense reimbursement rate of less than $20 for travel within the state and $25 for travel outside the state for each 24-hour period where unusual circumstances make such rate desirable.
[5.] 6. Before any district judge, state officer, commissioner, representative or other employee of the state shall travel on official business outside the state, he shall make written request for and receive permission for such travel as provided in this subsection. Requests shall be submitted, on forms approved by the state board of examiners, to the budget division of the department of administration at least 10 working days prior to the beginning of travel and no travel shall be authorized except after having been approved by the budget division. The budget division may refuse permission for such travel only if there are insufficient funds for out-of-state travel or if the method of travel does not conform to the regulations approved by the state board of examiners. If the budget division disapproves such request for permission to travel, the applicant therefor may appeal the decision to the state board of examiners, whose decision shall be rendered at its next regular meeting. Such determination shall be final. In emergencies, the budget division, upon good cause shown by the applicant, may consider request for travel submitted to it less than 10 working days prior to the beginning of travel. Claims for reimbursement for travel which are not approved by the budget division shall be considered by the state board of examiners at a regular meeting.
________
Senate Bill No. 449Committee on Taxation
CHAPTER 335
AN ACT relating to revenue and taxation; making deficiency determinations by the Nevada tax commission applicable to all taxes; providing penalties and permitting the tax commission to grant relief therefrom; and providing other matters properly relating thereto.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto the provisions set forth in sections 2 to 13, inclusive, of this act.
Sec. 2. If the tax commission is not satisfied with the return or returns of any tax or amount of tax required to be paid to the state by any person, in accordance with the applicable provisions of this Title as administered by the tax commission, it may compute and determine the amount required to be paid upon the basis of the facts contained in the return or upon the basis of any information within its possession or that may come into its possession.
κ1971 Statutes of Nevada, Page 595 (CHAPTER 335, SB 449)κ
administered by the tax commission, it may compute and determine the amount required to be paid upon the basis of the facts contained in the return or upon the basis of any information within its possession or that may come into its possession. One or more deficiency determinations may be made of the amount due for one or for more than one period.
Sec. 3. In making a determination the tax commission may offset overpayments for a period or periods, together with interest on the overpayments, against underpayments for another period or periods, against penalties, and against the interest on underpayments.
Sec. 4. If any part of the deficiency for which a deficiency determination is made is due to negligence or intentional disregard of any applicable provisions of this Title, or the authorized rules and regulations of the tax commission, a penalty of 5 percent of the amount of the determination shall be added thereto.
Sec. 5. If any part of the deficiency for which a deficiency determination is made is due to fraud or an intent to evade the provisions of this Title, or the authorized rules and regulations of the tax commission, a penalty of 25 percent of the amount of the determination shall be added thereto.
Sec. 6. 1. The tax commission shall give the taxpayer written notice of its determination.
2. The notice may be served personally or by mail; if by mail, the notice shall be addressed to the taxpayer at his address as it appears in the records of the tax commission.
3. In the case of service by mail of any notice required, the service is complete at the time of deposit in the United States post office.
Sec. 7. Any person against whom a deficiency determination is made may petition for a redetermination within 30 days after he is served with notice of such determination. If a petition is not filed within the 30-day period, the determination becomes final at the expiration of the period.
Sec. 8. 1. If a petition for redetermination is filed within the 30-day period, the tax commission shall reconsider the determination and, if the person has so requested in his petition, grant the person an oral hearing and give him 10 days notice of the time and place of the hearing.
2. The tax commission may continue the hearing from time to time as may be necessary.
Sec. 9. The tax commission may decrease or increase the amount of the determination before it becomes final, but the amount may be increased only if a claim for the increase is asserted by the tax commission at or before the hearing.
Sec. 10. The order of the tax commission upon a petition for redetermination becomes final 30 days after service upon the petitioner of notice thereof.
Sec. 11. All determinations made by the tax commission under the authority of this act are due and payable at the time they become final, except that the tax commission may grant an extension of up to 15 days for good cause if the taxpayer makes a written application to the tax commission prior to the time such determination becomes final. A penalty of 5 percent of the amount of the determination, exclusive of interest, shall be added thereto if any determination is not paid when due. Interest shall accrue from the time when the determination becomes due and payable.
κ1971 Statutes of Nevada, Page 596 (CHAPTER 335, SB 449)κ
Sec. 12. The amount of the determination, exclusive of penalties, shall bear interest at the rate of 1 percent per month from the date on which such amount, or any portion thereof, became due and payable until the date of payment.
Sec. 13. 1. If the tax commission finds that a persons failure to make a timely return or payment is due to circumstances beyond his control and occurred notwithstanding the exercise of ordinary care and in the absence of willful neglect, the tax commission may relieve such person of all or part of any penalty imposed by it.
2. Any person seeking relief from such penalty shall file with the tax commission a statement under oath setting forth the facts upon which he bases his claim for relief.
Sec. 14. This act shall become effective upon passage and approval.
________
Assembly Bill No. 302Mr. Fry (by request)
CHAPTER 336
AN ACT relating to criminal procedure; restricting the changing of defendants counsel after the trial has commenced; and providing other matters properly relating thereto.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 175 of NRS is hereby amended by adding thereto a new section which shall read as follows:
If a counsel seeks to withdraw from the case or is discharged by the defendant for the purpose of delaying the trial, the court shall not allow the counsel to be changed. The counsel for a defendant may not be changed after a trial has commenced except upon good cause shown to the court.
________
Senate Bill No. 227Committee on Judiciary
CHAPTER 337
AN ACT relating to criminal procedure; permitting voluntary dismissal of indictments, informations or complaints without prejudice to bringing new proceedings under certain circumstances; and providing other matters properly relating thereto.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 174.085 is hereby amended to read as follows:
174.085 1. If the defendant was formerly acquitted on the ground of variance between the indictment, information or complaint and proof, or the indictment, information, or complaint was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense without a judgment of acquittal, it is not an acquittal of the same offense.
κ1971 Statutes of Nevada, Page 597 (CHAPTER 337, SB 227)κ
or the indictment, information, or complaint was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense without a judgment of acquittal, it is not an acquittal of the same offense.
2. Whenever the defendant is acquitted on the merits, he is acquitted of the same offense, notwithstanding any defect in form or substance in the indictment, information, or complaint on which the trial was had.
3. When the defendant is convicted or acquitted, or has been once placed in jeopardy upon an indictment, information or complaint, except as provided in subsection 5, the conviction, acquittal or jeopardy is a bar to another indictment, information or complaint for the offense charged in the former, or for an attempt to commit the same, or for an offense necessarily included therein, of which he might have been convicted under that indictment, information or complaint.
4. In all cases where a jury is discharged or prevented from giving a verdict by reason of any accident or other cause, except where the defendant is discharged during the progress of the trial or after the cause is submitted to them, the cause may be again tried.
5. The district attorney of any county may voluntarily dismiss an indictment, information or complaint at any time prior to the actual arrest or incarceration of the defendant without prejudice to the right to bring another indictment, information or complaint. After arrest or incarceration of the defendant, he may do so, without prejudice to such right, only upon good cause shown to the court and upon written findings and a court order to that effect.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 356Committee on Judiciary
CHAPTER 338
AN ACT relating to bail sureties and the absence of the defendant; extending the forfeiture deadline; permitting the court to exonerate the surety prior to forfeiture in certain circumstances; and providing other matters properly relating thereto.
[Approved April 16, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 178 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Prior to the expiration of 90 days, after notice of intent to forfeit is mailed, the court may exonerate the surety upon such terms as may be just when:
(a) The defendant appears before the court and presents a satisfactory excuse or the court is satisfied that the surety did not in any way cause or aid the absence of the defendant.
(b) It appears to the satisfaction of the court that the defendant is dead or otherwise unable to appear because of his permanent illness, insanity or detention by civil or military authorities and that the surety did not in any way cause or aid the absence of the defendant.
κ1971 Statutes of Nevada, Page 598 (CHAPTER 338, AB 356)κ
insanity or detention by civil or military authorities and that the surety did not in any way cause or aid the absence of the defendant.
2. If, prior to the expiration of 90 days, after notice of intent to forfeit is mailed, it appears to the satisfaction of the court that:
(a) The defendant is temporarily prevented from appearing before the court because of his illness, insanity or detention by civil or military authorities and his absence is not in any way caused or aided by the surety; or
(b) A reasonable period is necessary to return the defendant to the court upon termination of such temporary disability,
the court may determine that such period is excluded from the running of the 90-day period after mailing of the notice of intent to forfeit.
Sec. 2. NRS 178.506 is hereby amended to read as follows:
178.506 If there is a breach of condition of a bond, the court shall declare a forfeiture of the bail [.] , subject to the provisions of NRS 178.508 and section 1 of this act.
Sec. 3. NRS 178.508 is hereby amended to read as follows:
178.508 [If] If the defendant fails to appear when his presence in court is lawfully required and not excused, the court shall direct the fact of such failure to appear to be entered upon its minutes, and if the undertaking or money deposited instead of bail bond is in excess of $50, the court shall direct that the sureties first be given notice by certified mail that the defendant has failed to appear [, and the] and shall execute an affidavit of such mailing to be kept as an official public record of the court. The undertaking or money instead of bail bond shall not be declared forfeited until [30] 90 days after the notice is mailed [.] or shall be disposed of as provided in section 1 of this act. A copy of the notice shall be transmitted to the district attorney at the time notice is given to the sureties.
________
Assembly Bill No. 144Mr. McKissick
CHAPTER 339
AN ACT relating to motor vehicle liability insurance policies insuring against bodily injury or death; increasing liability coverage against an uninsured motorist; and providing other matters properly relating thereto.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 693.115 is hereby amended to read as follows:
693.115 1. No automobile liability or motor vehicle liability policy insuring against loss resulting from liability imposed for bodily injury or death may be delivered or issued for delivery in this state unless coverage is provided or supplemental to such policy for the protection of persons insured under such policy who are legally entitled to recover damages from owners or operators of uninsured motor vehicles.
2. Such coverage shall [be in] not be less than the limits for bodily injury or death as set forth in NRS 485.210 [.]
κ1971 Statutes of Nevada, Page 599 (CHAPTER 339, AB 144)κ
injury or death as set forth in NRS 485.210 [.] , but may be in an amount not to exceed the bodily injury coverage purchased by the policyholder.
3. The named insured may, in writing, reject such coverage, and such coverage need not be provided in or supplemental to a renewal policy where the named insured has rejected such coverage in connection with a policy previously issued to him by the same insurer, unless the named insured makes written request therefor.
4. No provision for arbitration contained in an automobile liability or motor vehicle liability policy delivered, issued for delivery or renewed in this state after August 18, 1967, is binding upon the named insured or any person claiming under him.
5. No judgment in any action between the named insured or any person claiming under him and the owner or operator of an uninsured motor vehicle is binding upon the insurer with respect to the existence or amount of any liability under the coverage required by this section.
6. As used in this section, uninsured motor vehicle means a motor vehicle:
(a) With respect to which there is not available at the department of motor vehicles evidence of financial responsibility as required by chapter 485 of NRS.
(b) With respect to the ownership, maintenance or use of which there is no bodily injury liability insurance or bond applicable at the time of the accident, or, to the extent of such deficiency, any bodily injury liability insurance or bond in force is less than the amount required by NRS 485.210;
(c) With respect to the ownership, maintenance or use of which the company writing any applicable bodily injury liability insurance or bond denies coverage or is insolvent;
(d) Used without the permission of its owner if there is no bodily injury liability insurance or bond applicable to the operator; or
(e) The owner or operator of which is unknown or after reasonable diligence cannot be found if:
(1) The bodily injury or death has resulted from physical contact of such automobile with the named insured or the person claiming under him or with an automobile which the named insured or such person is occupying; and
(2) The named insured or someone on his behalf has reported the accident within the time required by NRS 484.223 to 484.227, inclusive, to the police department of the city where it occurred, or if it occurred in an unincorporated area, to the sheriff of the county or to the highway patrol.
7. A vehicle involved in a collision which results in bodily injury or death shall be presumed to be an uninsured motor vehicle if no evidence of financial responsibility is supplied to the department of motor vehicles in the manner required by chapter 485 of NRS within 60 days after the collision occurs.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1971.
________
κ1971 Statutes of Nevada, Page 600κ
Senate Bill No. 212Committee on Federal, State and Local Governments
CHAPTER 340
AN ACT permitting closed meetings between a local government employer and his management representative.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 288.220 is hereby amended to read as follows:
288.220 The following proceedings, required by or pursuant to this chapter, are not subject to any provision of chapter 241 of NRS:
1. Any negotiation or informal discussion between a local government employer and an employee organization or employees as individuals, whether conducted by the governing body or through a representative or representatives.
2. Any meeting of a mediator with either party or both parties to a negotiation.
3. Any meeting or investigation conducted by a factfinding panel.
4. Any meeting of the governing body of a local government employer with its management representative or representatives.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 469Committee on Judiciary
CHAPTER 341
AN ACT specifically permitting the state contractors board to establish, broaden, limit or otherwise effectuate contracting business classifications within certain limits; and providing other matters properly relating thereto.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 624.215 is hereby amended to read as follows:
624.215 1. For the purpose of classification, the contracting business includes any or all of the following branches:
(a) General engineering contracting.
(b) General building contracting.
(c) Specialty contracting.
2. A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works, including irrigation, drainage, water supply, water power, flood control, harbors, railroads, highways, tunnels, airports and airways, sewers and sewage disposal systems, bridges, inland waterways, pipelines for transmission of petroleum and other liquid or gaseous substances, refineries, chemical plants and industrial plants requiring a specialized engineering knowledge and skill, power plants, piers and foundations and structures or work incidental thereto.
κ1971 Statutes of Nevada, Page 601 (CHAPTER 341, SB 469)κ
and skill, power plants, piers and foundations and structures or work incidental thereto.
3. A general building contractor is a contractor whose principal contracting business is in connection with any structures built, being built, or to be built, for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in its construction the use of more than two unrelated building trades or crafts, or to do or superintend the whole or any part thereof.
4. A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.
5. Nothing in this section shall prevent the board from establishing, broadening, limiting or otherwise effectuating classifications in a manner consistent with established custom usage and procedure found in the construction business. The board is specifically prohibited from establishing classifications in such a manner as to determine or limit craft jurisdictions.
________
Assembly Bill No. 642Mr. Jacobsen
CHAPTER 342
AN ACT eliminating the prohibition against parole by the state board of parole commissioners of a prisoner who has previously been convicted more than three times of a felony and served terms in a penal institution.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 213.110 is hereby amended to read as follows:
213.110 1. Subject to the provisions of NRS 213.120, the board shall have power to establish rules and regulations under which any prisoner who is now or hereafter may be imprisoned in the state prison [and who has not previously been more than three times convicted of a felony and served a term in a penal institution] may be allowed to go upon parole outside of the buildings or inclosures, but to remain, while on parole, in the legal custody and under the control of the board and subject at any time to be taken within the inclosure of the state prison.
2. The board, for good cause and in order to permit induction into the military service of the United States, may suspend paroles during the period of the parolees active service after induction into the military service.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 602κ
Assembly Bill No. 734Messrs. Hafen, Swallow, Prince, Swackhamer, Glaser, Dini, Getto, Howard, Miss Hawkins and Mr. Jacobsen
CHAPTER 343
AN ACT relating to highways; permitting cooperative agreements for the improvement of rural roads; and providing other matters properly relating thereto.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. The department may enter into cooperative agreements with any board of county commissioners in the state for the improvement of any rural road in the state highway system.
2. Roads improved pursuant to this section shall belong to the county and shall be maintained at the expense of the county.
3. All agreements entered into pursuant to this section shall be approved by the board, and no funds shall be expended pursuant to such agreements except upon authorization by the board.
Sec. 3. 1. The board shall determine the priority of improvement of any road proposed pursuant to section 2 of this act.
2. The board shall not authorize the expenditure of funds for any agreement entered into pursuant to section 2 of this act until it first determines that the county is able to perform its pro rata share of the improvement and that it will maintain the project as required by the agreement.
Sec. 4. The department shall determine standards to be met in the project.
Sec. 5. Every agreement entered into pursuant to section 2 of this act shall specify:
1. The type of improvement required to produce an adequate road.
2. The percentage of the cost or participation of the state.
3. The percentage of the cost or participation of the county.
________
Assembly Bill No. 776Committee on Government Affairs
CHAPTER 344
AN ACT incorporating the City of Carlin, in Elko County, Nevada; defining the boundaries thereof; and providing other matters properly relating thereto.
[Approved April 17, 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 Carlin 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 603 (CHAPTER 344, AB 776)κ
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 Carlin and the general welfare of its citizens the legislature hereby establishes this charter for the government of the City of Carlin. 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 or NRS) which are not in conflict with the provisions of this charter apply to the City of Carlin.
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 Carlin 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 Carlin.
Sec. 1.030 Description of territory. The territory embraced in the city is that certain land situated in Elko County described as follows: Beginning at the Northeast corner of Section 23, T. 33 N., R. 52 E., M.D.B. & M., thence 3 miles west to the Northwest corner of Section 21, thence south 3 miles to the Southwest corner of Section 33, thence east 3 miles to the Southeast corner of Section 35, thence north 3 miles to the Northwest corner of Section 23, the place of beginning; all in T. 33 N., R. 52 E., M.D.B. & M.
Sec. 1.040 Annexations. The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to counties having a population of less than 200,000.
Sec. 1.050 Elective offices.
1. The elective officers of the city consist of:
(a) A mayor.
(b) 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. The appointee shall have the same qualifications as are required of the elective official.
κ1971 Statutes of Nevada, Page 604 (CHAPTER 344, AB 776)κ
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) City treasurer.
(c) Chief of police.
(d) City engineer.
(e) City attorney.
(f) City auditor.
(g) Municipal judge, if the office of justice of the peace of Carlin Township ceases to exist.
2. The board of councilmen shall establish such other offices as it may deem necessary.
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.
κ1971 Statutes of Nevada, Page 605 (CHAPTER 344, AB 776)κ
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 first holding office under this charter shall each receive a monthly salary of $35 during the terms for which they were elected, selected or appointed. Thereafter, subject to the provisions of subsection 5 of section 2.090, 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.
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.
κ1971 Statutes of Nevada, Page 606 (CHAPTER 344, AB 776)κ
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 posted at two public bulletin boards within the city at least 2 days 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.
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.
κ1971 Statutes of Nevada, Page 607 (CHAPTER 344, AB 776)κ
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 Carlin 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 posted at two public bulletin boards 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 posting.
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 posted.
4. All ordinances shall be signed by the mayor, attested by the city clerk, and shall be posted, together with the names of the councilmen voting for or against passage, at two public bulletin boards in the city for at least 1 week before the ordinance shall become effective. The board of councilmen may, by majority vote, order the publication of the ordinance in full in a newspaper of general circulation within the city in lieu of posting.
5. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of posting and publication by the publisher.
Sec. 2.120 Codification or 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.
κ1971 Statutes of Nevada, Page 608 (CHAPTER 344, AB 776)κ
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 Carlin.
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.
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:
κ1971 Statutes of Nevada, Page 609 (CHAPTER 344, AB 776)κ
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.
(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.
κ1971 Statutes of Nevada, Page 610 (CHAPTER 344, AB 776)κ
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. 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 street car in any public right-of-way.
2. Grant franchises to any person or corporation to operate a railroad or street car 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 or moving thereon.
6. Require railroad companies to fence their tracks and to construct cattle guards and crossings and to keep them in repair.
κ1971 Statutes of Nevada, Page 611 (CHAPTER 344, AB 776)κ
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.
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.
κ1971 Statutes of Nevada, Page 612 (CHAPTER 344, AB 776)κ
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.
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 provisions 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.
κ1971 Statutes of Nevada, Page 613 (CHAPTER 344, AB 776)κ
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 if so designated by the board of councilmen.
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.
2. The city attorney shall be the legal officer of the city and shall perform such duties as may be designated by ordinance or otherwise directed by the board of councilmen.
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.
1. In case of an emergency or a vacancy in the office of chief of police, the board of councilmen may appoint the constable of Carlin Township (if such office exists) to act as chief of police, and may fix, allow and pay a reasonable compensation for such services.
2. 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.
κ1971 Statutes of Nevada, Page 614 (CHAPTER 344, AB 776)κ
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 adjusted 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: Justice of peace of Carlin Township ex officio municipal judge, qualifications of municipal judge; salary.
1. The municipal court shall be presided over by the justice of the peace of Carlin Township as ex officio municipal judge.
2. If the office of justice of the peace of Carlin Township ceases to exist the municipal court shall be presided over by a municipal judge appointed by the board of councilmen. The municipal judge so appointed shall be:
(a) Not less than 25 years of age.
(b) A citizen of the United States.
(c) A resident of the city for a continuous 1-year period immediately preceding his appointment.
(d) A registered voter for a continuous 1-year period immediately preceding his appointment.
(e) 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 the board of councilmen.
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.
κ1971 Statutes of Nevada, Page 615 (CHAPTER 344, AB 776)κ
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 1973, and at each successive interval of 4 years thereafter, there shall be elected by the qualified voters of the city, at a general election to be held for that purpose, two councilmen who shall hold office for a period of 4 years and until their successors have been elected and qualified.
2. 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 two councilmen, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
Sec. 5.020 Applicability of state election laws; elections under 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.
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.
κ1971 Statutes of Nevada, Page 616 (CHAPTER 344, AB 776)κ
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 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 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.
κ1971 Statutes of Nevada, Page 617 (CHAPTER 344, AB 776)κ
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;
12. Underground utility and communication lines; and
13. Any combination of such projects.
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 20 percent of the total assessed valuation of the taxable property within the boundaries of the city.
2. In determining any debt limitation under this section, there shall not be counted as indebtedness:
(a) Any revenue bonds, unless the full faith and credit of the city is also pledged to their payment.
(b) Any special assessment bonds, although a deficiency in the proceeds of the assessments is required to be paid from the general fund to the city.
(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, sale or lease of municipal utilities.
1. 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.
2. The sale or lease of any municipal utility shall be made only pursuant to the provisions of NRS 266.386 to 266.3867, inclusive.
κ1971 Statutes of Nevada, Page 618 (CHAPTER 344, AB 776)κ
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 posted at two public bulletin boards in the city for at least 2 weeks succeeding its adoption.
2. On the first regular meeting of the board of councilmen after the expiration of the period of such positing, 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 posted. 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 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.
κ1971 Statutes of Nevada, Page 619 (CHAPTER 344, AB 776)κ
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 manner 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 incorporated town of Carlin prior to the enactment of this charter shall be vested in the City of Carlin 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 incorporated town 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 incorporated town 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 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.
κ1971 Statutes of Nevada, Page 620 (CHAPTER 344, AB 776)κ
(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.
5. The provisions of that certain act of the 56th session of the legislature entitled 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, shall apply to the City of Carlin in all respects as if the legislature had therein specifically authorized the City of Carlin to improve and equip its sanitary sewer system and to issue general obligation securities therefor as provided in such act for the incorporated town of Carlin.
Sec. 9.030 Designation of first board of councilmen, mayor under charter; office of treasurer of unincorporated town abolished.
1. Notwithstanding the provisions of any other law:
(a) The three town commissioners elected at the election held in the incorporated town of Carlin on May 4, 1971, pursuant to the provisions of Article VIII of the charter of the unincorporated town of Carlin adopted in 1925 shall hold office as councilmen of the city (or mayor as hereinafter provided for) until the 1st Monday in July 1975.
(b) The two town commissioners elected at the election held in the incorporated town of Carlin on the 1st Tuesday after the 1st Monday in May 1969 (or their successors appointed pursuant to the charter of the unincorporated town) shall hold office as councilmen of the city until the 1st Monday in July 1973.
(c) A vacancy in the board of councilmen or in the office of mayor shall be filled as provided in section 1.060 of this charter.
2. At the regular meeting of the board of councilmen held in July 1971, the three town commissioners elected at the town election held May 4, 1971, shall select one of their number, by lot or otherwise, as mayor of the City of Carlin. Thereafter such commissioner shall bear the title of mayor and shall possess all the powers and perform all the duties of mayor provided for in this charter. His term of office as mayor shall expire on the 1st Monday in July 1975.
3. The office of town treasurer is abolished effective July 1, 1971.
Sec. 2. 1. This act shall become effective on July 1, 1971, only if the commission form of government for the incorporated town of Carlin is discontinued and terminated and the charter of the incorporated town of Carlin adopted in 1925 (and all amendments thereto) are repealed by a majority vote of the qualified electors of the incorporated town of Carlin voting on the question of such abolishment and repeal pursuant to law at the town election held May 4, 1971.
κ1971 Statutes of Nevada, Page 621 (CHAPTER 344, AB 776)κ
a majority vote of the qualified electors of the incorporated town of Carlin voting on the question of such abolishment and repeal pursuant to law at the town election held May 4, 1971.
2. After the canvass of the returns of the town election held May 4, 1971, if it appears that the question of discontinuance and termination of the commission form of government and repeal of the 1925 charter, as amended, carried, the board of commissioners of the incorporated town of Carlin shall issue a proclamation of such discontinuance, termination and repeal, a certified copy of which shall be filed in the office of the secretary of state.
________
Senate Bill No. 471Committee on Judiciary
CHAPTER 345
AN ACT requiring state agencies and political subdivisions, municipal corporations and districts to place an arbitration clause in certain contracts; providing an exception; and providing other matters properly relating thereto.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 338.150 is hereby amended to read as follows:
338.150 1. Any agency of this state and any political subdivision, municipal corporation or district and any public officer or person charged with the drafting of specifications for the construction, alteration or repair of public works, [may] shall include in such specifications a clause permitting arbitration of a dispute arising between the agency and a contractor if the dispute cannot otherwise be settled.
2. Any dispute requiring arbitration shall be handled in accordance with the industrys arbitration rules as administered by the America Arbitration Association.
3. The provisions of subsection 1 shall not be construed to require the department of highways to include such a clause in any contract entered into by such department.
________
κ1971 Statutes of Nevada, Page 622κ
Senate Bill No. 589Committee on Finance
CHAPTER 346
AN ACT relating to public employees retirement; liberalizing retirement benefits for policemen and firemen and adjusting contribution rates; specifying payroll report procedure; providing for a post-retirement reserve; and providing other matters properly relating thereto.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.410 is hereby amended to read as follows:
286.410 1. Each employee who is a member of the system, except police officers and firemen, shall contribute 6 percent of the gross compensation earned by him after July 1, [1967,] 1971, as a member of the system. Police officers and firemen who are members of the system shall contribute 6.5 percent. Although all contributions shall be maintained in one fund as required in NRS 286.220 and all valid charges may be paid therefrom, in order that income for, and the cost of, separate benefit programs may be readily ascertainable, it is declared that of the 6 percent contribution one-quarter of 1 percent shall be regarded as contributed for costs incurred in survivor benefits as established by NRS 286.671 to 286.6792, inclusive, and three-quarters of 1 percent shall be regarded as contributed for the post-retirement increases provided by NRS 286.575. The remaining [5 percent] amount shall be regarded as contributed for all other purposes. The contribution by police officers and firemen shall be prorated in the same manner as the 6-percent contribution except that one-half of 1 percent shall be for the early retirement provision.
2. Where accumulated leave is paid an employee by one participating employer at the time of termination of services, and the employee enters into a subsequent participating employment prior to the expiration of his accumulated leave, retirement contributions shall be taken only from the greater salary for that period of time in which the new employment and accumulated leave period coincide.
3. Where accumulated leave is paid an employee who is retiring, the employee may elect to have retirement contributions deducted from such payment with credit toward retirement for the period of time represented by such payment, or he may elect to receive such payment without retirement deductions. If the retiring employee does not make retirement contributions upon such payment the employing agency shall not make retirement contributions thereon. An election of retirement contributions pursuant to this subsection can be made only when the retiring employee is entering immediately into retired status and will begin receiving retirement payments. In all other cases where an employee terminates his employment, except in case of death, retirement contributions shall be deducted from such payments.
4. Contract employees in the educational facilities of the state who assume employment with other participating employers during times already covered by their contracts shall not make contributions upon the additional employment.
κ1971 Statutes of Nevada, Page 623 (CHAPTER 346, SB 589)κ
additional employment. However, retirement contributions may be made upon the greater of the two incomes.
5. From each payroll during the period of his membership, the employer shall deduct the amount of the members contributions and transmit the deduction to the board at intervals designated and upon forms prescribed by the board.
6. No portion of the contribution referred to in this section shall be used for administrative expenses.
Sec. 2. NRS 286.450 is hereby amended to read as follows:
286.450 1. Each public employer shall pay into the public employees retirement fund 6 percent of all gross compensation, for members who are not peace officers or firemen, and 6.5 percent for members who are peace officers or firemen, payable on or after July 1, [1967,] 1971, at intervals prescribed by the board. Although all contributions shall be maintained in one fund as required in NRS 286.220 and all valid charges may be paid therefrom, in order that income for, and the cost of, separate benefit programs may be readily ascertainable, it is declared that of the 6 percent contribution one-quarter of 1 percent shall be regarded as contributed for costs incurred in survivor benefits as established by NRS 286.671 to 286.6792, inclusive, and three-quarters of 1 percent shall be regarded as contributed for the post-retirement increases provided by NRS 286.575. The remaining [5 percent] amount shall be regarded as contributed for all other purposes. The contribution for peace officers and firemen shall be prorated on the same proportionate scale as the 6-percent contribution except that one-half of 1 percent shall be for the early retirement provision.
2. No portion of the contribution referred to in subsection 1 shall be used for administrative expenses.
3. Credit shall be granted a member of the system for all continuous service which he rendered to the state or to his public employer prior to the time the public employer commences to participate in the system.
Sec. 3. NRS 286.460 is hereby amended to read as follows:
286.460 1. Each department, board, commission, or other agency of the State of Nevada, which pays salaries of its officers or employees in whole or in part from funds received from sources other than money appropriated from the state general fund, is authorized and directed to pay public employer contributions, or the proper portion thereof, to the system from the funds of the department, board, commission or agency.
2. Public employer contributions for salaries paid from the state general fund shall be paid directly by each department, board, commission or other agency concerned, and allowance therefor shall be made in the appropriation made for each such department, board, commission or other state agency.
3. Contributions for members covered under special rates (such as policemen and firemen) shall be reported in a separate section of the payroll reports to the board in order to insure proper preaudit.
Sec. 4. NRS 286.510 is hereby amended to read as follows:
286.510 1. After July 1, 1949, a police officer or a firemen who is a member of the system, who has attained the age of 55 years, and who has completed a minimum of 10 years of credited service, may be retired from service; and thereafter, except as otherwise provided in this chapter, the date of his retirement shall be the 1st day of the calendar month in which application for retirement shall be filed with the board or the last day of compensation, whichever is later.
κ1971 Statutes of Nevada, Page 624 (CHAPTER 346, SB 589)κ
completed a minimum of 10 years of credited service, may be retired from service; and thereafter, except as otherwise provided in this chapter, the date of his retirement shall be the 1st day of the calendar month in which application for retirement shall be filed with the board or the last day of compensation, whichever is later.
2. After July 1, 1949, any other employee who is a member of the system, who has attained the age of 60 years, and who has completed a minimum of 10 years of credited service, may be retired from service; and thereafter, except as otherwise provided in this chapter, the date of his retirement shall be the 1st day of the calendar month in which application for retirement shall be filed with the board or the last day of compensation, whichever is later.
3. After July 1, [1951,] 1971, a police officer or a fireman who is a member of the system and who has completed [30] 20 years of continuous service [,] and has attained the age of 50 years, or any other employee who is a member of the system, who has completed 30 years of continuous service, and who has attained the age of 55 years, shall be retired upon acceptance by the board of his written application to retire.
Sec. 5. NRS 286.540 is hereby amended to read as follows:
286.540 1. The objective of this chapter shall be to provide each employee, who is a member of the system with the years of service or attained age specified in this chapter, a disability allowance of the amount provided in this chapter and a total service retirement allowance of 50 percent of his average salary for the 3 highest salaried consecutive years of his last 10 years of service for 20 years of service; provided:
(a) That the average salary shall be calculated only upon that amount of salary from which retirement deductions have been made or upon which retirement deductions would have been made had the employer been a member of the system at the time of service. Not more than $400 per month may be considered as salary for periods prior to July 1, 1959. Not more than $600 per month may be considered as salary for a period subsequent to June 30, 1959, and prior to July 1, 1963.
(b) That on and after July 1, 1960, the minimum monthly disability or service retirement allowance for members shall be:
Service of 10 years......................................................................................... $75
Service of 11 years......................................................................................... 80
Service of 12 years......................................................................................... 85
Service of 13 years......................................................................................... 90
Service of 14 years......................................................................................... 95
Service of 15 years......................................................................................... 100
Service of 16 years......................................................................................... 105
Service of 17 years......................................................................................... 110
Service of 18 years......................................................................................... 115
Service of 19 years......................................................................................... 120
Service of 20 years......................................................................................... 125
(c) That the minimums established in paragraph (b) are applicable only to unmodified allowances, and that members or beneficiaries of members receiving allowances under optional plans shall receive only such increase as they would have received had the unmodified allowance of the member been at the indicated minimum at the time of such members retirement.
κ1971 Statutes of Nevada, Page 625 (CHAPTER 346, SB 589)κ
such increase as they would have received had the unmodified allowance of the member been at the indicated minimum at the time of such members retirement.
2. The objective of this chapter shall be deemed applicable to police officers and firemen with 20 continuous years of credit in the system and who have reached the age of [55] 50 years, and to other employees with 20 continuous years of credit in the system and who have reached the age of 60 years.
Sec. 6. NRS 286.550 is hereby amended to read as follows:
286.550 1. Upon retirement from the service of a participating employer after 20 years of continuous service at retirement age, an eligible employee will receive a monthly service retirement allowance, payable during his lifetime, which will be 50 percent of the average monthly salary for the 3 highest salaried consecutive years of his last 10 years of service; provided:
(a) That members with more than 20 years of continuous service shall receive an additional 1.5 percent of average salary for each year of service over 20 years to a maximum of 10 such additional years. Until the 1st day of the month following July 1, 1963, payments for such additional years shall be applicable only to allowances becoming effective on or after January 1, 1959. Thereafter, payments for such additional years shall be applicable in recalculating unmodified allowances for persons retired prior to January 1, 1959. Fractions of such additional years shall be prorated on the basis of 1.5 percent for each full year.
(b) That on and after July 1, 1960, the minimum monthly disability or service retirement allowance for members shall be:
Service of 10 years......................................................................................... $75
Service of 11 years......................................................................................... 80
Service of 12 years......................................................................................... 85
Service of 13 years......................................................................................... 90
Service of 14 years......................................................................................... 95
Service of 15 years......................................................................................... 100
Service of 16 years......................................................................................... 105
Service of 17 years......................................................................................... 110
Service of 18 years......................................................................................... 115
Service of 19 years......................................................................................... 120
Service of 20 years......................................................................................... 125
(c) That the minimums established in paragraph (b) are applicable only to unmodified allowances, and that members or beneficiaries of members receiving allowances under optional plans shall receive only such increase as they would have received had the unmodified allowance of the member been at the indicated minimum at the time of such members retirement.
2. If the total years of service at retirement is 10 years or more, but less than 20 years, the retirement allowance shall be prorated on the basis of 20 years.
3. In order to be eligible for allowances under this section, unless otherwise specifically provided in this chapter, [:
κ1971 Statutes of Nevada, Page 626 (CHAPTER 346, SB 589)κ
(a) A] a police officer or a fireman must have attained the minimum service retirement age of [55] 50 years, and every other employee must have attained the minimum service retirement age of 60 years. [; or
(b) A policeman or fireman must have attained the age of 50 years, in which case the allowance to be paid shall be reduced to the actuarial equivalent of the allowance payable at normal retirement age based on the number of years of service completed at actual retirement.]
4. On and after July 1, 1961, if a member who has retired under the provisions of this section should die without having elected one of Options 2 to 5, inclusive, as described in NRS 286.590, and before he has received in benefits the amount of his personal contributions to the public employees retirement fund, the surplus of contributions over benefits received shall be paid directly and without probate or administration to the person, if any, whom he designated in writing at the start of his retirement. If no such person is named or a designated beneficiary does not survive, the surplus shall be paid to the estate of the deceased member.
Sec. 7. NRS 286.575 is hereby amended to read as follows:
286.575 1. A post-retirement allowance shall be paid from the public employees retirement fund to each member receiving a disability allowance or service retirement allowance under the provisions of this chapter on June 30, 1963, and to each member who first becomes entitled to receive any such disability allowance or service retirement allowance on and after July 1, 1963, as follows: On the 1st day of July in each year following June 30, 1963, or the calendar year in which any monthly disability allowance or service retirement allowance was first paid, whichever last occurs, there shall be added to such monthly disability allowance or service retirement allowance and paid to the member monthly thereafter an amount equivalent to 1.5 percent of the amount of such monthly disability allowance or service retirement allowance as originally computed, approved and paid.
2. Beginning on July 1, 1965, each member who retired before January 1, 1962, is entitled to receive a post-retirement allowance increase of 1.5 percent of the amount of his monthly disability allowance or service retirement allowance, as originally computed, approved and paid, for each calendar year following the calendar year of his retirement and preceding the calendar year 1963. Each member whose disability allowance or service retirement allowance is based upon the minimum allowance provisions of NRS 286.540 and 286.550 is entitled to receive an increase based upon such minimum allowances.
Each member whose allowance was increased after his retirement by payments for years of service in excess of 20 years is entitled to receive an increase based upon his adjusted allowance.
3. Reserve calculations shall provide for a post-retirement reserve of 14 percent of the contributions received for each retiring member for the period of July 1, 1963, to and including the date of retirement.
________
κ1971 Statutes of Nevada, Page 627κ
Assembly Bill No. 219Messrs. Lowman, Dreyer, Ronzone, Ashworth and Glaser
CHAPTER 347
AN ACT relating to procedure in juvenile cases; providing for incarceration of probation violators between the ages of 18 and 21 years; and providing other matters properly relating thereto.
[Approved April 17, 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:
Whenever the court has taken jurisdiction over a person pursuant to the provisions of this chapter, it may order any person over the age of 18 years and under the age of 21 years who has been placed on probation by the court to be placed either in the county jail or the state prison for the violation of such probation.
________
Assembly Bill No. 655Mr. Lauri
CHAPTER 348
AN ACT increasing maximum rates which may be paid for state and county official printing and advertising.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 238.070 is hereby amended to read as follows:
238.070 1. All advertising ordered or required by the State of Nevada or by the respective counties of the state shall be paid for by the state or the county ordering or requiring the same at the rate of [25] not more than 30 cents per single column line 6-point type for the first insertion and [15] not more than 20 cents per single column line for each subsequent insertion; an insertion to be held to be one publication per week whether the newspaper in which such advertising is ordered to be done be published daily or weekly.
2. Nothing contained in this section shall prohibit boards of county commissioners from entering into annual contracts for the entire official printing and advertising of their respective counties when a saving of public funds will be effected thereby.
________
κ1971 Statutes of Nevada, Page 628κ
Senate Bill No. 617Committee on Labor
CHAPTER 349
AN ACT authorizing the department of industrial safety of the Nevada industrial commission to make summary investigations of unsafe places of employment without notice or hearing.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 618.200 is hereby amended to read as follows:
618.200 Whenever the department shall learn or have reason to believe that any employment or place of employment is not safe or is injurious to the welfare of any employee, it may, of its own motion or upon complaint, summarily investigate the same [, with or] without notice or hearings. [After a hearing upon such notice as it may prescribe, the] The department may enter and serve such order as may be necessary relative thereto.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 592Committee on Commerce
CHAPTER 350
AN ACT relating to savings and loan associations; permitting state associations to include in their capital senior capital notes of the Federal Savings and Loan Insurance Corporation under certain circumstances.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 673.227 is hereby amended to read as follows:
673.227 1. An association may purchase or lease property for its office buildings or construct its office buildings on property purchased or leased by it, providing that the total cost of land and improvements does not exceed 70 percent of the sum of the associations capital, surplus and reserves.
2. With the approval of the commissioner, senior capital notes of the Federal Savings and Loan Insurance Corporation may be included in capital for the purposes of this section.
________
κ1971 Statutes of Nevada, Page 629κ
Senate Bill No. 575Committee on Federal, State and Local Governments
CHAPTER 351
AN ACT relating to the Nevada commissioner for veteran affairs; allowing the commissioner a fee for certain guardianship services; creating the veterans relief fund; and providing other matters properly relating thereto.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 417 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Notwithstanding the provisions of subsection 3 of NRS 417.110, the commissioner may receive a fee, in an amount set by the court, for his guardianship services in any estate where the ward dies leaving no will or heirs.
2. Any such fee shall be credited to the veterans relief fund, which is hereby created.
Sec. 3. 1. The veterans relief fund shall, in the discretion of the commissioner, be used to aid destitute veterans and their dependents.
2. The commissioner shall deposit such fund in the following accounts:
(a) A savings account in a bank.
(b) A commercial checking account in a bank.
(c) A petty cash account, not to exceed $50, which may be replenished periodically by withdrawals from the accounts provided in paragraphs (a) and (b).
3. In the management of the veterans relief fund, the commissioner shall keep an accurate record of any receipt or deposit, and of any withdrawal from any account provided in subsection 2. Any record of withdrawal shall contain the following information:
(a) The date of such withdrawal.
(b) The name of the payee.
(c) The purpose of the expenditure.
________
κ1971 Statutes of Nevada, Page 630κ
Senate Bill No. 454Committee on Finance
CHAPTER 352
AN ACT relating to the public service commission regulatory fund; removing the limitation on the levy of assessments against public utilities and requiring the public service commission of Nevada to provide statements concerning the balance of such fund; validating the levy of assessments made by the public service commission of Nevada for the fiscal year 1970-1971; and providing other matters properly relating thereto.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 704.037 is hereby amended to read as follows:
704.037 1. The public service commission regulatory fund shall be a continuing fund, and no moneys in such fund shall revert to the general fund at any time.
2. [If, on June 1 of any fiscal year, there remains in such fund an amount in excess of $100,000, no assessment shall be levied for the next-succeeding fiscal year.] Upon request of any interested person, the commission shall furnish, within a reasonable time, a statement showing the balance remaining in such regulatory fund as of the close of the preceding fiscal year.
3. All moneys in such fund shall be paid out on claims approved by the state board of examiners in the same manner as other claims against the state are paid.
Sec. 2. The legislature finds that if a levy of assessments had not been made by the public service commission of Nevada for the fiscal year 1970-1971 pursuant to NRS 704.033 to 704.039, inclusive, the public service commission of Nevada would not have had sufficient funds available in the public service commission regulatory fund to function during the fiscal year 1970-1971, and therefore, notwithstanding the provisions of NRS 704.037, this section shall operate to supply such legislative authority as may be necessary to validate, ratify, approve and confirm the levy of such assessments made by the public service commission of Nevada for the fiscal year 1970-1971.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 631κ
Senate Bill No. 554Senator Young
CHAPTER 353
AN ACT relating to charitable activities; defining words and terms; providing for the conformation of certain charitable trusts and foundations and nonprofit charitable corporations to the requirements of the Federal Tax Reform Act of 1969; and providing other matters properly relating thereto.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 81 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. Sections 2 to 13, inclusive, of this act shall be known as the Charitable Corporation Act of 1971.
Sec. 3. The legislature hereby declares that the policy of the state is to maximize the funds available for charitable purposes by minimizing, to the greatest extent practicable, the imposition of federal income and excise taxes upon assets otherwise available for charitable purposes.
Sec. 4. As used in section 2 to 13, inclusive, of this act, unless otherwise indicated, section references are to the Internal Revenue Code of 1954, as in effect on January 1, 1971, and include future amendments to such sections and corresponding provisions of future Internal Revenue Laws.
Sec. 5. As used in sections 2 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 6 to 8, inclusive, of this act have the meanings ascribed to them in sections 6 to 8, inclusive, of this act.
Sec. 6. Charitable organization means an organization or association described in Section 501(c)(3) and exempt from tax under Section 501(a).
Sec. 7. Director means a director, trustee, person or persons constituting the controlling board of a charitable organization.
Sec. 8. Private foundation corporation is any nonprofit corporation or association formed pursuant to the laws of the State of Nevada which is a private foundation as defined in Section 509(a).
Sec. 9. The provisions of sections 2 to 13, inclusive, of this act are applicable to any nonprofit charitable corporations, whether they were created before or are created after the effective date of this act, if they are subject to the internal revenue code sections set out herein.
Sec. 10. In the administration of any nonprofit charitable corporation that is subject to the provisions of the Internal Revenue Code of 1954, as in effect on January 1, 1971, the following acts are prohibited:
1. Engaging in any act of self-dealing (as defined in Section 4941(d)) which would give rise to any liability for the tax imposed by Section 4941(a).
2. Retaining any excess business holdings (as defined in Section 4943(c)) which would give rise to any liability for the tax imposed by Section 4943(a).
3. Making any investments which would jeopardize the carrying out of any of the exempt purposes of the organization within the meaning of Section 4944, so as to give rise to any liability for the tax imposed by Section 4944(a).
κ1971 Statutes of Nevada, Page 632 (CHAPTER 353, SB 554)κ
Section 4944, so as to give rise to any liability for the tax imposed by Section 4944(a).
4. Making any taxable expenditures (as defined in Section 4945(d)) which would give rise to any liability for the tax imposed by Section 4945(a).
Sec. 11. In the administration of any organization which is a private foundation corporation, there shall be distributed for the purposes specified in the articles of incorporation or governing instrument, for each taxable year, amounts at least sufficient to avoid liability for the tax imposed by Section 4942(a).
Sec. 12. 1. The board of directors or trustees of any such nonprofit charitable corporation may, by a majority vote of its directors or trustees, amend its articles of incorporation or governing instrument at any regular or special meeting of such board of directors or trustees, without a vote of the stockholders or members of such nonprofit charitable corporation, if any, in order to avoid the penalties and liabilities described in Sections 4941(a), 4942(a), 4943(a) and 4945(a) or to comply with the provisions of Section 508(e).
2. Any such amendment shall not be made until the board of directors or trustees has notified the members or stockholders, if any, at least 30 days prior to the meeting where such articles of incorporation or governing instrument is to be amended. Notice of the intention to amend such articles or governing instrument shall be served upon the attorney general at least 30 days before the meeting at which the articles or governing instrument is to be amended, together with a copy of the proposed amended articles or governing instrument.
3. After any such amendment has been approved by the directors or trustees, a true and correct copy of such articles or governing instrument shall be filed with the secretary of state, upon the payment of a fee of $1.
Sec. 13. In addition to amending the articles of incorporation or governing instrument of such corporation in accordance with section 12 of this act, the amendment may include a provision for the organization to conform with the requirements for termination of private foundation status as provided in Section 507, in order to avoid the tax provided in Section 507(c).
Sec. 14. Chapter 163 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 to 28, inclusive, of this act.
Sec. 15. Sections 15 to 28, inclusive of this act shall be known as the Charitable Trust Act of 1971.
Sec. 16. The legislature hereby declares that the policy of the state is to maximize the funds available for charitable purposes by minimizing, to the greatest extent practicable, the imposition of federal income and excise taxes upon trust assets otherwise available for charitable purposes.
Sec. 17. As used in sections 15 to 28, inclusive, of this act, unless otherwise indicated, section references are to the Federal Internal Revenue Code of 1954, as in effect on January 1, 1971, and include future amendments to such sections and corresponding provisions of future Internal Revenue Laws.
Sec. 18. As used in sections 15 to 28, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 19 to 23, inclusive, of this act, have the meanings ascribed to them in sections 19 to 23, inclusive, of this act.
κ1971 Statutes of Nevada, Page 633 (CHAPTER 353, SB 554)κ
the context otherwise requires, the words and terms defined in sections 19 to 23, inclusive, of this act, have the meanings ascribed to them in sections 19 to 23, inclusive, of this act.
Sec. 19. Charitable trust means an organization described in Section 4947(a)(1).
Sec. 20. Private foundation trust means a trust as defined in Section 509(a), including a trust described in Section 4947(a)(1).
Sec. 21. Split interest trust means a trust for individual and charitable beneficiaries as defined in and subject to the provisions of Section 4947(a)(2).
Sec. 22. Trust means an express trust created by a trust instrument, including a last will and testament.
Sec. 23. Trustee means a trustee, trustees, person or persons possessing a power or powers referred to in sections 15 to 28, inclusive, of this act.
Sec. 24. The provisions of sections 15 to 28, inclusive, of this act which are applicable to any of the trusts defined in sections 19 to 23, inclusive, of this act apply to all trusts, whether they were created before or are created after the effective date of this act.
Sec. 25. 1. In the administration of any private foundation trust, split interest trust or charitable trust which is subject to the provisions of the Internal Revenue Code of 1954, as in effect on January 1, 1971, the following acts are prohibited:
(a) Engaging in any act or self-dealing (as defined in Section 4941(d)) which would give rise to any liability for the tax imposed by Section 4941(a);
(b) Retaining any excess business holdings (as defined in Section 4943(c)) which would give rise to any liability for the tax imposed by Section 4943(a);
(c) Making any investments which would jeopardize the carrying out of any of the exempt purposes of the trust within the meaning of Section 4944, so as to give rise to any liability for the tax imposed by Section 4944(a); and
(d) Making any taxable expenditures (as defined in Section 4945(d)) which would give rise to any liability for the tax imposed by Section 4945(a).
2. This section does not apply to those split interest trusts or amounts of such split interest trusts which are not subject to the prohibitions applicable to private foundations by reason of the provisions of Section 4947.
Sec. 26. In the administration of any trust which is a private foundation trust or a charitable trust, there shall be distributed for the purposes specified in the trust instrument, for each taxable year, amounts at least sufficient to avoid liability for the tax imposed by Section 4942(a).
Sec. 27. 1. Any district court of the State of Nevada having jurisdiction over any trust to which sections 15 to 28, inclusive, of this act apply may amend any trust instrument to conform to the provisions of sections 15 to 28, inclusive, of this act.
2. Any such amendment shall be effected by the trustees filing a verified petition with the district court and paying the same fee therefor as is required by the clerk of that district for the filing of a civil complaint.
κ1971 Statutes of Nevada, Page 634 (CHAPTER 353, SB 554)κ
verified petition with the district court and paying the same fee therefor as is required by the clerk of that district for the filing of a civil complaint. The court shall set a date for the hearing of the petition, and notice of the hearing of the petition shall be:
(a) Personally served on the trustor or trustors of such trust, if living, and on all named beneficiaries of such trust, if any, at least 10 days before the time of the hearing, by handing a copy of the notice to the trustor or trustors, to the beneficiaries or to the beneficiaries guardian or attorneys of record, or mailed by registered or certified mail, with return receipt requested, to the trustor or trustors, and the beneficiaries or their guardians or attorneys of record, at the last-known address of the addressee; and
(b) Posted at the courthouse at least 10 days prior to the time for hearing, or published for at least once a week for 3 successive weeks in such newspaper as the court or judge orders. There shall be at least 10 days between the date of last publication and the time of hearing; and
(c) Delivered, together with a copy of the petition, to the attorney general of the State of Nevada at the time of the filing of the petition.
3. At the hearing of such verified petition, the court or judge may authorize the trustee to amend, revise, delete or add provisions to the trust articles to conform to sections 15 to 28, inclusive, of this act, in order to avoid the penalties and liabilities described in Sections 4941(a), 4942(a), 4943(a), 4944(a) and 4945(a), but if the trustor or trustors of such trust are living and competent to act, his or their written consent must first be obtained.
Sec. 28. In addition to amending, revising, deleting or adding provisions to the articles of the trust to conform to the sections set out in subsection 2 of section 27 of this act, the petition may include a request, and the court or judge may authorize any modifications, revisions, deletions or additions to the term, or to the conditions and provisions of the articles of any trust subject to the jurisdiction of the court, for the trust to conform with the requirements for termination of private foundation status as provided in Section 507, or in order to avoid the tax provided in Section 507(c).
Sec. 29. NRS 163.230 is hereby amended to read as follows:
163.230 1. A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to a trustee or trustees of a trust established or created by the testator or by the testator and some other person or persons or by some other person or persons (including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts), if the trust is identified in the testators will and the terms are set forth in a written instrument (other than a will) executed before or concurrently with the execution of the testators will, or in the valid last will of a person who has predeceased the testator (regardless of the existence, size or character of the corpus of the trust).
2. The devise or bequest shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended by the terms of the will after the execution of the will or after the death of the testator.
κ1971 Statutes of Nevada, Page 635 (CHAPTER 353, SB 554)κ
3. Unless the testators will provides otherwise, the property so devised or bequeathed:
(a) Shall not be deemed to be held under a testamentary trust of the testator but shall become a part of the trust to which it is given; and
(b) Shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator (regardless of whether made before or after the execution of testators will) or any modifications or amendments whenever made, which are made pursuant to the Charitable Trust Act of 1971, and, if the testators will so provides, including any amendments to the trust made after the death of the testator.
4. A revocation or termination of the trust before the death of the testator shall cause the devise or bequest to lapse.
Sec. 30. This act shall become effective upon passage and approval.
________
Senate Bill No. 581Committee on Transportation
CHAPTER 354
AN ACT relating to the special fuel tax; exempting certain special fuel users from licensing; and providing other matters properly relating thereto.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 366 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No special fuel users license shall be required of the following classes of special fuel users:
(a) Operators of motor vehicles who make occasional trips into this state for the purpose of service or repair.
(b) Operators of house coaches as defined in NRS 484.067.
(c) Operators of motor vehicles having an unladened weight of not more than 6,000 pounds.
(d) Operators of unladened motor vehicles purchased in this state for the trip from the point of delivery to the state boundary.
(e) Operators of motor vehicles who make occasional trips into or across this state for nonprofit or eleemosynary purposes.
2. Any special fuel purchased in this state by any person exempt from licensing under subsection 1 shall be purchased from a licensed special fuel dealer, who shall collect the tax on any special fuel delivered into the vehicles fuel supply tank.
3. The department shall adopt rules and regulations concerning the application and administration of this section.
Sec. 2. NRS 366.080 is hereby amended to read as follows:
366.080 Special fuel user means any person who consumes in this state special fuel for the propulsion of motor vehicles owned or controlled by him upon the highways of this state, including highways under construction or reconstruction.
κ1971 Statutes of Nevada, Page 636 (CHAPTER 354, SB 581)κ
state special fuel for the propulsion of motor vehicles owned or controlled by him upon the highways of this state, including highways under construction or reconstruction. [, except any person who operates a motor vehicle having an unladen weight not exceeding 6,000 pounds and who purchases special fuel for the operation of such vehicle from a licensed special fuel dealer.]
Sec. 3. NRS 366.220 is hereby amended to read as follows:
366.220 1. Except as otherwise provided in this [section,] chapter, it is unlawful for any special fuel dealer or special fuel user to sell or use special fuel within this state unless such special fuel dealer or special fuel user is the holder of a special fuel dealers or special fuel users license issued to him by the department.
2. A nonresident owner or operator of a motor vehicle coming within the provisions of this chapter may apply for a temporary special fuel license which shall be purchased from the first available vendor upon entry into the state. The fee for such license shall be $10 for each motor vehicle. Such license shall satisfy the requirements of this chapter and authorize the operation of such motor vehicle or combination of vehicles upon the highways of this state for a period of 48 consecutive hours. Such license shall allow purchase of special fuel tax free from a licensed special fuel dealer. Upon request, the department shall allow credit for such licenses purchased, provided the applicant applies to the department and is licensed as a special fuel user within 60 days after the purchase of the first such license within a licensing year. Such application shall be considered received on the date shown by the post office cancellation mark stamped on the envelope containing such application properly addressed to the department. Such license shall be evidenced by a sticker displayed on each self-propelled vehicle in a manner specified by the department.
3. The department may adopt, amend and repeal regulations relating to the issuance of any special fuel dealers or special fuel users license and the collection of fees therefor.
Sec. 4. NRS 366.230 is hereby amended to read as follows:
366.230 Every user of special fuels, as defined in this chapter, except temporary special fuel licensees [,] and any user exempt under this chapter, must, prior to the use of such fuel, apply to the department on a form prescribed by the department for a special fuel users license and a special fuel vehicle identification for each vehicle propelled by fuel subject to tax under this chapter.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 637κ
Senate Bill No. 302Senator Pozzi
CHAPTER 355
AN ACT to amend an act entitled An Act authorizing and directing the state planning board to sell or exchange certain parcels of real property in Ormsby County, Nevada, belonging to the State of Nevada; defining the powers and duties of the state planning board, the chairman thereof, and the attorney general in connection therewith; and providing other matters properly relating thereto, approved March 17, 1960, as amended.
[Approved April 17, 1971]
whereas, The state planning board was authorized and directed by the above-entitled act to sell, subject to certain restrictions and conditions, certain described lands situated in Ormsby County (now Carson City); and
whereas, The above-entitled act was amended by chapter 341, Statutes of Nevada 1961, and chapter 311, Statutes of Nevada 1963, by changing certain descriptions and adding restrictions and conditions on the sale of such land; now, therefor,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The direction and authority given to the state planning board to sell certain lands contained within the lands described in chapter 229, Statutes of Nevada 1960, is hereby revoked. The lands for which such permission is revoked are more particularly described as follows:
A portion of the South Half of the Southwest Quarter of the Northwest Quarter of Section 20 and a portion of the Northwest Quarter of the Southwest Quarter of Section 20, T. 15 N., R. 20 E., M.D.B. & M., County of Ormsby (now Carson City), State of Nevada, containing 11.51 acres and described as follows:
BEGINNING at the quarter corner common to Section 19 and Section 20; thence N. 0°15′02″ E. 659.42 feet along the Section line; thence S. 89°51′56″ E. 627.08 feet along the 1/16 section line to the westerly right-of-way line of County Road; thence S. 89°51′56″ E. 101.23 feet to the easterly right-of-way line of County Road (South Curry Street) and the true point of beginning; thence S. 89°51′56″ E. 53.93 feet to the Westerly right-of-way line of Nevada State Highway, U.S. 395; thence along such highway right-of-way the following three courses; thence S. 0°27′41″ W. 965.39 feet; thence on a curve to the right 614.80 feet, radius 4,800.00 feet, central angle 7°20′19″; thence S. 7°48′00″ W. 88.26 feet; thence leaving the highway right-of-way N. 89°51′49″ W. 659.63 feet to the Easterly right-of-way line of the aforementioned County Road; thence along the Easterly line of County Road the following eight courses; thence N. 0°58′24″ E. 52.33 feet; thence on a curve to the right 242.01 feet, radius 400.00 feet, central angle 34°39′56″; thence N. 35°38′20″ E. 758.49 feet; thence on a curve to the left 552.16 feet, radius 810.00 feet, central angle 39°03′26″; thence on a curve to the right 165.46 feet, radius 749.15 feet, central angle 12°39′17″; thence N.
κ1971 Statutes of Nevada, Page 638 (CHAPTER 355, SB 302)κ
749.15 feet, central angle 12°39′17″; thence N. 80°45′49″ W. 20.00 feet; thence N. 9°14′11″ E. 66.25 feet; thence on a curve to the left 15.51 feet, radius 2,640.00 feet, central angle 0°20′12″ to the true point of beginning
Sec. 2. Section 4 of the above entitled act, being chapter 229, Statutes of Nevada 1960, as last amended by chapter 311, Statutes of Nevada 1963, at page 573, is hereby amended to read as follows:
Section 4. [Notice] 1. Except as provided in subsection 2, notice of intention to sell any of the real property described in sections 1 and 2 shall be given by publication in a newspaper of general circulation published in Ormsby County, Nevada, once a week for 3 successive weeks. Except as otherwise provided in this section, any such sale shall be made to the highest responsible bidder at public auction at not less than the appraised value. All expenses of any such sale shall be paid by the state planning board from the proceeds of the sale. The net proceeds received by the state planning board from any such sale shall be deposited forthwith in the general fund in the state treasury, except that the net proceeds received from the sale of the real property described in subsection (c) of section 2 shall be deposited forthwith in the state highway fund. Sale of the real property described in subsection (c) of section 2 shall be effected by negotiation or public auction under the supervision of the state highway engineer, and shall not be effected until the highway department has completed new facilities or relocated facilities to replace those existing on such property.
2. That portion of the lands included in section 1 which are described as a portion of the Northeast quarter of the Southeast quarter of Section 19 and a portion of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 20 and a portion of the West half of the Northwest quarter of the Southwest quarter of Section 20, all in T. 15 N., R. 20 E., M.D.B. & M., containing 52.21 acres and more particularly described as follows:
BEGINNING at the quarter corner common to Sections 19 and 20; thence N. 0°15′02″ E. 659.42 feet along the Section line; thence S. 89°51′56″ E. 627.08 feet to the Westerly right-of-way line of County Road (South Curry Street); thence along County Road the next seven courses; thence S. 9°14′11″ W. 65.75 feet; thence on a curve to the left 191.97 feet, radius 869.15 feet, central angle 12°39′17″; thence on a curve to the right 470.36 feet, radius 690.00 feet, central angle 39°03′26″; thence S. 54°21′40″ E. 30.00 feet; thence S. 35°38′20″ W. 837.66 feet; thence on curve to the left 108.91 feet, radius 180.00 feet, central angle 34°39′56″; thence S. 0°58′24″ W. 148.06 feet; thence leaving County Road N. 89°39′03″ W. 190.88 feet; thence S. 0°03′11″ E. 130.00 feet; thence N. 89°39′03″ W. 40.00 feet; thence S. 0°03′11″ E. 150.00 feet, thence S. 89°39′03″ E. 225.87 feet to the Westerly right-of-way line of the aforementioned County Road; thence S. 0°58′24″ W. 50.01 feet along the Westerly right-of-way of County Road;
κ1971 Statutes of Nevada, Page 639 (CHAPTER 355, SB 302)κ
thence N. 89°39′03″ W. 1,295.08 feet along 1/16 line; thence N. 0°00′53″ E. 1,330.45 feet along 1/16 line; thence S. 89°11′08″ E. 1,318.66 feet to the point of beginning;
may be sold by negotiation or traded for land of equal value in the best interests of the state, as determined by the state planning board.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 315Committee on Judiciary
CHAPTER 356
AN ACT relating to the property tax; clarifying the method of computing the payment of delinquent taxes for reconveyance of the property; and providing other matters properly relating thereto.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.585 is hereby amended to read as follows:
361.585 1. When the time allowed by law for redemption shall have expired, and no redemption shall have been made, the tax receiver who issued the certificate, or his successor in office, shall execute and deliver to the county treasurer a deed of the property described in teach respective certificate in trust for the use and benefit of the state and county and any officers having fees due them in such cases.
2. The county treasurer and his successors in office, upon obtaining a deed of any property in trust under the provisions of this chapter, shall hold such property in trust until the same is sold pursuant to the provisions of this chapter.
3. Notwithstanding the provisions of NRS 361.595 or 361.603, at any time during the 90-day period specified in NRS 361.603, or prior to the public notice of sale by a county treasurer, pursuant to NRS 361.595, of any property held in trust by him by virtue of any deed made pursuant to the provisions of this chapter, any person who was the owner, beneficiary under a deed of trust or mortgagee under a mortgage of such property, or to whom such property was assessed, or who held a contract to purchase such property, prior to being so conveyed to the county treasurer, or the successor in interest of any such person, shall have the right to have such property reconveyed to him upon [tendering to] paying the county treasurer [the amount of the taxes,] an amount equal to the taxes accrued, together with any costs, penalties and interest legally chargeable against such property. [, as set forth in subsection 4 of NRS 361.570, together with interest at the rate of 10 percent per annum until the time of reconveyance.]
κ1971 Statutes of Nevada, Page 640 (CHAPTER 356, SB 315)κ
4. The provisions of this section shall apply to land held in trust by a county treasurer on or after the effective date of this act.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 214Messrs. Fry and Bryan
CHAPTER 357
AN ACT to amend chapter 178 of NRS, relating to general provisions for procedure in criminal cases, by adding new sections enacting The Agreement on Detainers, and providing other matters properly relating thereto
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 178 of NRS is hereby amended by adding thereto the provisions as set forth in sections 2 to 4, inclusive, of this act.
Sec. 2. The Agreement on Detainers, denominated in sections 2 to 4, inclusive, is hereby enacted into law and entered into by this state with all other jurisdictions legally joining such agreement in the form substantially as follows:
The Agreement on Detainers
The contracting states solemnly agree that:
Article I
The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, information or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.
Article II
As used in this agreement:
(a) State shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.
κ1971 Statutes of Nevada, Page 641 (CHAPTER 357, AB 214)κ
(b) Sending state shall mean a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article IV hereof.
(c) Receiving state shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to Article III or Article IV hereof.
Article III
(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officers jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint: provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.
(b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.
(c) The warden, commissioner of corrections or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information or complaint on which the detainer is based.
(d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoners request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoners written notice, request, and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
κ1971 Statutes of Nevada, Page 642 (CHAPTER 357, AB 214)κ
complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
(e) Any request for a final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.
(f) Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in paragraph (a) hereof shall void the request.
Article IV
(a) The appropriate officer of the jurisdiction in which an untried indictment, information or complaint is pending shall be entitled to have a prisoner against whom he has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V (a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated: provided that the court having jurisdiction of such indictment, information or complaint shall have duly approved, recorded and transmitted the request: and provided further that there shall be a period of thirty days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon his own motion or upon motion of the prisoner.
(b) Upon receipt of the officers written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.
(c) In respect of any proceeding made possible by this Article, trial shall be commenced within one hundred twenty days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
κ1971 Statutes of Nevada, Page 643 (CHAPTER 357, AB 214)κ
the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
(d) Nothing contained in this Article shall be construed to deprive any prisoner of any right which he may have to contest the legality of his delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.
(e) If trial is not had on any indictment, information or complaint contemplated hereby prior to the prisoners being returned to the original place of imprisonment pursuant to Article V (e) hereof, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
Article V
(a) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoners presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act for the state into whose temporary custody the prisoner is to be given.
(2) A duly certified copy of the indictment, information or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.
(d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.
κ1971 Statutes of Nevada, Page 644 (CHAPTER 357, AB 214)κ
in a suitable jail or other facility regularly used for persons awaiting prosecution.
(e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.
(f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.
(g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.
(h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.
Article VI
(a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.
Article VII
Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.
Article VIII
This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same.
κ1971 Statutes of Nevada, Page 645 (CHAPTER 357, AB 214)κ
However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.
Article IX
This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Sec. 3. The warden of the Nevada state prison shall comply with the provisions of Articles III and IV of The Agreement on Detainers whenever he has in his custody a prisoner who has detainers lodged against him from other jurisdictions which are parties to such agreement.
Sec. 4. The governor shall:
1. Either approve or disapprove, pursuant to Article IV of The Agreement on Detainers, the placing of a prisoner in the temporary custody of another jurisdiction when such jurisdiction is a party to such agreement and has lodged a detainer against the prisoner.
2. Appoint the officer provided in Article VII of The Agreement on Detainers.
________
Senate Bill No. 561Committee on Finance
CHAPTER 358
AN ACT making appropriations from the general fund in the state treasury to the legislators retirement fund and to the public employees retirement board for the purpose of defraying the cost of administering the legislators retirement system.
[Approved April 17, 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:
1. The sum of $125,000 to the legislators retirement fund.
2. The sum of $2,500 to the public employees retirement board to be expended for the administration of the legislators retirement system.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 646κ
Senate Bill No. 572Committee on Finance
CHAPTER 359
AN ACT making an appropriation from the general fund in the state treasury to the department of administration for the purpose of supporting criminal justice subsidies; and providing other matters properly relating thereto.
[Approved April 17, 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:
1. For the fiscal year 1971-1972, the sum of $50,000;
2. For the fiscal year 1972-1973, the sum of $50,000;
to be paid out on claims pursuant to the provisions of section 2 of this act as other claims against the state are paid.
Sec. 2. When a governing body of any local unit of government, including cities and counties, demonstrates in writing to the director of the department of administration that federal Omnibus Crime Control and Safe Streets Act of 1970 moneys are available if matched with local or state funds and present their claim or claims for a portion or all of the moneys appropriated by section 1 of this act (but not to exceed the sum of $50,000 in any one fiscal year) the director of the department of administration shall approve such claim or claims, which shall then be paid as other claims against the state are paid. All moneys received by any such governing body pursuant to the provisions of this act shall be expended by such board only in support of criminal justice subsidies, including juvenile probation subsidies.
________
Assembly Bill No. 390Mr. Fry
CHAPTER 360
AN ACT relating to official court reporters; increasing fees which may be charged by official reporters for reporting civil and criminal testimony in district courts.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 3.370 is hereby amended to read as follows:
3.370 1. For his or her services the official reporter or reporter pro tempore shall receive the following fees:
(a) For reporting civil and criminal testimony and proceedings, [$40] $50 per day, which amount, when more than one case is reported in 1 day, must be apportioned by the court between the several cases.
(b) For transcription, [40] 50 cents per folio for the original draft, and 10 cents per folio for each additional copy to the party ordering the original draft.
κ1971 Statutes of Nevada, Page 647 (CHAPTER 360, AB 390)κ
original draft. For transcription for any party other than the party ordering the original draft, 15 cents per folio.
2. In criminal cases the fees for reporting and for transcripts ordered by the court to be made must be paid out of the county treasury upon the order of the court. When there is no official reporter in attendance and a reporter pro tempore is appointed, his or her reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in like manner. The respective district judges may, with the approval of the respective board or boards of county commissioners within the judicial district, fix a monthly salary to be paid to such official reporter in lieu of per diem in criminal cases; the salary, and also actual traveling expenses in cases where the reporter acts in more than one county, to be prorated by the judge on the basis of time consumed by criminal work in the respective counties; the salary and traveling expenses to be paid out of the respective county treasuries upon the order of the court.
3. In civil cases the fees for reporting and for transcripts ordered by to the court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole thereof. In either case all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering the same. No reporter must be required to perform any service in a civil case until his fees have been paid to him or her or deposited with the clerk of the court.
4. Where a transcript is ordered by the court or by any party, the fees for the same shall be paid to the clerk of the court and by him paid to the reporter upon the furnishing of the transcript.
________
Assembly Bill No. 466Committee on Judiciary
CHAPTER 361
AN ACT relating to estates of deceased persons; allowing certain claims or suits against a special administrator; and providing other matters properly relating thereto.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 140.040 is hereby amended to read as follows:
140.040 1. The special administrator shall:
(a) Collect and preserve for the executor or administrator when appointed all the goods, chattels and debts of the deceased, and all incomes, rents, issues, profits, claims and demands of the estate.
(b) Take charge and management of, enter upon and preserve from damage, waste and injury, the real property.
2. The special administrator may:
(a) For any and all necessary purposes, commence, maintain or defend suits and other legal proceedings as an administrator.
κ1971 Statutes of Nevada, Page 648 (CHAPTER 361, AB 466)κ
(b) Sell such perishable estate as the district court may order to be sold.
(c) Exercise such other powers as may have been conferred upon him by the appointment.
(d) Obtain leave to borrow money or to lease or mortgage or execute a deed of trust upon real property in the same manner as a general administrator.
3. In no case shall the special administrator be liable to an action by any creditor, on any claim against the estate, nor pay any claim against the decreased [.] , except for claims involving wrongful death, personal injury or property damage where the estate contains no assets other than a policy of liability insurance.
________
Assembly Bill No. 393Messrs. Wilson, Hilbrecht, Branch and May
CHAPTER 362
AN ACT relating to employees of school districts; modifying the provisions relating to leave benefits and absences from work; and providing other matters properly relating thereto.
[Approved April 17, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.180 is hereby amended to read as follows:
391.180 1. As used in this section, [teacher means a teacher, a principal or a superintendent of schools of] employee means a certificated or noncertificated employee of a school district in this state.
2. A school month in any public school in this state shall consist of 4 weeks of 5 days each, and, except as otherwise provided [, a teacher] in this section, an employee thereof shall be paid only for the time in which he is actually engaged in [teaching or in other educational] services rendered the school district.
3. Nothing contained in this section shall prohibit the payment of [teachers] employees compensation in 12 equal monthly payments for 9 or more months [teaching.] work.
4. The per diem deduction from the salary of [a teacher] an employee because of absence from service for reasons other than those specified in this section shall be made on the basis of the monthly payment of such salary.
5. [Boards of trustees may pay the salary of any teacher unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in his family, but such salary shall not be paid for more than 15 school days in the aggregate in any 1 school year, or for more than 30 school days in the aggregate for any 2 schools years, or for more than 45 school days in the aggregate for any 3 school years, or for more than 60 school days in the aggregate for any 4 school years, or for more than 75 school days in the aggregate for any 5 school years in the same school. Additional time may be granted if:
κ1971 Statutes of Nevada, Page 649 (CHAPTER 362, AB 393)κ
(a) Specifically authorized by the vote of the board of trustees upon the written request of the teacher for some special, substantial and convincing reason, and under such peculiar circumstances as to make such compensation fair and reasonable to all affected thereby and not detrimental to the school district; and
(b) Approved by the superintendent of public instruction.
6.] Boards of trustees shall prescribe such rules and regulations for sick leave, sabbatical leave, personal leave, professional leave, military leave and such other leave as they determine to be necessary or desirable for employees.
6. The salary of any employee unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in the family, may be paid up to the number of days of sick leave accumulated by the individual employee. An employee shall not be credited with more than 15 days of sick leave in any 1 school year. Rules and regulations regarding accumulation of sick leave may be promulgated by boards of trustees. Accumulated sick leave up to a maximum of 30 days may be transferred from one school district to another.
7. When an intermission of less than 6 days is ordered by the board of trustees for any good reason, no deduction of salary shall be made therefor. When on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees or by a duly constituted board of health and such intermission or closing does not exceed 30 days at any one time, there shall be no deduction or discontinuance of salaries.
________
Assembly Bill No. 779Committee on Ways and Means
CHAPTER 363
AN ACT relating to the local school support tax; requiring the state controller to make distributions from the local school support tax fund; and providing other matters properly relating thereto.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 374.785 is hereby amended to read as follows:
374.785 1. All fees, taxes, interest and penalties imposed and all amounts of tax required to be paid to counties under this chapter shall be paid to the tax commission in the form of remittances payable to the Nevada tax commission.
2. The tax commission shall transmit the payments to the state treasurer to be deposited in the state treasury to the credit of the local school support tax fund hereby created.
3. The state [treasurer] controller, acting upon the collection data furnished by the secretary of the tax commission, shall, quarterly, from the local school support tax fund:
κ1971 Statutes of Nevada, Page 650 (CHAPTER 363, AB 779)κ
(a) Transfer 1 percent of all fees, taxes, interest and penalties collected in each county to the general fund in the state treasury as compensation to the state for the costs of collecting the tax for the counties.
(b) Remit to each county treasurer an amount of money equal to the fees, taxes, interest and penalties collected in the county pursuant to this chapter less the amount transferred to the general fund of the state pursuant to paragraph (a) of this subsection.
(c) Transfer the total amount of taxes collected pursuant to this chapter from out-of-state businesses not maintaining a fixed place of business within this state to the state distributive school fund.
4. Upon receipt of the moneys remitted pursuant to paragraph (b) of subsection 3, the county treasurer shall:
(a) If the county constitutes a county school district, deposit such moneys to the credit of the county school district fund.
(b) If the county forms part of a joint school district, deposit or remit such moneys to the proper county treasurer for deposit in the joint school district fund.
________
Assembly Bill No. 323Messrs. Lowman, Olsen and Bryan
CHAPTER 364
AN ACT providing for civil, criminal and voluntary commitment of narcotic addicts to maintenance programs for treatment and rehabilitation; providing penalties; and providing other matters properly relating thereto.
[Approved April 19, 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 the provisions set forth as sections 2 to 16, inclusive, of this act.
Sec. 2. It is the purpose of this act to protect and promote the health, welfare and safety of the people of this state by combating the effects of the disease of narcotic addiction and by assisting the rehabilitation of certain narcotic addicts through a comprehensive program of treatment, research and investigation.
Sec. 3. As used in this act, unless the context requires otherwise, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed them in such sections.
Sec. 4. Division means the health division of the department of health, welfare and rehabilitation.
Sec. 5. Hospital means any institution, place, building or agency licensed by the department as a hospital and which operates facilities for the care and treatment of human illness or other abnormal physical or mental conditions on an in-patient basis, including any such facility operated by this state, any political subdivision or the Federal Government.
Sec. 6. Narcotic addict means a person of any age who has developed a compulsion to continue taking, or who has developed a psychic or physical dependence on the effects of, opium, heroin, morphine or any derivative or synthetic drug of that group.
κ1971 Statutes of Nevada, Page 651 (CHAPTER 364, AB 323)κ
or physical dependence on the effects of, opium, heroin, morphine or any derivative or synthetic drug of that group.
Sec. 7. Narcotic addiction means compulsion to continue taking, or psychic or physical dependence on the effects of, opium, heroin, morphine or any derivative or synthetic drug of that group.
Sec. 8. The division shall:
1. Within the limits of available funds, including, but not limited to, legislative appropriation, develop and implement experimental and investigational pilot clinic programs for the treatment of narcotic addicts through the administration, under medical supervision and control, of maintenance dosages of methadone, or other addicting drugs, and provide other rehabilitation services as needed in support of a methadone maintenance program.
2. Employ such personnel as may be necessary to carry out the duties imposed by sections 2 to 16, inclusive, of this act, subject to the legislative appropriation available for such purpose.
3. Adopt such rules and regulations as are necessary to carry out the purpose of sections 2 to 16, inclusive, of this act.
Sec. 9. A county or city may extend funds for the purpose of establishing or maintaining any program or service provided for in section 8 of this act.
Sec. 10. The division may:
1. Cooperate and contract with any agency of the Federal Government or other states or any political subdivision in carrying out the purposes of sections 2 to 16, inclusive, of this act; and
2. Accept any aid, grants, gifts, devises or bequests from any public or private source.
Sec. 11. 1. Every person or institution authorized to dispense or administer narcotic drugs, including, but not limited to, the following:
(a) Physicians;
(b) Dentists;
(c) Veterinarians;
(d) Pharmacists;
(e) Hospitals;
(f) Clinics; and
(g) Dispensaries,
shall furnish to the division such information as the division may require by rules and regulations.
2. Every public official or employee having duties to perform with respect to narcotic drugs shall furnish to the division such information as the division rules and regulations may require.
Sec. 12. 1. Any person who believes himself to be a narcotic addict may make application to the division for voluntary submission to treatment maintained under the provisions of section 8 of this act.
2. The division shall adopt rules and regulations relating to the requirements for voluntary submission under this section.
Sec. 13. When a narcotic addict is being treated under a program or service maintained under section 8 of this act, his estate or legally responsible relatives shall, if of sufficient ability, be liable for payment of such portion of the cost of care, treatment, rehabilitation or aftercare furnished pursuant to section 8 of this act as may be established by a rule or regulation of the division.
κ1971 Statutes of Nevada, Page 652 (CHAPTER 364, AB 323)κ
pursuant to section 8 of this act as may be established by a rule or regulation of the division.
Sec. 14. Unless otherwise requested by a narcotic addict being treated, or a person who in the past was treated, under section 8 of this act, all information in possession of the division, any rehabilitation clinic or any certified hospital concerning such person is confidential and privileged.
Sec. 15. (Deleted by amendment.)
Sec. 16. Notwithstanding any other provision of law, any physician may render emergency treatment for narcotic or dangerous drug abuse without notifying a law enforcement official or agency.
Sec. 17. NRS 433.248 is hereby amended to read as follows:
433.248 As used in NRS 433.250 to 433.290, inclusive, unless the context otherwise requires:
1. Alcoholic means a person who is so far addicted to the intemperate use of alcoholic beverages as to have lost the power of self-control.
2. Drug addict means a person who:
(a) Habitually takes or otherwise uses any narcotic or habit-forming drug [;] , other than opium, heroin, morphine or any derivative or synthetic drug of that group, or other than any maintenance dosage of a narcotic or habit-forming drug administered pursuant to chapter 453 of NRS; or
(b) Is so far addicted to the use of any stimulant or depressant drug as to have lost the power of self-control.
Sec. 18. NRS 453.030 is hereby amended to read as follows:
453.030 It shall be unlawful for any person to manufacture, possess, have under his control, sell, prescribe, administer, dispense, or compound any narcotic drug, except as authorized in [NRS 453.010 to 453.240, inclusive.] this chapter.
Sec. 19. NRS 453.080 is hereby amended to read as follows:
453.080 1. A physician or a dentist, in good faith and in the course of his professional practice [only,] or as directed by the health division of the department of health, welfare and rehabilitation at a certified hospital or at a rehabilitation clinic, may prescribe, administer and dispense narcotic drugs, or he may cause the same to be administered by a nurse or interne under his direction and supervision.
2. A veterinarian, in good faith and in the course of his professional practice only, and not for use by a human being, may prescribe, administer, and dispense narcotic drugs, and he may cause them to be administered by an assistant or orderly under his direction and supervision.
3. Any person who has obtained from a physician, dentist, or veterinarian any narcotic drug for administration to a patient during the absence of such physician, dentist, or veterinarian shall return to such physician, dentist, or veterinarian any unused portion of such drug when it is no longer required by the patient.
Sec. 20. NRS 453.140 is hereby amended to read as follows:
453.140 1. Any store, shop, office, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by narcotic drug addicts for the purpose of using narcotic drugs or which is used for the illegal keeping or selling of the same shall be deemed a common nuisance.
κ1971 Statutes of Nevada, Page 653 (CHAPTER 364, AB 323)κ
a common nuisance. No person shall keep or maintain such common nuisance.
2. Nothing contained in this section shall be construed to apply to any rehabilitation clinic established or licensed by the health division of the department of health, welfare and rehabilitation.
Sec. 21. NRS 453.183 is hereby amended to read as follows:
453.183 No person may:
1. Possess for sale or otherwise a narcotic drug except in accordance with the provisions of [NRS 453.010 to 453.240, inclusive.] this chapter.
2. Conspire with another person or persons to violate NRS 453.120 or NRS 453.143 or NRS 453.185.
Sec. 22. NRS 453.185 is hereby amended to read as follows:
453.185 No person may:
1. Induce or attempt to induce another person unlawfully to use or administer a narcotic drug.
2. Employ, induce or use a minor unlawfully to transport, carry, dispense, produce or manufacture a narcotic drug.
3. Induce or attempt to induce a minor to violate any of the provisions of [NRS 453.010 to 453.240, inclusive.] this chapter.
4. Induce or attempt to induce a minor to use a narcotic drug except in accordance with a prescription issued by a physician or dentist [.] , or as authorized in this chapter.
5. Unlawfully dispense or administer a narcotic drug to a minor.
6. Sell a narcotic drug except in accordance with the provisions of [NRS 453.010 to 453.240, inclusive.] this chapter.
Sec. 23. NRS 453.188 is hereby amended to read as follows:
453.188 It is unlawful for any person knowingly to use or be under the influence of a narcotic drug except [in accordance with a prescription issued to such person by a physician, podiatrist or dentist.] :
1. In accordance with a prescription issued to such person by a physician, podiatrist or dentist; or
2. When administered to such person at a rehabilitation clinic established or licensed by the health division of the department of health, welfare and rehabilitation, or a hospital certified by the department.
Sec. 24. NRS 453.189 is hereby amended to read as follows:
453.189 1. It is unlawful for any person to procure or purchase more than one quantity of any narcotic preparation exempt pursuant to NRS 453.090 within any 48-hour period. Each purchase in excess of the quantity allowable pursuant to NRS 453.090 within any 48-hour period constitutes a separate and distinct offense.
2. Any person violating the provisions of subsection 1 is guilty:
(a) For the first offense, of a misdemeanor.
(b) For the second and any subsequent offense, of a gross misdemeanor.
3. Nothing in this section shall be construed to apply to any person determined to be a narcotic addict who is receiving treatment at a rehabilitation clinic by the health division of the department of health, welfare and rehabilitation, or a hospital certified by the department.
Sec. 25. NRS 453.200 is hereby amended to read as follows:
453.200 It is hereby made the duty of the state board of pharmacy, its officers, agents, inspectors and representatives, and of all peace officers within the state and of all district attorneys to enforce all provisions of [NRS 453.010 to 453.240, inclusive,] this chapter, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to narcotic drugs.
κ1971 Statutes of Nevada, Page 654 (CHAPTER 364, AB 323)κ
its officers, agents, inspectors and representatives, and of all peace officers within the state and of all district attorneys to enforce all provisions of [NRS 453.010 to 453.240, inclusive,] this chapter, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to narcotic drugs.
________
Senate Bill No. 282Clark County Delegation
CHAPTER 365
AN ACT to amend an act entitled An act to create a water district in the Las Vegas valley, Clark County, Nevada; to provide for the procurement, storage, distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the groundwater resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds and other securities; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds and other securities of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto, approved March 27, 1947, as amended.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5.1 of the above-entitled act, being chapter 167, Statutes of Nevada 1947, as added by chapter 401, Statutes of Nevada 1957, at page 772, is hereby amended to read as follows:
Section 5.1. 1. Notwithstanding any other provision of this act, the terms of office of all directors of the district shall expire on the 1st Monday of January following the general election in 1958.
2. At the general election in 1958, seven directors shall be elected at large within the district, one from each division thereof. Three of such directors shall be elected for terms of 2 years and four for terms of 4 years.
3. Thereafter, at each general election, the offices of directors of the district shall be filled for terms of 4 years in the order in which the terms of office expire.
4. At the general election of 1972 and thereafter, the directors of divisions 1, 2 and 5 shall not run at large, but each candidate for each division shall be voted upon only by the electors of that division.
5. At the general election of 1974 and thereafter, the directors of divisions 3, 4, 6 and 7 shall not run at large, but each candidate for each division shall be voted upon only by the electors of that division.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 655κ
Assembly Bill No. 662Mr. May
CHAPTER 366
AN ACT establishing the bureau of population affairs in the health division of the department of health, welfare and rehabilitation; providing for a secretary of population affairs and his staff; prescribing his duties; authorizing application to be made for federal aid; and providing other matters properly relating thereto.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Sections 2 to 7, inclusive, of this act may be cited as the Family Planning Services and Population Research Law.
Sec. 3. It is the purpose of sections 2 to 7, inclusive, of this act to:
1. Assist in making comprehensive voluntary family planning services readily available to all persons desiring such services;
2. Coordinate domestic population and family planning research with the present and future needs of family planning programs;
3. Improve administrative and operational supervision of domestic family planning services and of population research programs related to such services;
4. Enable public and nonprofit private entities to plan and develop comprehensive programs of family planning services;
5. Develop and make readily available information, including educational materials, on family planning and population growth to all persons desiring such information;
6. Evaluate and improve the effectiveness of family planning service programs and of population research;
7. Assist in providing trained manpower needed to carry out effectively programs of population research and family planning services; and
8. Establish a bureau of population affairs in the health division of the department of health, welfare and rehabilitation, as a primary focus within Nevada on a statewide basis.
Sec. 4. 1. There is established within the health division of the department of health, welfare and rehabilitation a bureau of population affairs to be directed by a secretary for population affairs under the direct supervision of the state health officer. The secretary for population affairs shall be appointed by the state health officer.
2. The secretary is authorized to provide the bureau of population affairs with such full-time professional and clerical staff and with the services of such consultants as may be necessary for it to carry out its duties and functions.
Sec. 5. The secretary shall utilize the staff for population affairs to:
1. Administer and be responsible for all population and family planning research carried on directly by the department of health, welfare and rehabilitation or supported by the department through grants to, or contracts with, entities and individuals;
2. Act as a clearinghouse for information pertaining to domestic and international population research and family planning programs for use by all interested persons and public and private entities;
κ1971 Statutes of Nevada, Page 656 (CHAPTER 366, AB 662)κ
international population research and family planning programs for use by all interested persons and public and private entities;
3. Provide a liaison with the activities carried on by other agencies and instrumentalities of the Federal Government relating to population research and family planning;
4. Provide or support training for necessary manpower for Nevada programs of population research and family planning programs of service and research; and
5. Coordinate and be responsible for the evaluation of the other department of health, welfare and rehabilitation and health division programs related to population research and family planning and to make periodic recommendations to the state health officer.
Sec. 6. 1. Not later than 6 months after the effective date of this act, the secretary shall make a report to the welfare division setting forth a plan, to be carried out over a period of 5 years, for extension of family planning services to all persons desiring such services, for family planning and population research programs and for training of necessary manpower for the programs.
2. Such a plan shall, at a minimum, indicate on a phased basis:
(a) The number of individuals to be served by family planning programs;
(b) The types of family planning and population growth information and educational materials to be developed, and how they will be made available;
(c) The research goals to be reached;
(d) The manpower to be trained;
(e) An estimate of the costs and personnel requirements needed to meet these objectives; and
(f) The steps to be taken to establish a systematic reporting system capable of yielding comprehensive data on which service figures and program evaluations for the welfare division shall be based.
Sec. 7. The health division, through the director of the department of health, welfare and rehabilitation, is authorized to make application to the Department of Health, Education, and Welfare for funding under Public Law 91-572, Family Planning Service and Research Act of 1970.
________
Assembly Bill No. 684Committee on Commerce
CHAPTER 367
AN ACT permitting the secretary of the public service commission of Nevada to conduct public hearings when so directed by the commission.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 703.110 is hereby amended to read as follows:
703.110 1. The majority of the commissioners shall have full power to act in all matters within their jurisdiction.
κ1971 Statutes of Nevada, Page 657 (CHAPTER 367, AB 684)κ
2. If two commissioners are disqualified or if there are two vacancies within the commission, the remaining commissioner shall exercise all the powers of the commission.
3. Public hearings shall be conducted by one or more commissioners [.] or, when so directed by the commission, by the secretary.
________
Assembly Bill No. 593Mr. Glaser
CHAPTER 368
AN ACT relating to courts of justice; authorizing the investment of moneys deposited; and providing other matters properly relating thereto.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 355 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. When any money has been deposited in any court pursuant to law or rule of court, and when in the judgment of the clerk of such court, or the judge thereof if there is no clerk, payment out of such deposit will not be required for 90 days or more, the clerk or the judge, as the case may be, may invest the money so deposited, either alone or by commingling it with other moneys deposited.
2. The investment may be made:
(a) By deposit at interest in a state or national bank in the State of Nevada; or
(b) In bills, bonds, debentures, notes or other securities whose purchase by a board of county commissioners is authorized by NRS 355.170.
3. The interest earned from any investment of money pursuant to this section shall be deposited to the credit of the general fund of the political subdivision or municipality which supports the court.
Sec. 2. NRS 356.200 is hereby amended to read as follows:
356.200 1. With unanimous consent of their bondsmen, county officers, other than county treasurers, may deposit county funds received in their respective offices in any bank located at the county seat.
2. Whenever the written consent of any bondsman or bondsmen to such deposit has not been obtained, such bondsman or bondsmen shall, upon giving notice as required by law, be released from all responsibility on the bond of such officer.
3. Such accounts shall be kept in the name of the county in such manner as the board of county commissioners may prescribe.
4. The balances in such banks, as certified by the proper officer thereof, and by oath of the county treasurer, may be counted as cash.
5. All moneys deposited in any depositary bank by such county officer may be drawn out by such officer on check payable only to the county treasurer or his order, but every county assessor may also withdraw money received in payment of motor vehicle license fees by check payable to the department of motor vehicles, and may also withdraw money received in payment of motor vehicle use taxes by check payable to the Nevada tax commission.
κ1971 Statutes of Nevada, Page 658 (CHAPTER 368, AB 593)κ
received in payment of motor vehicle use taxes by check payable to the Nevada tax commission.
6. The county officer shall keep a check register which shall show the amount of county money on deposit and shall list every check drawn upon the depositary bank, numbering such checks consecutively.
7. Not later than the 1st Monday of each month, the county officer maintaining such deposit shall draw upon the deposit for the full amount of county funds deposited therein during the preceding month, such withdrawal to be by check payable to the county treasurer, and shall thereupon deliver such check to the county treasurer.
8. This section does not apply to any deposit made by the clerk of any court pursuant to section 1 of this act.
________
Assembly Bill No. 526Committee on Government Affairs
CHAPTER 369
AN ACT amplifying the definition of local government under the Local Government Purchasing Act.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 332.020 is hereby amended to read as follows:
332.020 For the purpose of this chapter local government means every political subdivision or other entity which has the right to levy or receive moneys from ad valorem taxes, or other taxes or from any mandatory assessments and includes without limitation counties, cities, towns, school districts and other districts organized pursuant to chapters 244, 309, 318, 379, 450, 473, 474, 539, 540, 541, 542, [and] 543, 555 of NRS, county fair and recreation boards and the Las Vegas Valley Water District.
[Local government does not include a district formed pursuant to chapters 309 or 318 of NRS.]
________
Assembly Bill No. 496Committee on Health and Welfare
CHAPTER 370
AN ACT exempting vending stands and facilities operated by blind persons from property tax; and providing other matters properly relating thereto.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.157 is hereby amended to read as follows:
361.157 1. When any real estate which for any reason is exempt from taxation is leased, loaned or otherwise made available to and used.
κ1971 Statutes of Nevada, Page 659 (CHAPTER 370, AB 496)κ
by a private individual, association, partnership or corporation in connection with a business conducted for profit, it shall be subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of such real estate. This section does not apply to:
(a) Property located upon or within the limits of a public airport, park, market, fairground or upon similar property which is available to the use of the general public; or
(b) Federal property for which payments are made in lieu of taxes in amounts equivalent to taxes which might otherwise be lawfully assessed; or
(c) Property of any state-supported educational institution; or
(d) Property leased or otherwise made available to and used by a private individual, association, corporation, municipal corporation, quasi-municipal corporation or a political subdivision under the provisions of the Taylor Grazing Act or by the United States Forest Service or the Bureau of Reclamation of the United States Department of the Interior; or
(e) Property of any Indian or of any Indian tribe, band or community which is held in trust by the United States or subject to a restriction against alienation by the United States.
(f) Vending stand locations and facilities operated by blind persons under the auspices of the services to the blind division of the department of health, welfare and rehabilitation, regardless of whether such property is owned by the federal, state or a local government.
2. Taxes shall be assessed to such lessees or users of real estate and collected in the same manner as taxes assessed to owners of real estate, except that such taxes shall not become a lien against the property. When due, such taxes shall constitute a debt due from the lessee or user to the county for which such taxes were assessed and if unpaid shall be recoverable by the county in the proper court of such county.
Sec. 2. NRS 361.159 is hereby amended to read as follows:
361.159 1. Personal property exempt from taxation which is leased, loaned or otherwise made available to and used by a private individual, association or corporation in connection with a business conducted for profit is subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of such property [.] , except for personal property used in vending stands operated by blind persons under the auspices of the services to the blind division of the department of health, welfare and rehabilitation, regardless of whether such property is owned by the federal, state or a local government.
2. Taxes shall be assessed to such lessees or users of such personal property and collected in the same manner as taxes assessed to owners of personal property, except that such taxes shall not become a lien against such personal property. When due, such taxes constitute a debt due from the lessee or user to the county for which such taxes were assessed and if unpaid shall be recoverable by the county in the proper court of such county.
________
κ1971 Statutes of Nevada, Page 660κ
Assembly Bill No. 180Committee on Judiciary
CHAPTER 371
AN ACT excluding the offices of assemblyman and state senator from quo warranto actions.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 35.010 is hereby amended to read as follows:
35.010 A civil action may be brought in the name of the state:
1. Against a person who usurps, intrudes into, or unlawfully holds or exercises, a public office, civil or military, except the office of assemblyman or state senator, or a franchise, within this state, or an officer in a corporation created by the authority of this state.
2. Against a public officer, civil or military, except the office of assemblyman or state senator, who does or suffers an act which, by the provisions of law, works a forfeiture of his office.
3. Against an association of persons who act as a corporation within this state without being legally incorporated.
Sec. 2. NRS 35.050 is hereby amended to read as follows:
35.050 A person claiming to be entitled to a public office, except the office of assemblyman or state senator, unlawfully held and exercised by another may, by himself or by an attorney and counselor at law, bring an action therefor in the name of the state, as provided in this chapter. On filing the complaint, such person shall enter into an undertaking with two sufficient sureties, to be approved by the judge, or any judge of the court in which the action is brought, conditioned that such person will pay any judgment for costs or damages recovered against him, and all costs and expenses incurred in the prosecution of the action, which undertaking shall be filed with the clerk of the court.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 335Committee on Health and Welfare
CHAPTER 372
AN ACT repealing selected sections of chapter 446 of NRS, relating to definitions, unlawful practices and sanitary requirements concerning food and drink establishments.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 446.010, 446.011, 446.012, 446.013, 446.014, 446.015, 446.016, 446.018, 446.051, 446.055, 446.060, 446.061, 446.062, 446.063, 446.064, 446.065, 446.066, 446.068, 446.070, and 446.400 to 446.860, inclusive, are hereby repealed.
________
κ1971 Statutes of Nevada, Page 661κ
Assembly Bill No. 789Committee on Taxation
CHAPTER 373
AN ACT changing the amount permissible to assess for water distribution expenses of an adjudicated stream system which irrigates more than a certain number of acres of land.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 533.280 is hereby amended to read as follows:
533.280 1. The state engineer shall, between the 1st Monday of October and the 1st Monday of December of each year, prepare a budget of the amount of money estimated to be necessary to pay the expenses of the stream system or each water district for the then current year.
2. The budget shall show the following detail:
(a) The aggregate amount estimated to be necessary to pay the expenses of the stream system or water district.
(b) The aggregate water rights in the stream system or water district as determined by the state engineer or the court.
(c) The unit charge necessary to provide the funds required.
(d) The charge against each water user, which shall be based upon the proportion which his water right bears to the aggregate water rights in the stream system; but the minimum charge shall be $1.
3. When the stream system lies in more than one county, a separate budget shall be prepared for each county showing only the claimants and charges assessable within the county.
4. When the stream system irrigates more than 200,000 acres of land, the assessment for water distribution expenses shall not exceed [6] 8 cents per acre-foot of water decreed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 760Committee on Judiciary
CHAPTER 374
AN ACT exempting the welfare division of the department of health, welfare and rehabilitation from the operation of the Administrative Procedure Act; adjusting and clarifying the fair hearing procedures; and providing other matters properly relating thereto.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 233B.030 is hereby amended to read as follows:
233B.030 In this chapter, unless the context otherwise requires:
1. Agency means each public agency, bureau, board, commission, department, division, officer or employee of the executive department of the state government authorized by law to make regulations or to determine contested cases, except:
κ1971 Statutes of Nevada, Page 662 (CHAPTER 374, AB 760)κ
the state government authorized by law to make regulations or to determine contested cases, except:
(a) The governor.
(b) Any penal or educational institution.
(c) Any agency acting within its capacity as administrator of the military affairs of this state.
(d) The state gaming control board.
(e) The Nevada gaming commission.
(f) The state board of parole commissioners.
(g) The welfare division of the department of health, welfare and rehabilitation.
2. Contested case means a proceeding, including but not restricted to ratemaking and licensing, in which the legal rights, duties or privileges of a party are required by law to be determined by the agency after an opportunity for hearing. Nothing contained in this section shall be construed to require a hearing where not otherwise required by law or regulation.
3. License means the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law. Licensing means the agency procedure whereby the license is granted, denied, revoked, suspended, annulled, withdrawn or amended.
4. Party means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party in any contested case.
5. Person means any individual, partnership, corporation, association, political subdivision or public or private organization of any character other than an agency.
6. Regulation means each agency rule, standard, directive or statement of general applicability that implements or interprets law or policy, or describes the organization, procedure or practice requirements of any agency. The term includes the amendment or repeal of a prior regulation, but does not include:
(a) Statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public;
(b) Declaratory rulings issued pursuant to NRS 233B.120;
(c) Intra-agency memoranda;
(d) Agency decisions and findings in contested cases;
(e) Regulations concerning the use of public roads or facilities which are indicated to the public by means of signs and signals; or
(f) Any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control.
Sec. 2. NRS 424.150 is hereby amended to read as follows:
424.150 1. [The welfare division of the department of health, welfare and rehabilitation shall conduct a hearing before the state welfare board upon the petition of any person to whom the welfare divisions has refused to issue a license to operate a child care facility, or whose license the division has revoked or refused to renew.
κ1971 Statutes of Nevada, Page 663 (CHAPTER 374, AB 760)κ
refused to issue a license to operate a child care facility, or whose license the division has revoked or refused to renew.
2. The welfare division shall, subject to the approval of the attorney general, establish rules and regulations for the conduct of such hearings.] If any applicant or licensee is dissatisfied with any action taken by or failure to act on the part of the welfare division of the department of health, welfare and rehabilitation in respect to his case, he shall have the right to appeal to the welfare division and the right to be represented in such appeal by counsel.
2. The welfare division shall provide an opportunity for a fair hearing of such individuals appeal and shall review his case in all matters in respect to which he is dissatisfied.
3. If such individual feels himself aggrieved by the decision of the welfare division in respect to his case he shall have the right, at any time within 90 days after the mailing to him, by registered or certified mail, of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the welfare division, a copy of which shall be certified as correct by the state welfare administrator and filed by the welfare division with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the welfare division, or, if it concludes that the findings of the welfare division are not supported by evidence or that the welfare divisions decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the welfare division for further proceedings in conformity with the decision of the court.
Sec. 3. NRS 425.120 is hereby amended to read as follows:
425.120 1. If an application is not acted upon by the welfare division within a reasonable time after the filing of the application, or is denied in whole or in part, or if any grant of assistance is modified or canceled, under any provision of this chapter, the applicant or recipient [may appeal to the board from the decision of the welfare division.
2. The appeal shall be taken in the manner and within the time prescribed by the board, and the board shall establish rules and regulations providing that on receipt of such an appeal the applicant or recipient shall be given reasonable notice and an opportunity for a fair hearing.
3. All decisions of the board made on appeal shall be final.] shall have the right to appeal to the welfare division and the right to be represented in such appeal by counsel.
2. The welfare division shall provide an opportunity for a fair hearing of such individuals appeal and shall review his case in all matters in respect to which he is dissatisfied.
3. If such individual feels himself aggrieved by the decision of the welfare division in respect to his case he shall have the right, at any time within 90 days after the mailing to him, by registered or certified mail, of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the welfare division, a copy of which shall be certified as correct by the by the state welfare administrator and filed by the welfare division with the clerk of the court as part of its answer to any such petition for review.
κ1971 Statutes of Nevada, Page 664 (CHAPTER 374, AB 760)κ
correct by the by the state welfare administrator and filed by the welfare division with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the welfare division, or, if it concludes that the findings of the welfare division are not supported by evidence or that the welfare divisions decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the welfare division for further proceedings in conformity with the decision of the court.
Sec. 4. NRS 427.240 is hereby amended to read as follows:
427.240 [Every person claiming or receiving assistance who is aggrieved because of the welfare divisions action or failure to act shall be afforded reasonable notice and an opportunity for a fair hearing by the welfare division.]
1. If any applicant or recipient is dissatisfied with any action taken by or failure to act on the part of the welfare division of the department of health, welfare and rehabilitation in respect to his case, he shall have the right to appeal to the welfare division and the right to be represented in such appeal by counsel.
2. The welfare division shall provide an opportunity for a fair hearing of such individuals appeal and shall review his case in all matters in respect to which he is dissatisfied.
3. If such individual feels himself aggrieved by the decision of the welfare division in respect to his case he shall have the right, at any time within 90 days after the mailing to him, by registered or certified mail, of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the welfare division, a copy of which shall be certified as correct by the state welfare administrator and filed by the welfare division with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the welfare division, or, if it concludes that the findings of the welfare division are not supported by evidence or that the welfare divisions decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the welfare division for further proceedings in conformity with the decision of the court.
Sec. 5. NRS 428.300 is hereby amended to read as follows:
428.300 [Every individual claiming or receiving assistance who is aggrieved because of the divisions action or failure to act shall be afforded reasonable notice and an opportunity for a fair hearing by the division.]
1. If any applicant or recipient is dissatisfied with any action taken by or failure to act on the part of the welfare division of the department of health, welfare and rehabilitation in respect to his case, he shall have the right to appeal to the welfare division and the right to be represented in such appeal by counsel.
2. The welfare division shall provide an opportunity for a fair hearing of such individuals appeal and shall review his case in all matters in respect to which he is dissatisfied.
3. If such individual feels himself aggrieved by the decision of the welfare division in respect to his case he shall have the right, at any time within 90 days after the mailing to him, by registered or certified mail, of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the welfare division, a copy of which shall be certified as correct by the state welfare administrator and filed by the welfare division with the clerk of the court as part of its answer to any such petition for review.
κ1971 Statutes of Nevada, Page 665 (CHAPTER 374, AB 760)κ
welfare division in respect to his case he shall have the right, at any time within 90 days after the mailing to him, by registered or certified mail, of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the welfare division, a copy of which shall be certified as correct by the state welfare administrator and filed by the welfare division with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the welfare division, or, if it concludes that the findings of the welfare division are not supported by evidence or that the welfare divisions decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the welfare division for further proceedings in conformity with the decision of the court.
Sec. 6. NRS 431.090 is hereby amended to read as follows:
431.090 1. [Any person affected by any decision or order of the welfare division under this chapter may appeal therefrom to the state welfare board within 15 days of receipt of the decision or order appealed from. Upon such appeal, opportunity shall be provided for a prompt and fair hearing, in accordance with rules promulgated by the state welfare board.
2. Such appeal shall not stay the proceedings of the welfare division, nor affect such order or decision unless otherwise ordered by the state welfare board.] If any applicant or licensee is dissatisfied with any action taken by or failure to act on the part of the welfare division of the department of health, welfare and rehabilitation in respect to his case, he shall have the right to appeal to the welfare division and the right to be represented in such appeal by counsel.
2. The welfare division shall provide an opportunity for a fair hearing of such individuals appeal and shall review his case in all matters in respect to which he is dissatisfied.
3. If such individual feels himself aggrieved by the decision of the welfare division in respect to his case he shall have the right, at any time within 90 days after the mailing to him, by registered or certified mail, of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the welfare division, a copy of which shall be certified as correct by the state welfare administrator and filed by the welfare division with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the welfare division, or, if it concludes that the findings of the welfare division are not supported by evidence or that the welfare divisions decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the welfare division for further proceedings in conformity with the decision of the court.
Sec. 7. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 666κ
Assembly Bill No. 747Committee on Judiciary
CHAPTER 375
AN ACT relating to trade regulations and practices; prohibiting pyramid promotional sales and endless chains; providing a penalty and injunctive relief; authorizing the commencement of quo warranto proceedings by the attorney general against offending corporations; and providing other matters properly relating thereto.
[Approved April 19, 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 the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. For the purpose of sections 2 to 5, inclusive, of this act:
1. Compensation does not mean payment based on sales of goods or services to persons who are not participants in a pyramid promotional scheme or endless chain and who are not purchasing in order to participate in such a program.
2. Person included a company, partnership, association or corporation and its employees, as well as a natural person.
3. Promotes means inducing one or more other persons to become a participant in a pyramid promotional scheme or endless chain.
4. A pyramid promotional scheme means any program or plan for the disposal or distribution of property and merchandise or property or merchandise by which a participant gives or pays a valuable consideration for the opportunity or chance to receive any compensation or thing of value in return for procuring or obtaining one or more additional persons to participate in the program, or for the opportunity to receive compensation of any kind when a person introduced to the program or plan by the participant procures or obtains a new participant in such a program.
Sec. 3. Every person who contrives, prepares, sets up, proposes, operates, advertises or promotes any pyramid promotional scheme or endless chain is guilty of a misdemeanor.
Sec. 4. All contracts and agreements, existing or made in the future, which have any part of the consideration given for the right to participate in a pyramid promotional scheme or endless chain as defined in sections 2 to 5, inclusive, of this act are against public policy and voidable by a participant.
Sec. 5. In addition to any other relief available under sections 2 to 5, inclusive, of this act:
1. The attorney general or any district attorney may commence an action in the district court having jurisdiction of the area where a pyramid promotional scheme or endless chain is being prepared, operated or promoted to enjoin or obtain any other equitable relief to prevent the further preparation, operation, promotion or prosecution of such scheme or chain. In addition to the relief authorized by this section, the court may award reasonable attorneys fees and costs in any action brought under this section.
2. The attorney general or any district attorney may petition the district court having jurisdiction of the area where a pyramid promotional scheme or endless chain is being prepared, operated or promoted to appoint receivers to secure and distribute in an equitable manner any assets received by any participant as a result of such scheme or program.
κ1971 Statutes of Nevada, Page 667 (CHAPTER 375, AB 747)κ
appoint receivers to secure and distribute in an equitable manner any assets received by any participant as a result of such scheme or program. Any such distribution shall effect, to the extent possible, reimbursement for uncompensated payments made to become a participant in the scheme. In any such action, the court may, in addition, to any other relief or reimbursement, award reasonable attorneys fees and costs.
3. The attorney general may commence a proceeding in quo warranto pursuant to the provisions of chapter 35 of NRS against a corporation which contrives, prepares, sets up, proposes, operates, advertises or promotes any pyramid promotional scheme or endless chain, such act or acts being hereby declared an act or acts which amount to a surrender or a forfeiture of its corporate rights, privileges and franchises.
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 468Mr. Getto (by request)
CHAPTER 376
AN ACT relating to petroleum products; requiring new labeling, advertising and specification requirements; and providing other matters properly relating thereto.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 590.020 is hereby amended to read as follows:
590.020 1. When used in NRS 590.010 to [590.150,] 590.330, inclusive, unless the context otherwise requires:
(a) Advertising medium means any sign, printed or written matter, or device for oral or visual communication.
(b) Person means any firm, association or corporation, as well as a natural person.
(c) Petroleum products means gasoline, distillate, kerosene, motor fuel, lubricating oil and motor oil, or any product represented as motor oil or lubricating oil, but does not include liquefied petroleum gas [.] or motor oil additives.
(d) Additives means a substance to be added to a motor oil or lubricating oil to impart or improve desirable properties or to suppress undesirable properties.
2. The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of NRS 590.010 to [590.150,] 590.330, inclusive.
Sec. 2. NRS 590.040 is hereby amended to read as follows:
590.040 1. It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale or assist in the sale of or permit to be sold or offered for sale any gasoline, distillate or oil represented as lubricating oil for internal combustion engines, unless there shall be firmly attached to or painted at or as near as practicable to the point of outlet of the container from which or into which the gasoline, distillate, or oil represented as lubricating oil or motor oil for internal combustion engines is drawn or poured out for sale or delivery a sign or label consisting of the word or words, in letters not less than one-half inch in height, comprising the brand or trade name of the petroleum product followed by the word or words, in letters not less than one-half inch in height, Gasoline, Distillate, Lubricating Oil or Motor Oil, as the case may be.
κ1971 Statutes of Nevada, Page 668 (CHAPTER 376, AB 468)κ
represented as lubricating oil or motor oil for internal combustion engines is drawn or poured out for sale or delivery a sign or label consisting of the word or words, in letters not less than one-half inch in height, comprising the brand or trade name of the petroleum product followed by the word or words, in letters not less than one-half inch in height, Gasoline, Distillate, Lubricating Oil or Motor Oil, as the case may be. All containers and dispensers of lubricating and motor oil shall also be labeled in the same manner with the S.A.E grade classification number. If a lubricating or motor oil has more than one S.A.E. grade classification number, each S.A.E. grade classification number shall be included in the label. When such sign or label is attached to the faucet or valve of a tank truck or tank wagon, the letters shall be not less than one-half of an inch in height.
2. The inlet end of the fill pipe to each underground storage tank of gasoline or distillate shall be labeled with the brand name and the grade of the gasoline or distillate contained therein.
3. Petroleum product delivery outlets on tank delivery trucks shall be labeled to comply with the requirements of this section prior to departure from the bulk plants.
4. If any gasoline shall have no brand or trade name, the sign or label required by subsection 1 shall consist of the words, in letters not less than 3 inches high, Gasoline, No Brand.
5. If any distillate shall have no brand or trade name, the sign or label required by subsection 1 shall consist of the words, in letters not less than 3 inches high, Distillate, No Brand.
6. If any lubricating oil or motor oil shall have no brand or trade name, the sign or label required by subsection 1 shall consist of the words, in letters not less than 3 inches high, Lubricating Oil, No Brand, or Motor Oil, No Brand.
7. On any container with a net content of 1 United States gallon or less, the letters S.A.E., the brand, trade-mark or trade name, the name and address of the distributor or manufacturer, the grade classification number, and the words Motor Oil or Lubricating Oil may be painted, printed, embossed or otherwise firmly affixed on such container in letters and numerals [not less than one-sixteenth inch in width and not less than one-fourth inch in height,] of legible size, and such designation shall constitute compliance with the provisions of this section.
8. Small hand measures used for delivery of petroleum products, and filled in the presence of the customer, need not be labeled in accordance with the provisions of NRS 590.010 to 590.150, inclusive, if the receptacle, container or pump from which petroleum products are drawn or poured into such hand measures is properly labeled as required by the provisions of NRS 590.010 to 590.150, inclusive.
Sec. 3. NRS 590.060 is hereby amended to read as follows:
590.060 1. Except as provided in NRS 590.063 and 590.065, it is unlawful for any person, or any officer, agent or employee thereof to adulterate any petroleum products, and to sell, attempt to sell, offer for sale or assist in the sale of any of the products resulting from the adulteration, and to represent such product as the petroleum product of a brand or trade name in general use by any other marketer or producer of petroleum products.
κ1971 Statutes of Nevada, Page 669 (CHAPTER 376, AB 468)κ
2. Whenever the description of any petroleum product is displayed on any tank, receptacle, or other delivery device used for sale to the public, the kind, character and name of the petroleum product dispensed therefrom must correspond to the representations thereon.
3. It is unlawful for any person, or any officer, agent or employee thereof, to deposit or deliver into any tank, receptacle or other container any gasoline, distillate or lubricating oil other than the gasoline, distillate or lubricating oil intended to be stored in such tank, receptacle or container and distributed therefrom, as indicated by the name of the producer, manufacturer or distributor or the trade name of the product displayed on the container itself, or on the pump or other distributing device used in connection therewith; but this section shall not apply to any person who sells or offers for sale under his or its own name or brand the product or output of another manufacturer or producer, with the consent of such manufacturer or producer.
4. Except as provided in NRS 590.010 to 590.150, inclusive, if any lubricating or motor oil sold, or offered for sale or delivery, has been previously used for the lubrication of internal combustion engines or any gearing or shafting attached or connected thereto, or for any other lubricating purposes, or has been rerun or filtered, redistilled or reclaimed, or rerefined, the container shall bear a superimposed sign or label containing the clearly legible words Reclaimed Motor Oil or Lubricating Oil, [Reclaimed.] Reclaimed, and the name and address of the distributor, processor or manufacturer.
Sec. 4. NRS 590.080 is hereby amended to read as follows:
590.080 Crankcase drainings, lube-distillate, or any other petroleum product shall not be sold, offered for sale, delivered, offered for delivery or stored as a motor oil or lubricating oil for use in an internal combustion engine unless such product conforms to the following specifications:
1. It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the testing procedures approved by the state sealer of weights and measures.
2. The flash points for the various S.A.E. (Society of Automotive Engineers) classifications shall not be less than the following when tested by the Cleveland Open Cup Method in accordance with the testing procedures approved by the state sealer of weights and measures. The S.A.E. classification number of motor or lubricating oils shall conform to the latest Society of Automotive Engineers viscosity classification.
Viscosity Sayboldt Seconds
Minimum Flash Degrees Universal 210 Degrees
S.A.E. Number Fahrenheit Fahrenheit
5W 305
10W 335
20 and 20W 345
30 355
40 375
50 400
60 435 110 to less than 125
70 470 125 to less than 150
κ1971 Statutes of Nevada, Page 670 (CHAPTER 376, AB 468)κ
3. The provisions of this section shall not apply to prediluted snowmobile or other cold weather vehicle oils.
Sec. 5. NRS 590.170 is hereby amended to read as follows:
590.170 1. No person shall keep, maintain or display in this state any advertising medium which indicates or shows or advertises the price of gasoline or other motor vehicle fuel sold, offered for sale or advertised for sale from such premises, unless the actual price per gallon of gasoline or other motor vehicle fuel, including taxes, is also shown on such advertising medium, together with the word or words gasoline or motor fuel, [the word tax when the tax is separately shown or the words tax included when the tax is not separately shown,] and the trade name or brand.
2. For the purposes of subsection 1, retail devices displaying the unit price in order to compute or record deliveries shall not be considered an advertising medium.
________
Assembly Bill No. 719Clark County Delegation
CHAPTER 377
AN ACT providing that the contents of county gaming licenses shall be specified by county ordinance; and providing other matters properly relating thereto.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.230 is hereby amended to read as follows:
463.230 1. Any person to whom a state license has been issued as hereinabove provided may, upon proper application to the sheriff of the county wherein it is proposed that such gaming operation shall be conducted, be issued a license for each particular device or game or slot machine, upon compliance with such conditions and regulations as may be imposed by the county, and on payment to the sheriff of license fees as required by law or ordinance.
2. Licenses shall: [be prepared by the county auditor and shall be issued and accounted for as is by law provided in respect to other county licenses. Every license issued to any person by the sheriff under this chapter shall contain the name of the licensee and a particular description of the room and premises in which the licensee intends to carry on, conduct or operate any slot machine, game or device, and shall specify the particular type of slot machine, or the particular game or the particular device by name. Any such license shall not be transferable by the licensee to any other person, and shall be valid only for the particular room and premises described therein and the specific slot machine, game or device for which it is issued; but nothing herein shall be deemed to forbid the issuance of a single license certificate evidencing that two or more slot machines or games are licensed for the same premises and location, giving the denomination of each such slot machine and the type of game or device.]
κ1971 Statutes of Nevada, Page 671 (CHAPTER 377, AB 719)κ
(a) Be prepared by the county auditor or by the county comptroller, if such officer is appointed pursuant to NRS 251.170, and shall contain such information as is required by county ordinance.
(b) Be issued and accounted for as is provided by law with respect to other county licenses.
(c) Not be transferable by the licensee to any other person.
________
Assembly Bill No. 497Committee on Health and Welfare
CHAPTER 378
AN ACT removing the state board of examiners for nursing home administrators from the health division of the department of health, welfare and rehabilitation; authorizing the deposit of such boards moneys in banks and savings and loan associations; and providing other matters properly relating thereto.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 654.050 is hereby amended to read as follows:
654.050 There is hereby created within [the health division of] the department of health, welfare and rehabilitation the Nevada state board of examiners for nursing home administrators.
Sec. 2. NRS 654.120 is hereby amended to read as follows:
654.120 1. The secretary of the board shall receive and account for all moneys paid to the board under this chapter. [The secretary shall transmit such moneys to the state treasurer, who shall keep them in a separate fund account to be designated as the Nevada state board of examiners for nursing home administrators fund account.] The secretary of the board shall deposit such moneys in banks or savings and loan associations in the State of Nevada.
2. All moneys received by the board under this chapter shall be used to:
(a) Pay the per diem and travel expenses of the board.
(b) Administer the provisions of this chapter.
3. Any moneys which remain at the end of the fiscal year shall be retained by the board for future disbursement for the purposes enumerated in subsection 2.
Sec. 3. On July 1, 1971, the state treasurer shall deliver to the secretary of the Nevada state board of examiners for nursing home administrators all moneys in the Nevada state board of examiners for nursing home administrators fund account.
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κ1971 Statutes of Nevada, Page 672κ
Senate Bill No. 90Committee on Judiciary
CHAPTER 379
AN ACT relating to the licensing and control of corporate gaming; requiring the Nevada gaming commission to adopt and maintain regulations; authorizing the state gaming control board to employ experts in the fields of corporate organization and management; permitting the adoption of rules and regulations relating to the disclosure of information concerning licensees and applicants; requiring independent audits of certain nonrestricted licensees; conforming statutory requirements for information to be provided by corporate applicants and licensees; authorizing licensed corporations to change corporate officers and directors without prior approval; eliminating the requirement of filing copies of federal income tax returns; clarifying provisions concerning the Nevada gaming commissions continuing powers over holding companies; authorizing an exemption concerning the contents of securities of publicly traded corporations; repealing NRS 463.565 relating to the disclosure of certain records and documents; and providing other matters properly relating thereto.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The commission shall, with the advice and assistance of the board, adopt regulations to implement the provisions of NRS 463.482 to 463.641, inclusive, and shall thereafter maintain such regulations in conformity thereto.
Sec. 3. The board may employ the services of experts in the fields of corporate organization and management for the purposes of consultation or investigation without the necessity of their approval by the attorney general and without regard to their qualification to practice law or any other profession in this state.
Sec. 4. NRS 463.120 is hereby amended to read as follows:
463.120 1. The board and the commission shall cause to be made and kept a record of all proceedings had at regular and special meetings of the board and the commission, which records shall be open to public inspection.
2. The board shall keep and maintain a file of all applications for licenses under this chapter, together with a record of all action taken with respect to such applications, which file and record shall be open to public inspection.
3. The board and the commission may maintain such other files and records as they may deem desirable.
4. All information and data required by the board or commission to be furnished to it hereunder or which may be otherwise obtained relative to the earnings or revenue of any applicant or licensee shall be considered confidential and shall not be revealed in whole or in part except as follows:
(a) In the course of the necessary administration of this chapter.
(b) Upon the lawful order of a court of competent jurisdiction.
(c) To a duly authorized agent of the Federal Bureau of Investigation, the United States Treasury Department or the Commissioner of the Internal Revenue Service of the United States [.]
κ1971 Statutes of Nevada, Page 673 (CHAPTER 379, SB 90)κ
Internal Revenue Service of the United States [.] pursuant to rules and regulations adopted by the commission.
5. All information and data pertaining to an applicants criminal record, antecedents and background, other than financial, furnished to or obtained by the board or the commission from any source, may be considered confidential and may be withheld in whole or in part; except that any information shall be released upon lawful order of a court of competent jurisdiction.
6. Notice of the content of any information or data furnished or released pursuant to subsections 4 and 5 may be given to any applicant or licensee in a manner prescribed by rules and regulations adopted by the commission.
7. The files, records and reports of the board shall at all times be open to inspection by the commission and its duly authorized agents.
[7.] 8. All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada tax commission shall be made available to the state gaming control board and the Nevada gaming commission as is necessary to the administration of this chapter.
Sec. 5. NRS 463.159 is hereby amended to read as follows:
463.159 1. The commission shall by regulation require audits of the financial statements of [nonrestricted licensees. Such audits shall be made not less frequently than once a year and whenever the ownership of a nonrestricted licensee changes. The audits shall be made by independent accountants holding permits to practice public accounting in the State of Nevada.
2.] all nonrestricted licensees with an annual gross revenue of $1,000,000 or more. Such audits shall be made not less frequently than once a year and whenever the ownership of such a nonrestricted licensee changes.
2. The commission may require audits of the financial statements of nonrestricted licensees with an annual gross revenue of less than $1,000,000 and whenever the ownership of such a nonrestricted licensee changes.
3. The audits provided for in subsections 1 and 2 shall be made by independent accountants holding permits to practice public accounting in the State of Nevada.
4. Regulations for such audits shall require, among other things, that:
(a) The independent accountants shall submit an audit report which shall express an unqualified or qualified opinion or, if appropriate, disclaim an opinion on the statements taken as a whole in accordance with standards for the accounting profession established by rules and regulations of the Nevada state board of public accountants, but the preparation of statements without audit does not constitute compliance.
(b) The examination and audit shall disclose whether the accounts, records and control procedures maintained by the licensee are as required by the regulations published by the commission pursuant to NRS 463.156 to 463.1592, inclusive.
Sec. 6. NRS 463.520 is hereby amended to read as follows:
463.520 The corporation which applies for a state gaming license shall register as a corporation with the board, and shall provide the following information to the board:
κ1971 Statutes of Nevada, Page 674 (CHAPTER 379, SB 90)κ
1. The organization, financial structure and nature of the business to be operated, including the names, personal history and fingerprints of all officers, directors and key employees, and the names, addresses and number of shares held by all stockholders.
2. The rights and privileges acquired by the holders of different classes of authorized securities, including debentures.
3. The terms on which securities are to be offered.
4. The terms and conditions of all outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device.
5. The extent of the equity security holding in the corporation of all officers, directors and underwriters, and their remuneration as compensation for services, in the form of salary, wages, fees or otherwise.
6. Remuneration to persons other than directors and officers exceeding [$20,000] $30,000 per annum.
7. Bonus and profit-sharing arrangements.
8. Management and service contracts.
9. Options existing, or to be created.
10. Balance sheets for at least the 3 preceding fiscal years, or, if the corporation has not been incorporated for a period of 3 years, balance sheets from the time of its incorporation. All balance sheets shall be certified by independent public accountants certified or registered in the State of Nevada.
11. Profit and loss statements for at least the 3 preceding fiscal years, or, if the corporation has not been incorporated for a period of 3 years, profit and loss statements from the time of its incorporation. All profit and loss statements shall be certified by independent public accountants certified or registered in the State of Nevada.
12. Any further financial data which the board may deem necessary or appropriate for the protection of the State of Nevada, or licensed gambling, or both.
Sec. 7. NRS 463.540 is hereby amended to read as follows:
463.540 1. [After licensing, but before the corporation may do any of the following:
(a) Issue or transfer any security to any person;
(b) Change any of the corporate officers; or
(c) Change any of the members of its board of directors,
it shall file a report of its proposed action with the board and commission, which report shall request the approval of the commission. The commission shall have 60 days within which to approve or deny the request.
2. If the commission denies the request, the corporation shall not perform any of the acts set forth in paragraphs (a) to (c), inclusive, of subsection 1.] After licensing pursuant to NRS 463.530, but before the corporation may issue or transfer any security to any person, it shall file a report of its proposed action with the board and commission, which report shall request the approval of the commission. The commission shall have 90 days within which to approve or deny the request. If the commission denies the request, the corporation shall not issue or transfer any such security.
2. After licensing pursuant to NRS 463.530, the corporation shall file a report of each change of the corporate officers and the members of its board of directors with the board and commission.
κ1971 Statutes of Nevada, Page 675 (CHAPTER 379, SB 90)κ
a report of each change of the corporate officers and the members of its board of directors with the board and commission. The commission shall have 90 days within which to approve or disapprove such change. During such 90-day period and thereafter if the commission does not disapprove the change, such officer or member of the board of directors shall be entitled to exercise all powers of the office to which he was so elected or appointed.
Sec. 8. NRS 463.550 is hereby amended to read as follows:
463.550 1. After licensing [,] pursuant to NRS 463.530, the corporation shall:
[1.] (a) Report to the board and commission in writing any change in corporate personnel who have been designated by the board or commission as key executives.
[2.] (b) Furnish the board an annual profit and loss statement [, annual balance sheet, and a copy of its federal income tax return within 30 days after such return is filed with the Federal Government.] and an annual balance sheet.
2. The commission may require that any such corporation furnish the board with a copy of its federal income tax return within 30 days after such return is filed with the Federal Government.
Sec. 9. NRS 463.585 is hereby amended to read as follows:
463.585 1. If the corporation applying for or holding a license is or becomes a subsidiary, each holding company and each intermediary company with respect thereto must:
(a) Qualify to do business in the State of Nevada.
(b) If it is a corporation, register with the commission and furnish the board:
(1) A complete list of all stockholders when it first registers, and annually thereafter, within 30 days after the annual meeting of the stockholders of the corporation, showing the number of shares held by each.
(2) The names of all corporate officers within 30 days of their appointment.
(3) The names of all members of the board of directors within 30 days of their election.
(c) If it is a firm, partnership, trust or other form of business organization, it must register with the commission and furnish the board such analogous information as the commission may prescribe.
2. The board or the commission may in its discretion make such investigations concerning the officers, directors, underwriters, security holders, partners, principals, trustees or direct or beneficial owners of any interest in any holding company or intermediary company as it deems necessary [.] , either at the time of initial registration or at any time thereafter.
3. If at any time the commission finds that any person owning, controlling or holding with power to vote all or any part of any class of security of, or any interest in, any holding company or intermediary company is unsuitable to be connected with a licensed gaming enterprise, it shall so notify such unsuitable person, the holding company or intermediary company, or both. Such unsuitable person shall immediately offer such security to the issuing corporation, or such interest to the firm, partnership, trust or other business organization, for purchase.
κ1971 Statutes of Nevada, Page 676 (CHAPTER 379, SB 90)κ
such security to the issuing corporation, or such interest to the firm, partnership, trust or other business organization, for purchase. The corporation shall purchase the security so offered, or the firm, partnership, trust or other business organization shall purchase the interest so offered, for cash at fair market value within 10 days after the date of the offer.
4. Beginning upon the date when the commission serves notice of a determination of unsuitability pursuant to subsection 3, it is unlawful for the unsuitable person:
(a) To receive any dividend or interest upon any such securities, or any dividend, payment or distribution of any kind from any holding company or intermediary company;
(b) To exercise, directly or indirectly or through any proxy, trustee or nominee, any voting right conferred by such securities or interest; or
(c) To receive any remuneration in any form from the corporate gaming licensee, or from any holding company or intermediary company with respect thereto, for services rendered or otherwise.
5. Every security issued by a holding company or intermediary company which directly or indirectly:
(a) Owns;
(b) Has the power or right to control; or
(c) Holds with power to vote,
all or any part of the outstanding equity securities of a corporate gaming licensee shall bear a statement, on both sides of the certificate evidencing such security, of the restrictions imposed by this section.
6. A holding company or intermediary company subject to subsection 1 shall not make any public offering of any of its securities unless such public offering has been approved by the commission.
7. The commission may, at any time and from time to time, by general regulation or selectively impose on any holding company or intermediary company any requirement not inconsistent with law which it may deem necessary in the public interest. Without limiting the generality of the preceding sentence, any such requirement may deal with the same subject matter as, but be more stringent than, the requirements imposed by NRS 463.482 to 463.641, inclusive.
Sec. 10. NRS 463.625 is hereby amended to read as follows:
463.625 The commission may exempt a publicly traded corporation from compliance with [some] :
1. The provisions of subsection 4 of NRS 463.510.
2. Some or all of the provisions of NRS 463.585 to 463.615, inclusive. To the extent of such exemption, such corporation shall comply instead with the provisions of NRS 463.635 to 463.641, inclusive.
Sec. 11. NRS 463.635 is hereby amended to read as follows:
463.635 1. If a corporation applying for or holding a state gaming license is or becomes owned in whole or in part or controlled by a publicly traded corporation, such publicly traded corporation must:
(a) Maintain a ledger in the principal office of its subsidiary which is licensed to conduct gaming in the State of Nevada, and which shall:
(1) Reflect the ownership of record of each outstanding share of any class of equity security issued by the publicly traded corporation. The ledger may initially consist of a copy of its latest list of equity security holders and thereafter be maintained by adding a copy of such material as it regularly receives from the transfer agent for its equity securities of any class which are outstanding.
κ1971 Statutes of Nevada, Page 677 (CHAPTER 379, SB 90)κ
as it regularly receives from the transfer agent for its equity securities of any class which are outstanding.
(2) Be available for inspection by the board and the commission and their authorized agents at all reasonable times without notice.
(b) Register with the commission and provide the following information to the board:
(1) The organization, financial structure and nature of the business of the publicly traded corporation, including the names of all officers, directors and any employees actively and directly engaged in the administration or supervision of the activities of the corporate gaming licensee, and the names, addresses and number of shares held of record by holders of its equity securities.
(2) The rights and privileges accorded the holders of different classes of its authorized equity securities.
(3) The terms on which its equity securities are to be, and during the preceding 3 years have been, offered by the corporation to the public or otherwise initially issued by it.
(4) The terms and conditions of all its outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device, directly relating to the gaming activities of the corporate gaming licensee.
(5) The extent of the equity security holdings of record in the publicly traded corporation of all officers, directors, underwriters and persons owning of record equity securities of any class of the publicly traded corporation, and any payment received by any such person from the publicly traded corporation for each of its 3 preceding fiscal years for any reason whatsoever.
(6) Remuneration exceeding $30,000 per annum to persons other than directors and officers who are actively and directly engaged in administration or supervision of the gaming activities of the corporate gaming licensee.
(7) Bonus and profit-sharing arrangements of the publicly traded corporation directly or indirectly relating to the gaming activities of the corporate gaming licensee.
(8) Management and service contracts of the publicly traded corporation directly or indirectly relating to the gaming activities of the corporate gaming licensee.
(9) Options existing or from time to time created in respect of its equity securities.
(10) Balance sheets, certified by independent public accountants, for at least the 3 preceding fiscal years, or if the publicly traded corporation has not been incorporated for a period of 3 years, balance sheets from the time of its incorporation. These balance sheets may be those filed by it with or furnished by it to the Securities and Exchange Commission.
(11) Profit and loss statements, certified by independent certified public accountants, for at least 3 preceding fiscal years, or, if the publicly traded corporation has not been incorporated for a period of 3 years, profit and loss statements from the time of its incorporation. These profit and loss statements may be those filed by it with or furnished by it to the Securities and Exchange Commission.
(12) Any further information within the knowledge or control of the publicly traded corporation which either the board or the commission may deem necessary or appropriate for the protection of the State of Nevada, or licensed gambling, or both.
κ1971 Statutes of Nevada, Page 678 (CHAPTER 379, SB 90)κ
publicly traded corporation which either the board or the commission may deem necessary or appropriate for the protection of the State of Nevada, or licensed gambling, or both. The board or the commission may in its discretion make such investigation of the publicly traded corporation or any of its officers, directors, security holders or other persons associated therewith as it deems necessary.
2. If the publicly traded corporation is a foreign corporation, it must also qualify to do business in the State of Nevada.
3. The commission may, at any time and from time to time, by general regulation or selectively impose on any publicly traded corporation any requirement not inconsistent with law which it may deem necessary in the public interest. Without limiting the generality of the preceding sentence, any such requirement may deal with the same subject matter as, but be more stringent than, the requirements imposed by NRS 463.482 to 463.641, inclusive.
Sec. 12. NRS 463.565 is hereby repealed.
Sec. 13. This act shall become effective upon passage and approval.
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Senate Bill No. 31Senator Monroe
CHAPTER 380
AN ACT relating to retarded persons; providing for organizational changes for community training centers; providing additional limitations; setting requirements for certifying enrollees; and providing other matters properly relating thereto.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 435 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Division means the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation.
Sec. 2. NRS 435.210 is hereby amended to read as follows:
435.210 [There is in the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation a bureau of mental retardation, which] The division shall be the executive and administrative agency for the purposes of carrying out the provisions of NRS 435.130 to 435.320, inclusive.
Sec. 3. NRS 435.220 is hereby amended to read as follows:
435.220 The [bureau] division may establish all rules, regulations and standards not inconsistent with the provisions of NRS 435.130 to 435.320, inclusive, which it deems necessary in order to carry out the purposes of such sections and to set qualification standards for centers to receive the aid provided for by such sections.
Sec. 4. NRS 435.230 is hereby amended to read as follows:
435.230 In order to qualify for the aid provided for by NRS 435.130 to 435.320, inclusive, a center must:
κ1971 Statutes of Nevada, Page 679 (CHAPTER 380, SB 31)κ
1. File an application with the [bureau] division for a certificate of qualification, which shall include:
(a) The name and address of the center.
(b) The names, addresses and qualifications of the administrative personnel of the center.
(c) An outline of the educational and care program to be offered.
(d) The number of enrollees or expected enrollees.
(e) An affidavit that the center is nonsectarian and a nonprofit organization under the Internal Revenue Code of 1954 as amended (26 U.S.C. 501(c)(3)).
(f) The number and qualifications of staff personnel.
(g) A complete and detailed proposed financial statement for the operations for the coming year.
(h) Any other information which the [bureau] division may, in its discretion, require.
2. On or before July 1 of each year after the original application is made under subsection 1, file an application for renewal of certificate of qualification, which shall contain:
(a) The information required by subsection 1.
(b) The total number of staff members, enrollees and days of care and training that the center provided during the previous year.
(c) The number of enrollees and days of care and training that the center provided during the previous year to such enrollees who qualify for aid under the terms of NRS 435.130 to 435.320, inclusive, and the standards established by the [bureau.] division.
(d) A financial statement clearly showing all income received by the center during the previous year and the sources thereof.
(e) Any other information that the [bureau] division may, in its discretion, require.
3. Have a minimum staff of one person for each group of five retarded persons or major fraction thereof.
4. Be inspected by a member or authorized agent of the [bureau] division to determine if the centers facilities are proper and adequate.
5. Keep accurate daily attendance records and establish uniform financial statements and bookkeeping procedures as prescribed by the [bureau.] division.
6. Maintain standards not inconsistent with those required by NRS 435.130 to 435.320, inclusive, or established by the [bureau] division to qualify for funds from other sources, such as United Fund and United States Government programs.
7. Before certifying an enrollee as mentally retarded, require:
(a) A documentary history of retarded overall functioning; and
(b) Substantiation, through evaluation by a qualified diagnostic team.
8. Meet all other standards set by the [bureau.] division.
Sec. 5. NRS 435.240 is hereby amended to read as follows:
435.240 1. All applications for a certificate of qualification which have been approved by the administrator shall be reviewed by the [bureau and submitted, along with the bureaus recommendation, to the administrator of the mental hygiene and mental retardation division] advisory board for approval or rejection.
κ1971 Statutes of Nevada, Page 680 (CHAPTER 380, SB 31)κ
2. If an application is rejected by the administrator, he shall notify the applicant in writing of such rejection, setting out the reasons therefor.
3. Within 30 days after the administrator mails the notice of rejection of the application, the applicant may appeal such rejection to the advisory board. The advisory board shall review the application and the reasons for its denial and may receive evidence, documentary or testimony, to aid it in its decision. Thereafter, the advisory board shall issue its decision rejecting the application or remanding the application to the administrator for approval. The decision of the advisory board is final.
4. No new applicants shall be certified if the certification brings the average support per enrollee below $200 per quarter for those centers that are already certified.
Sec. 6. NRS 435.250 is hereby amended to read as follows:
435.250 1. After approval of the application, the [bureau] division shall issue a certificate of qualification to centers which meet the requirements of NRS 435.130 to 435.320, inclusive, and the standards set by the [bureau.] division.
2. The [bureau] division may revoke the certificate of qualification of a center at any tme when it fails to meet the requirements of NRS 435.130 to 435.320, inclusive, or the standards set by the [bureau.] division.
3. Any such revocation may be appealed in the same manner as appeals are taken from a rejection of an application under NRS 435.240. The decision of the advisory board is final as to such appeals.
Sec. 7. NRS 435.260 is hereby amended to read as follows:
435.260 1. There is hereby created in the state treasury a community training center fund for the purpose of aiding centers which have received certificates of qualification from the [bureau.] division.
2. Moneys for the fund shall be provided by legislative appropriation.
3. The [bureau] division is authorized to make grants from such fund in aid to qualifying centers [.] if the advisory board also approves the grants.
Sec. 8. NRS 435.270 is hereby amended to read as follows:
435.270 1. The [bureau] division may accept gifts, bequests, grants or any other outside source of income for the purpose of carrying out the provisions of NRS 435.130 to 435.320, inclusive.
2. All such funds received shall be spent in accordance with the provisions of the gift, bequest or grant. In the absence of such provisions, the [bureau] division may spend the fund at its discretion.
3. All such funds shall be deposited in the state treasury in a separate fund established for such purpose.
Sec. 9. NRS 435.290 is hereby amended to read as follows:
435.290 1. A center holding a certificate of qualification from the [bureau] division is eligible to receive aid from the community training center fund in amounts not to exceed the amounts allocable under subsections 2 and 3.
2. Each center in the state is eligible to receive that percentage of available funds as the ratio of the number of enrollees of each center bears to the total number of enrollees in all centers in the state, but not to exceed $250 per enrollee per quarter [.] , except that each community center shall be given a minimum of $12,000 per year as long as the center maintains a minimum of five enrollees per quarter and their staff expenses are in the amount of $12,000 or more each year.
κ1971 Statutes of Nevada, Page 681 (CHAPTER 380, SB 31)κ
center shall be given a minimum of $12,000 per year as long as the center maintains a minimum of five enrollees per quarter and their staff expenses are in the amount of $12,000 or more each year.
3. The [bureau,] division, in its discretion, may grant aid from the community training center fund to help in establishing new centers. This aid in the aggregate shall not exceed one-half of the fund during the fiscal year ending June 30, 1970, and shall not exceed one-fourth of the fund thereafter.
Sec. 10. NRS 435.320 is hereby amended to read as follows:
435.320 Any person who knowingly files a false report, statement or application with the [bureau] division is guilty of a misdemeanor.
Sec. 11. NRS 435.160 is hereby repealed.
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Senate Bill No. 231Senator Herr
CHAPTER 381
AN ACT clarifying the real estate broker and real estate salesman license requirements relating to the sales of business opportunities and to the business of finding business opportunities or real estate.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 645.004 is hereby amended to read as follows:
645.004 As used in this chapter, advance fee listing includes, but is not limited to:
1. The name or a list of the names of the owners, landlords, exchangers or lessors, or the location or locations of property, or of an interest in property, offered for rent, sale, lease or exchange.
2. The name, or a list of the names, or the location or locations at which prospective or potential purchasers, buyers, lessees, tenants or changers of property may be found or contacted.
3. An agreement by which a person who is engaged in the business of promoting the sale or lease of business opportunities or real estate agrees to render to an owner or lessee of such property any services, to promote the sale or lease of such property, for an advance fee. To engage in such business any such person shall be licensed as a real estate broker or a real estate salesman, as provided in this chapter.
4. An agreement by which a person who is engaged in the business of finding, locating or promoting the sale or lease of business opportunities or real estate agrees, for an advance fee, to circularize, notify or refer business opportunity or real estate brokers or salesmen, or both, to such property which is offered for sale or lease. To engage in such business any such person shall be licensed as a real estate broker or a real estate salesman, as provided in this chapter.
Sec. 2. This act shall become effective upon passage and approval.
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κ1971 Statutes of Nevada, Page 682κ
Assembly Bill No. 492Committee on Health and Welfare
CHAPTER 382
AN ACT relating to pharmacists and pharmacy; changing licensing procedures for registered pharmacists; providing penalties; and providing other matters properly relating thereto.
[Approved April 19, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto a new section, which shall read as follows:
1. Applications for the annual renewal of the certificate of registration, as required by NRS 639.180, shall be made on forms furnished by the board.
2. The secretary of the board shall issue:
(a) A renewal receipt to a registered pharmacist who has been actively engaged in the practice of pharmacy for not less than 500 hours during the year next preceding the date of renewal.
(b) An inactive renewal receipt to a registered pharmacist who has been actively engaged in the practice of pharmacy for less than 500 hours during the year next preceding the date of renewal.
3. A registered pharmacist to whom an inactive renewal receipt has been issued shall not engage in the practice of pharmacy in this state until his certificate has been restored to an active status.
4. An inactive certificate may be restored to active status if the board determines by examination that the registered pharmacist is qualified by education or experience to practice pharmacy.
Sec. 2. NRS 454.045 is hereby amended to read as follows:
454.045 It is unlawful for any person, other than a registered pharmacist or [a pharmaceutical clerk] an intern pharmacist acting under the direct and immediate supervision of a registered pharmacist, to vend, sell, furnish or deliver any poison enumerated in schedule B of NRS 454.010.
Sec. 3. NRS 454.050 is hereby amended to read as follows:
454.050 1. It is unlawful to vend, sell, furnish or deliver any poison included in Schedule A, the additions thereto or those enumerated by the board in a regulation adopted in compliance with chapter 233B of NRS without making or causing to be made, at the time of the sale, an entry in a book kept solely for that purpose, stating:
(a) The date of sale.
(b) The name, complete residence or business address and signature of the purchaser.
(c) The name and quantity of the poison sold.
(d) The statement by the purchaser of the purpose for which the poison is required.
(e) The signature of the dispenser, who must be a registered pharmacist or a registered [pharmaceutical clerk] intern pharmacist acting under the direct and immediate supervision of a registered pharmacist.
2. The provisions of this section do not apply when the poisons enumerated in Schedule A are used as solvents for glues and cements used in making of models, when sold in single units or containers simultaneously with or as a part of a kit to be used for the construction of model airplanes, boats, automobiles, trains or other similar models if such kits have been assembled by a recognized manufacturer of such kits and are advertised as such.
κ1971 Statutes of Nevada, Page 683 (CHAPTER 382, AB 492)κ
used in making of models, when sold in single units or containers simultaneously with or as a part of a kit to be used for the construction of model airplanes, boats, automobiles, trains or other similar models if such kits have been assembled by a recognized manufacturer of such kits and are advertised as such.
Sec. 4. NRS 639.004 is hereby amended to read as follows:
639.004 Chart order is an order entered on the chart or medical record of a patient registered in a convalescent or nursing home institution or in a hospital or under emergency treatment in a hospital by or on the order of an authorized practitioner authorizing the administration of a drug from hospital floor or ward stock furnished by the hospital pharmacy. Any such order shall be considered to be a prescription if such medication is to be furnished by a pharmacy directly to the patient. The chart order shall be signed by the prescriber at the time it is entered or on his next visit to the institution or hospital.
Sec. 5. NRS 639.125 is hereby amended to read as follows:
639.125. 1. For the purpose of subsection 5 of NRS 639.120, a year of practical pharmaceutical experience shall consist of not less than [2,000 clock hours of pharmaceutical experience in a pharmacy under the direct and immediate supervision of a pharmacist, and shall relate primarily to the selling of drugs, compounding and dispensing of prescriptions, preparing pharmaceutical preparations, keeping records and making reports required under state and federal statutes. Evidence substantiating such experience shall be established to the satisfaction of the board.] 52 weeks of 40 hours each in a pharmacy under the direct and immediate supervision of a pharmacist.
2. Such experience shall not be accepted unless the applicant had previously successfully completed at least 1 year in a college or department of pharmacy approved by the American Council on Pharmaceutical Education. Unless otherwise waived by the board for exceptional circumstances, 12 weeks of such year shall be completed after graduation.
3. Such experience shall relate primarily to the selling of drugs, poisons and devices, the compounding and dispensing of prescriptions, preparing prescriptions and keeping records and preparing reports required by state and federal statutes.
4. The board may, in its discretion, accept evidence of compliance with the requirements of subsection 5 of NRS 639.120 from boards of pharmacy of other states in which the experience requirement is equivalent to the requirements in this state.
Sec. 6. NRS 639.137 is hereby amended to read as follows:
639.137 1. Any person who is not a registered pharmacist, but who is employed in this state for the purpose of fulfilling the requirements of subsection 5 of NRS 639.120 to become eligible for registration as a pharmacist, must register with the board as [a pharmaceutical clerk.] an intern pharmacist. An applicant, to be eligible for registration as [a pharmaceutical clerk,] an intern pharmacist, must have completed a minimum of [60 units] 1 year in a college of pharmacy or a department of pharmacy of a university approved by the board. Application shall be made on a form furnished by the board.
2. The secretary of the board, upon approval of the application, shall issue a letter certifying the applicant as eligible to undergo practical pharmaceutical training under the direct and immediate supervision of a registered pharmacist.
κ1971 Statutes of Nevada, Page 684 (CHAPTER 382, AB 492)κ
issue a letter certifying the applicant as eligible to undergo practical pharmaceutical training under the direct and immediate supervision of a registered pharmacist. Such certification shall be valid for not more than [2] 4 years from the date of issue and shall permit the holder thereof to perform the duties set forth in NRS 639.125, but only when acting under the direct and immediate supervision of the registered pharmacist or pharmacists whose name or names appear thereon, and who shall have previously indicated on the application for such certification a willingness to accept the responsibility for training and for all work performed by the applicant for registration as [a pharmaceutical clerk.] an intern pharmacist.
3. The certification shall be posted as required by NRS 639.150.
4. Any certification issued under the provisions of this section may be suspended, terminated or revoked by the board, for any reason set forth in this chapter as grounds for the suspension or revocation of any certificate, license or permit, or for failure of the registered pharmacist or pharmacists whose name or names appear on the certification to provide adequate training and supervision for the [pharmaceutical clerk.] intern pharmacist in compliance with regulations adopted by the board.
Sec. 7. NRS 639.150 is hereby amended to read as follows:
639.150 1. The holder of a certificate of registration or a certification as [a pharmaceutical clerk,] an intern pharmacist, a license or a permit granted under the provisions of this chapter shall display such certificate, license or permit, together with the current renewal receipt thereof, in the pharmacy conducted by him or in which he is employed in a place where it may be clearly read by the public.
2. A registered pharmacist who is employed or who practices in more than one pharmacy shall post his original certificate of registration, and the current renewal receipt thereof, in the pharmacy in which he is primarily employed, in compliance with the provisions of subsection 1, and shall, in addition thereto, post an 8-inch by 10-inch photocopy of his certificate of registration and the current renewal receipt thereof in every other pharmacy in which he practices on either a part-time or temporary basis.
Sec. 8. NRS 639.170 is hereby amended to read as follows:
639.170 1. The board shall charge and collect not more than the following fees for the following services:
For investigation or examination of applicant for certificate as registered pharmacist .................................................................................................................. $30
For investigation or examination of applicant for certificate as registered pharmacist by reciprocity..................................................................................................... 100
For the investigation or issuance of an original license to conduct a retail pharmacy........................................................................................................................ 50
For issuance of certificate of registration as registered pharmacist........... 10
For annual renewal of certificate of registration as registered pharmacist 10
For reinstatement of lapsed certificate of registration (in addition to annual renewal fees for period of lapse)...................................................................................... 20
For issuance of duplicate certificate of registration..................................... 10 For issuance of manufactures or wholesalers permit.......... $25
κ1971 Statutes of Nevada, Page 685 (CHAPTER 382, AB 492)κ
For issuance of manufactures or wholesalers permit................................. $25
For issuance of annual renewal of permit for manufacturer or wholesaler 25
For issuance or renewal of permit to vend, sell, offer to sell or furnish any hypodermic device............................................................................................................ 5
For issuance or renewal of permit to supply or operate vending machines or devices for distribution of any prophylactic............................................................... 25
For reissuance of license issued to retail pharmacy, when no change of ownership is involved, but the license must be reissued because of a change in the information required thereon.......................................................................................... 5
2. All fees shall be payable in advance and shall not be refunded.
3. The board may, by regulation, set the penalty for failure to pay the annual renewal fee for any license, permit or certificate within the statutory period, at an amount not to exceed 100 percent of the renewal fee for each year of delinquency in addition to the annual renewal fees for each year of delinquency.
Sec. 9. NRS 639.210 is hereby amended to read as follows:
639.210 The board shall have the power to proceed administratively to suspend or revoke:
1. Any certificate or current renewal thereof, or any permit or current renewal thereof, to vend, sell, offer to sell, or furnish any hypodermic device issued to any person or to deny the application of any person who has applied for a certificate or permit who:
(a) Is not of good moral character; or
(b) Is guilty of habitual intemperance; or
(c) Becomes or is so intoxicated or under the influence of liquor, narcotics or drugs, while on duty in any establishment licensed by the board, that he is unable properly to perform his duties; or
(d) Is guilty of unprofessional conduct or conduct contrary to the public interest; or
(e) Is addicted to the use of narcotic drugs or other habit forming drugs; or
(f) Has been convicted of a violation of the Harrison Narcotic Act or a violation of the narcotic laws of this or any other state; or
(g) Has been convicted of a felony or other crime involving moral turpitude, dishonesty or corruption; or
(h) Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provisions of this chapter; or
(i) Has obtained any certificate, certification, license or permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent; or
(j) Has violated any provision of the Federal Food, Drug, and Cosmetic Act or any other federal law or regulation relating to prescription drugs.
(k) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter or any law or regulation relating to the practice of pharmacy, or has permitted, allowed, condoned or failed to report a violation of any of the provisions of this section committed by a registered pharmacist in his employ; or
κ1971 Statutes of Nevada, Page 686 (CHAPTER 382, AB 492)κ
permitted, allowed, condoned or failed to report a violation of any of the provisions of this section committed by a registered pharmacist in his employ; or
[(k)] (l) Has failed to renew his certificate, license or permit by failing to pay the annual renewal fee therefor.
2. Any permit or current renewal thereof for the issuance of a manufacturers or wholesalers permit, or for the issuance of a current renewal of a permit to supply or operate vending machines or devices for distribution of any prophylactic issued to any person, or to deny the application of any person who has applied for a permit who:
(a) Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provisions of this chapter; or
(b) Has obtained any permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent; or
(c) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter applicable to such permit; or
(d) Has failed to renew his permit by failing to pay the annual renewal fee therefor.
Sec. 10. NRS 639.220 is hereby amended to read as follows:
639.220 1. Except as provided in subsection 2, a registered pharmacist, physically present therein and actively engaged in the operation thereof, shall be in charge of every pharmacy, or any other store, dispensary, laboratory or office licensed as a pharmacy, except a duly licensed hospital, when it is open for business for:
(a) The sale, dispensing or compounding of drugs, medicines or chemicals; or
(b) The dispensing or compounding of prescriptions.
2. The requirement of subsection 1 shall not prohibit the board from authorizing the absence of the registered pharmacist each day for a total period of not to exceed 2 hours for the purpose of taking meals if; [such]
(a) Such registered pharmacist is on call during such absence; [and if a]
(b) A sign, as prescribed by regulations of the board, is posted for public view in the pharmacy indicating the absence of the pharmacist and the hours of such absence [.] ; and
(c) All drugs, poisons, chemical and restricted devices are kept safe in a manner prescribed by regulations of the board.
The authorization required from the board shall be in writing and shall be retained in the pharmacy, available for inspection.
Sec. 11. NRS 639.286 is hereby amended to read as follows:
639.286 Rules and regulations officially adopted by the board under the powers granted by NRS 454.110, 454.120 and 693.073 as such rules and regulations apply to the restricted sale of drugs [bearing caution and warning labels] and the sale or labeling of poisons apply to all persons alike and shall have the force and effect of law. Violation of such rules and regulations is punishable as a misdemeanor.
________
κ1971 Statutes of Nevada, Page 687κ
Senate Bill No. 266Senator Pozzi
CHAPTER 383
AN ACT relating to the carriage of persons and property by vehicles; providing for the licensing of certain vehicle carriers; establishing fees; providing penalties; and providing other matters properly relating thereto.
[Approved April 20, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 150, inclusive, of this act.
Sec. 2. As used in sections 3 to 137, inclusive, of this act, the words and terms defined in sections 3 to 29, inclusive, of this act have the meanings ascribed to them therein, unless the context otherwise requires.
Sec. 3. Ambulance means a vehicle designed and used primarily for the transportation of injured or sick persons or dead bodies on stretchers, cots, beds or other devices for carrying persons in a prone position.
Sec. 4. 1. Broker means a person who is not a common motor carrier and not a bona fide employee or agent of any such carrier, who or which, as principal or agent, sells or offers for sale any transportation, or negotiates for, or holds himself out or itself out by solicitation, advertisement or otherwise as one who sells, provides, furnishes, contracts or arranges for, such transportation.
2. Services and transportation to which subsection 1 applies include all vehicles operated by, for, or in the interest of any motor carrier irrespective of ownership or of contract, express or implied, together with all facilities and property operated or controlled by any such carrier or carriers and used in the transportation of passengers or property in intrastate commerce or in the performance of any service in connection therewith.
Sec. 5. City means any unincorporated town or any city incorporated under the provisions of chapter 266 of NRS or organized and existing under the provisions of any special legislative act or special charter enacted or granted pursuant to the provisions of section 1 of article 8 of the constitution of the State of Nevada.
Sec. 6. Commission means the public service commission of Nevada.
Sec. 7. Common motor carrier means any person or operator who holds himself out to the public as willing to undertake for compensation to transport by vehicle from place to place, either upon fixed route or on-call operations, passengers or property, including a common motor carrier of passengers, a common motor carrier of property, and a taxicab motor carrier.
Sec. 8. Common motor carrier of passengers means any person or operator, including a taxicab motor carrier, who holds himself out to the public as willing to undertake for compensation to transport by vehicle from place to place, either upon fixed route or on-call operations, passengers or passengers and light express for all who may choose to employ him. Nothing in this section shall be construed to permit a taxicab motor carrier to operate on a fixed route basis.
κ1971 Statutes of Nevada, Page 688 (CHAPTER 383, SB 266)κ
Sec. 9. Common motor carrier of property means any person or operator, including a motor convoy carrier, who holds himself out to the public as willing to undertake for compensation to transport by motor vehicle from place to place, either upon fixed route or on-call operations, the property of all who may choose to employ him.
Sec. 10. Contract motor carrier means any person or operator engaged in transportation by motor vehicle of passengers or property for compensation under continuing contracts with one person or a limited number of persons:
1. For the furnishing of transportation services through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served;
2. For the furnishing of transportation services designed to meet the distinct need of each individual customer; and
3. Not operating as a common carrier of passengers or property.
Sec. 11. Converter gear dolly means a vehicle with a fifth wheel lower half or equivalent mechanism, the attachment of which converts a semitrailer to a trailer.
Sec. 12. Department means the department of motor vehicles.
Sec. 13. Driveaway-towaway transportation means the driving of a motor vehicle in transit, singly under its own power, or in lawful combination by the towbar, saddlemount or combinations thereof, or where a trailer or semitrailer in transit is being towed or drawn, and in the process of delivery.
Sec. 14. Farm vehicle means any vehicle or combination of vehicles used exclusively to transport livestock and farm products raised, grown and owned by the operator of such vehicle, and for transportation of merchandise and supplies of such operator for his own use.
Sec. 15. Hearse means a vehicle designed and used primarily for transporting dead bodies.
Sec. 16. 1. Highway means every street, road or thoroughfare of any kind used by the public.
2. Highway does not include:
(a) That portion of a highway under construction or reconstruction.
(b) Any highway constructed by private individuals for the use of a private enterprise, although such highway may be used occasionally by persons other than the individuals constructing such highway or who use such highway in furtherance of a private enterprise if no public funds whatsoever are currently used in the maintenance of such highway.
Sec. 17. 1. Highway under construction or reconstruction means that portion of a street, road or thoroughfare being in any part constructed or reconstructed through the use of public funds.
2. Highway under construction or reconstruction includes those sections of highway between the portion under construction or reconstruction and the pits and the sources of materials approved by the department of highways for that particular portion of highway under construction or reconstruction.
Sec. 18. Motor convoy carrier means any person, whether engaged in any of the carrier services defined in sections 3 to 29, inclusive, of this act, or otherwise, engaged in the driveaway-towaway transportation of vehicles in transit, that is, in process of delivery, over and upon the highways of this state, and transported for compensation, or for the purpose of selling or offering the same for sale or exchange or storage prior to sale, or delivery subsequent to sale, or for subsequent use in the service, of any common, contract or private carrier, or, when such person causes such services to be rendered, or who furnished drivers for the movement of in transit vehicles, or who furnishes in transit vehicles to drivers.
κ1971 Statutes of Nevada, Page 689 (CHAPTER 383, SB 266)κ
of vehicles in transit, that is, in process of delivery, over and upon the highways of this state, and transported for compensation, or for the purpose of selling or offering the same for sale or exchange or storage prior to sale, or delivery subsequent to sale, or for subsequent use in the service, of any common, contract or private carrier, or, when such person causes such services to be rendered, or who furnished drivers for the movement of in transit vehicles, or who furnishes in transit vehicles to drivers.
Sec. 19. Motor vehicle means every vehicle which is self-propelled, but not operated on rails, used upon a highway for the purpose of transporting persons or property.
Sec. 20. Operator means a person, other than a lienholder, having a property interest in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle under a lease or contract for the purpose of transporting persons or property.
Sec. 21. Person means any person, firm, association, partnership, corporation, lessee, trustee, receiver or company engaged in or intending to engage in the operation of any vehicle in any of the carrier services defined in sections 3 to 29, inclusive, of this act.
Sec. 22. 1. Private motor carrier of property means any person or operator engaged in the transportation by vehicle of property sold, or to be sold, or used by him in furtherance of any private commercial enterprise.
2. Private motor carrier of property shall not be construed as permitting the carriage of any property whatsoever for compensation, direct or indirect.
Sec. 23. Semitrailer means every vehicle so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle.
Sec. 24. 1. Special mobile equipment means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved upon a highway, including but not limited to scoopmobiles, forklifts, ditch-digging apparatus, well-boring apparatus and road construction and maintenance machinery such as asphalt graders, bituminous mixers, bucket loaders, tractors other than truck tractors, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, and self-propelled cranes and earth-moving equipment.
2. Special mobile equipment does not include house trailers, dump trucks, truck-mounted transit mixers, or other vehicles designed for the transportation of persons or property to which machinery has been attached.
Sec. 25. 1. Taxicab motor carrier means any operator of a vehicle or vehicles designated or constructed to accommodate and transport not more than six passengers in number, including the driver, and:
(a) Fitted with taximeters or having some other device, method or system to indicate and determine the passenger fare charged for distance traveled;
(b) Used in the transportation of passengers for which a charge or fee is received; or
κ1971 Statutes of Nevada, Page 690 (CHAPTER 383, SB 266)κ
(c) Operated in any service which is held out to the public as being available for the transportation of passengers from place to place in the State of Nevada.
2. Neither common motor carriers of passengers nor contract motor carriers conducting fixed-route operations shall be considered taxicab motor carriers.
Sec. 26. Tow car means a vehicle which is designed or modified and equipped for and is used exclusively in the business of towing disabled vehicles by means of a crane, hoist, tow bar, towline or dolly, or is otherwise exclusively used to render assistance to disabled vehicles.
Sec. 27. Trailer means every vehicle designed to be drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
Sec. 28. Unladened weight of a vehicle means the weight of a vehicle unloaded, but otherwise containing and having in place at the time of weighing each and every accessory and appliance belonging to and used on such vehicle in the transportation of passengers and property and such other equipment as may be required by law.
Sec. 29. Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails.
Sec. 30. 1. It is hereby declared to be the purpose and policy of the legislature in enacting this chapter:
(a) Except to the extent otherwise provided in NRS 706.881 to 706.885, inclusive, to confer upon the commission the power and authority and to make it the duty of the commission to supervise and regulate common and contract motor carriers and brokers, and to regulate for licensing purposes private motor carriers of property when used for private commercial enterprises on the highways of this state, and to confer upon the department the power and authority to license all motor carriers, so as to relieve the existing and all future undue burdens on such highways arising by reason of the use of such highways by vehicles in a gainful occupation thereon;
(b) To provide for reasonable compensation for the use of such highways in such gainful occupations, and enable the State of Nevada, by a utilization of the license fees, to provide more fully for the proper construction, maintenance and repair thereof, and thereby protect the safety and welfare of the traveling and shipping public in their use of the highways; and
(c) To provide for fair and impartial regulation, to promote safe, adequate, economical and efficient service and foster sound economic conditions in motor transportation, and to encourage the establishment and maintenance of reasonable charges for such transportation services, without unjust discriminations, undue preferences or advantages, or unfair or destructive competitive practices.
2. All of the provisions of this chapter shall be administered and enforced with a view to carrying out the declaration of policy contained in subsection 1.
Sec. 31. All common and contract motor carriers and brokers are hereby declared to be:
1. Affected with a public interest;
κ1971 Statutes of Nevada, Page 691 (CHAPTER 383, SB 266)κ
2. Subject to sections 2 to 137, inclusive, of this act; and
3. Subject to the laws of this state, including the regulation of all rates, charges and services by the commission.
Sec. 32. The commission shall:
1. Supervise and regulate every common and contract motor carrier and broker in this state in all matters affecting the relationship between such carriers and brokers and the traveling and shipping public over and along the highways.
2. Regulate for licensing purposes private motor carriers of property when used for private commercial enterprises on the highways.
Sec. 33. The commission may:
1. Make necessary and reasonable rules and regulations governing the administration and enforcement of the provisions of this chapter for which it is responsible.
2. Adopt by reference any appropriate rule or regulation issued by the United States Department of Transportation, the Interstate Commerce Commission, any other agency of the Federal Government, or the National Association of Regulatory and Utility Commissioners.
3. Require such reports and the maintenance of such records as it determines necessary for the administration and enforcement of this chapter.
4. Examine, at any time during the business hours of the day, the books, papers and records of any common, contract or private motor carrier doing business in this state. The fact that such books, papers and records are not maintained in this state shall not cause the commission to lose any right of examination under this chapter when and where such books, papers and records become available.
5. Temporarily waive any certificate or permit requirement when an emergency exists as defined in section 99, of this act.
Sec. 34. The commission may employ one chief inspector and such other inspectors and personnel and incur such other expenses as may be necessary for the efficient administration of this chapter. All such personnel shall perform such duties as may be assigned to them by the commission.
Sec. 35. 1. The commission and its inspectors shall have police power for the enforcement of all rules and regulations of the commission or the department pertaining to chapters 704, 705 and 706 of NRS.
2. The commission and its inspectors shall have police power and full authority as peace officers, as defined in NRS 169.125, for the enforcement of chapters 482, 704, 705 and 706 of NRS.
3. Inspectors may carry firearms in the performance of their duties.
Sec. 36. The department shall license every common, contract and private motor carrier required to be licensed by this chapter.
Sec. 37. The department may adopt and promulgate such rules and regulations as may be necessary to:
1. Govern the procedure, administration and enforcement of the provisions of this chapter for which it is responsible.
2. Take such safeguards as may be necessary to insure payment of any fee due to the department or which the department is authorized to collect under the provisions of this chapter.
κ1971 Statutes of Nevada, Page 692 (CHAPTER 383, SB 266)κ
Sec. 38. 1. The department may:
(a) Require such reports and the maintenance of such books, papers and records as it determines necessary for the administration and enforcement of this chapter and NRS 484.739.
(b) Examine, at any time during the business hours of the day, the books, papers and records of any common, contract or private motor carrier doing business in this state.
2. A report is considered delinquent when it has not been received by the department by the due date of the following months report, or quarterly report, or as otherwise prescribed by this chapter or by rules and regulations of the department. Such report shall be deemed received on the date shown on the post office cancellation mark stamped on an envelope containing such report, properly addressed to the department, if such date is earlier than the date of actual receipt.
3. The fact that such books, papers and records are not maintained in this state shall not cause the department to lose any right of examination under this chapter when and where such books, papers and records become available.
Sec. 39. 1. All costs of administration of this chapter, except as provided in subsection 2, shall be paid from the state highway fund on claims presented by the commission or department, approved by the state board of examiners.
2. Costs of supervising and regulating taxicab motor carriers shall be paid from the taxicab regulating fund account on claims presented by the commission and approved by the state board of examiners, in the same manner as other claims against the state are paid.
Sec. 40. 1. The taxicab regulating fund account is hereby created as a continuing fund account in the state treasury for the use of the commission in supervising and regulating taxicab motor carriers in this state.
2. No moneys in such fund shall revert to the general fund at any time.
Sec. 41. 1. All moneys collected by the department under the provisions of sections 2 to 150, inclusive, of this act shall be paid over to the state treasurer by the department on or before the 1st Monday of each month. The state treasurer shall place such moneys in the state highway fund for the construction, maintenance and repair of the public highways of this state.
2. All moneys collected by the commission under the provisions of section 82 of this act shall be paid over to the state treasurer on or before the 1st Monday of each month. The state treasurer shall place such moneys in the taxicab regulating fund account.
3. The department and the commission are directed and authorized to deposit such moneys, while in their possession, in a reputable bank in this state. Such bank shall execute and deliver to the department or commission good and sufficient collateral security or a depositary bond to be approved by the state board of examiners.
Sec. 42. Sections 2 to 137, inclusive, of this act are not to be construed as a motor vehicle registration law, but the license fees provided therein are in addition to the motor vehicle registration fees required under the laws of this state.
κ1971 Statutes of Nevada, Page 693 (CHAPTER 383, SB 266)κ
Sec. 43. No common, contract or private motor carrier shall operate on any highway nor any broker engage in business in this state except in accordance with the provisions of this chapter.
Sec. 44. Sheriffs and all other peace officers and traffic officers of this state are charged with the duty, without further compensation, of assisting in the enforcement of this chapter. They shall make arrests for this purpose when requested by an authorized agent of the department, commission or other competent authority.
Sec. 45. Any fee required to be paid to the commission for the filing of any document required by this chapter shall be paid in the manner and amount provided in NRS 704.0391.
Sec. 46. 1. Every common and contract motor carrier and broker shall:
(a) Keep and render to the commission, in the manner, form and detail prescribed by the commission, uniform and detailed accounts of all business transacted; and
(b) Furnish the commission with an annual report in such form and detain as shall be prescribed by the commission.
2. The reports required by this section shall be prepared on a calendar year basis and shall be filed not later than April 15 following.
3. The commission may at any time call for desired information omitted from such reports or not provided for therein, when in the judgment of the commission such information is necessary.
4. Any commissioner or any person or persons authorized by the commission shall have the right to examine the books, accounts, records, minutes and papers of any common or contract motor carrier or broker for the purpose of determining their correctness and whether they are being kept in accordance with the provisions of this chapter and the rules and regulations and form prescribed by the commission.
Sec. 47. 1. The provisions of all laws pertaining to the safe operation of vehicles upon the highways of this state are hereby declared applicable to all vehicles coming within the terms of this chapter.
2. No common or contract motor carrier shall permit or require a driver to drive or tow any vehicle revealed by inspection or operation to be in such condition that its operation would be hazardous or likely to result in a breakdown of the vehicle, nor shall any driver drive or tow any vehicle which by reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause an accident or a breakdown of the vehicle. If, while any vehicle is being operated on a highway, it is discovered to be in such unsafe condition, it shall be continued in operation only to the nearest place where repairs can safely be effected, and even such operations shall be conducted only if it is less hazardous to the public than permitting the vehicle to remain on the highway.
3. Notwithstanding the provisions of this section and NRS 484.697, no common or contract motor carrier and no private motor carrier subject to the provisions of subsection 2 of section 135 of this act shall permit or require a driver to drive or tow, nor shall any driver drive or tow, any vehicle which by reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause an accident or a breakdown and which vehicle has been declared out of service by an authorized employee of the commission.
κ1971 Statutes of Nevada, Page 694 (CHAPTER 383, SB 266)κ
employee of the commission. When the repairs have been made, the carrier shall so certify to the commission in accordance with the requirements of the commission.
Sec. 48. 1. Every person operating any motor carrier vehicle shall forthwith report each accident occurring on the public highway, wherein such motor carrier vehicle may have injured the person or property of some person other than the person or persons or property carried by such motor carrier vehicle, to the sheriff or other peace officer of the county where such accident occurred and also to the commission, and if in any such accident a human being is fatally injured or killed, the person in charge of such motor carrier vehicle, or any officer investigating such accident, shall furnish to the commission such additional detailed report thereof within such time and in such form as required by the commission.
2. All accident reports required in this section shall be filed in the office of the commission and there preserved. Notwithstanding any other provisions of law, neither any accident report made as required by this chapter, nor any report of the commission made pursuant to any accident investigation made by it, shall be open to public inspection or disclosed to any person, except upon order of the commission, nor shall either or any of the reports, or any portion thereof, be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in the accident report or report of any such investigation.
Sec. 49. The commission may, in the interest of safety or service, after hearing:
1. Determine and order repairs of facilities of common and contract motor carriers; and
2. Order the use of safety appliances by such carriers in the interest of the public and employees.
Sec. 50. Any person required by this chapter to make, render, sign or verify any report or keep any record who makes any false or fraudulent statement in any such report or record with intent to defeat or evade any provision of this chapter shall be guilty of a gross misdemeanor.
Sec. 51. 1. Except as provided in section 91 and 92 of this act, it is unlawful for any common, contract or private motor carrier to operate as a motor carrier of intrastate, or interstate or foreign commence within or through this state without having furnished the commission the following:
(a) In the case of interstate or foreign commerce:
(1) Good and sufficient evidence satisfactory to the commission that it has complied with all of the provisions of the Federal Motor Carrier Act of 1935, as amended, and the motor carrier safety rules and regulations of the Department of Transportation as amended.
(2) A current copy of its certificate, permits or exemptions which have been issued by the Interstate Commerce Commission.
(3) Such other information as the commission may request.
(b) In the case of intrastate commerce:
(1) Where a person does not hold a certificate of convenience and necessity or a permit to operate as a common or contract motor carrier in the State of Nevada an affidavit certifying that the person intends to operate as a private carrier.
(2) Such other information as the commission may request.
κ1971 Statutes of Nevada, Page 695 (CHAPTER 383, SB 266)κ
2. The commission may waive any or all of such requirements.
3. Upon being notified by the commission that all requirements have been complied with and upon receipt of an application and the payment of a license fee, or upon being satisfied that such fee is secured, the department shall issue such intrastate or interstate or foreign motor carrier identifying devices indicating the type of carriage such motor carrier may perform in this state.
Sec. 52. No vehicle shall be licensed or permitted to operate on the highways of this state under the provisions of this chapter when such vehicle exceeds the size, weight or load limit weight provided by the laws of this state.
Sec. 53. 1. The provisions of chapter 582 of NRS are hereby made applicable to this chapter.
2. All vehicles required to be weighed under the provisions of this chapter shall be weighed by a public weighmaster under such rules and regulations as may be deemed advisable by the department and the state sealer of weights and measures, and according to the provisions of chapter 582 of NRS, except as otherwise provided herein.
3. The state sealer of weights and measures from time to time, upon request of the department, shall appoint additional public weighmasters, according to the provisions of chapter 582 of NRS, as may be necessary to effectuate the purpose of this chapter.
4. Public weighmasters certificates issued in states other than Nevada, when such certificates bear the seal of such weighmaster, may be accepted by the department as evidence of the weight of the vehicle for which a license is applied.
Sec. 54. 1. In addition to any identifying device provided for in this chapter, each motor vehicle coming within the provisions of sections 2 to 137, inclusive, of this act shall have the name of the person or operator operating the vehicle prominently and conspicuously displayed on both sides of the vehicle in such location, size and style as may be specified by the commission.
2. This section shall not apply to motor vehicles weighing 10,000 pounds or less operated by private carriers and not operated in combination with any other vehicle.
Sec. 55. 1. The commission shall require every common and contract motor carrier, within such time and in such amounts as the commission may designate, to file with the commission in a form required and approved by the commission a liability insurance policy, or a certificate of insurance in lieu thereof, or a bond of a surety and bonding company, or other surety, in such reasonable sum as the commission may deem necessary to protect adequately the interests of the public.
2. Such liability insurance policy or certificate, policy or bond of a surety and bonding company or other surety shall bind the obligors thereunder to pay the compensation for injuries to persons or for loss or damage to property resulting from the negligent operation of such carrier.
Sec. 56. Every common and contract motor carrier who engages in transportation intrastate and the collection of the purchase price of goods sold by the shipper to the consignee shall provide a bond, to be filed with the commission, for the benefit of the shipper in an amount which the commission deems reasonably sufficient as an aggregate but not to exceed $1,000, to insure the shipper against any loss of the moneys so collected by the carrier through misappropriation, negligence or other defalcations.
κ1971 Statutes of Nevada, Page 696 (CHAPTER 383, SB 266)κ
commission deems reasonably sufficient as an aggregate but not to exceed $1,000, to insure the shipper against any loss of the moneys so collected by the carrier through misappropriation, negligence or other defalcations.
Sec. 57. 1. When the department finds it necessary, or when specifically provided by this chapter, an applicant for or holder of a license, provided for in sections 90 to 92, inclusive, of this act shall provide a bond executed by the applicant or holder as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada and conditioned upon the faithful performance of all the requirements of this chapter and upon the punctual payment of all fees, penalties and interest due to the State of Nevada. The total amount of the bond shall be fixed by the department, determined in such manner as the department finds appropriate, but the total amount of the bond shall not exceed $5,000. The amount so fixed shall be rounded off to the next larger integral multiple of $100.
2. No recovery on any bond, the execution of any new bond, or the suspension or revocation of any such license shall affect the validity of any bond.
3. In lieu of a bond or bonds an applicant for or holder of any such license may deposit with the state treasurer, under such terms as the department may prescribe:
(a) A like amount of lawful money of the United States, or bonds or other lawful negotiable instruments of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or
(b) A savings certificate issued by a bank or savings and loan association in Nevada, which certificate shall indicate an amount at least equal to the amount of the bond which would otherwise be required by this section and shall state that such amount is unavailable for withdrawal except by direct and sole order of the department. Interest earned on the deposit shall accrue to the account of the applicant for or holder of such license and not the department.
Sec. 58. 1. Every common and contract motor carrier is required to furnish reasonably adequate service and facilities and all transportation charges made by any such carrier shall be just and reasonable.
2. Every unjust and unreasonable charge for service by any such carrier is prohibited and declared to be unlawful.
Sec. 59. 1. Upon a complaint made against any common or contract motor carrier by any interested person that any of the rates, tolls, charges or schedules, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurements, practice or act whatsoever affecting or relating to the transportation of persons or property, or any service in connection therewith, is, in any respect, unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate, the commission shall, within 10 days after receipt of such complaint, provide the motor carrier complained against with a copy of the complaint. Within a reasonable time thereafter the commission shall investigate such a complaint.
2. If, as a result of such investigation, the commission determines that probable cause exists for such complaint, it shall order a hearing thereof, and such hearing shall be noticed as provided in NRS 704.465, and conducted as any other hearing before the commission.
κ1971 Statutes of Nevada, Page 697 (CHAPTER 383, SB 266)κ
thereof, and such hearing shall be noticed as provided in NRS 704.465, and conducted as any other hearing before the commission.
3. No order affecting such rates, tolls, charges, schedules, regulations, measurements, practice or act complained of shall be entered without a formal hearing at which both the complainant and the motor carrier are entitled to appear by counsel or otherwise and be fully heard, unless a hearing is dispensed with as provided in rules and regulations adopted by the commission.
Sec. 60. 1. Every common or contract motor carrier shall file with the commission:
(a) Within a time to be fixed by the commission, schedules and tariffs which shall be open to public inspection, showing all rates, fares and charges which such carrier has established and which are in force at the time for any service performed in connection therewith by any such carrier controlled and operated by it.
(b) In connection with and as part of such schedule, all rules and regulations that in any manner affect the rates or fares charged or to be charged for any service.
2. No changes shall be made in any schedule, including schedules of joint rates, or in the rules and regulations affecting any and all rates or charges, except upon 30 days notice to the commission, and all such changes shall be plainly indicated on any new schedules filed in lieu thereof 30 days prior to the time the same are to take effect. The commission, upon application of any such carrier, may prescribe a shorter time within which a change other than a rate increase may be made. The 30 days notice is not applicable when any such carrier gives written notice to the commission 10 days prior to the effective date of its participation in a tariff bureaus rates and tariffs, provided such rates and tariffs have been previously filed with and approved by the commission.
3. The commission may at any time, upon its own motion, investigate any of the rates, fares, charges, rules, regulations, practices and services, and, by order, make such changes as may be just and reasonable, the same as if a formal complaint had been made.
4. The commission, in its discretion, may dispense with the hearing on any change requested in rates, fares, charges, rules, regulations, practices or service if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the change requested in rates, fares, charges, rules, regulations, practices or service has been filed by or on behalf of any interested person.
5. All rates, fares, charges, classifications and joint rates, rules, regulations, practices and services fixed by the commission shall be in force, and shall be prima facie lawful, from the date of the order until changed or modified by the commission, or in pursuance of sections 123 to 127, inclusive, of this act.
6. All regulations, practices and service prescribed by the commission shall be enforced and shall be prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, pursuant to the provisions of sections 123 to 127, inclusive, of this act, or until changed or modified by the commission itself upon satisfactory showing made.
Sec. 61. 1. Whenever there is filed with the commission any schedule or tariff stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule or tariff resulting in a discontinuance, modification or restriction of service, the commission shall have, and it is hereby given, authority, either upon complaint or upon its own motion without complaint, at once, and if it so orders, without answer or formal pleading by the interested common or contract motor carrier, to enter upon an investigation or, upon reasonable notice, to enter upon a hearing concerning the propriety of such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.
κ1971 Statutes of Nevada, Page 698 (CHAPTER 383, SB 266)κ
or tariff stating a new or revised individual or joint rate, fare or charge, or any new or revised individual or joint regulation or practice affecting any rate, fare or charge, or any schedule or tariff resulting in a discontinuance, modification or restriction of service, the commission shall have, and it is hereby given, authority, either upon complaint or upon its own motion without complaint, at once, and if it so orders, without answer or formal pleading by the interested common or contract motor carrier, to enter upon an investigation or, upon reasonable notice, to enter upon a hearing concerning the propriety of such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice.
2. Pending such investigation or hearing and the decision thereon, the commission, upon delivering to the common or contract motor carrier affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule or tariff and defer the use of such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice, but not for a longer period than 150 days beyond the time when such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice would otherwise go into effect.
3. After full investigation or hearing, whether completed before or after the date upon which the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice is to go into effect, the commission may make such order in reference to such rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, discontinuance, modification, restriction or practice has become effect.
Sec. 62. 1. If, upon any hearing and after due investigation, the rates, tolls, charges, schedules, tariffs or joint rates are found to be unjust, unreasonably or unjustly discriminatory, or to be preferential, or otherwise in violation of any of the provisions of this chapter, the commission shall have the power to fix and order substituted therefor such rate or rates, tolls, charges, tariffs or schedules as are just and reasonable.
2. If in like manner it is found that any regulation, measurement, practice, act or service complained of is unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise in violation of the provisions of this chapter, or if it is found that the service is inadequate, or that any reasonable service cannot be obtained, the commission shall have the power to substitute therefor such other regulations, measurements, practices, service or acts and make such order relating thereto as may be just and reasonable.
3. When complaint is made of more than one rate, charge or practice, the commission may, in its discretion, order separate hearings upon the several matters complained of and at such times and places as it may prescribe.
4. No complaint shall at any time be dismissed because of the absence of direct damage to the complaint.
5. The commission may at any time, upon its own motion, investigate any of the rates, tolls, charges, rules, regulations, practices and service, and, after a full hearing as above provided, by order, make such changes as may be just and reasonable, the same as if a formal complaint had been made.
κ1971 Statutes of Nevada, Page 699 (CHAPTER 383, SB 266)κ
as may be just and reasonable, the same as if a formal complaint had been made.
Sec. 63. No common motor carrier authorized to operate by sections 2 to 137, inclusive, of this act shall discontinue any service established under the provisions of sections 2 to 137, inclusive, of this act and all other laws relating thereto and made applicable thereto by sections 2 to 137, inclusive, of this act without an order of the commission granted only after public notice or hearing in the event of protest.
Sec. 64. 1. A copy, or so much of the schedule or tariff as the commission determines necessary for the use of the public, shall be printed in plain type and posted in every office of a common motor carrier where payments are made by customers or users, open to the public, in such form and place as to be readily accessible to the public and conveniently inspected.
2. When a schedule or tariff of joint rates or charges is or may be in force between two or more of such carriers or between any such carrier and a public utility, such schedule or tariff shall be printed and posted in like manner.
Sec. 65. 1. It is unlawful for:
(a) A common or contract motor 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) 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.
(g) 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.
(h) 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.
κ1971 Statutes of Nevada, Page 700 (CHAPTER 383, SB 266)κ
(i) Students of institutions of learning.
4. This section does not prohibit common motor 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. 66. It is unlawful for any common or contract motor carrier to make a charge for the carriage of passengers or property within the territory authorized by its certificate of public convenience and necessity or permit and give free or reduced rates beyond such limits.
Sec. 67. 1. All visually or physically handicapped persons are entitled to the full and equal enjoyment of the facilities of any common motor carrier of passengers or other means of public conveyance and transportation operating within this state.
2. It is unlawful for any person to deny any of the privileges granted by subsection 1.
Sec. 68. No common motor carrier of passengers or other means of public conveyance or transportation operating in this state may:
1. Refuse service to a visually handicapped person because he is accompanied by a guide dog; or
2. Charge an additional fee for such dog unless the dog requires additional space or service. Any extra charge shall be reasonable and based on the cost of the extra space or service actually provided.
Sec. 69. The commission may regulate and fix the maximum number of contracts and the minimum carrying charges of all intrastate contract motor carriers, and conduct hearings, make and enter necessary orders and enforce the same with respect thereto in the same manner and form as is now or may hereafter be provided by law for the regulation of the rates, charges and services of common motor carriers.
Sec. 70. 1. The commission shall have power in the supervision, regulation and control of rates and services of all common and contract motor carriers, and in the adoption of necessary rules and regulations in connection therewith, to:
(a) Cooperate with the Interstate Commerce Commission, the Department of Commerce, the Bureau of Standards, the Department of Transportation and the Civil Aeronautics Board.
(b) Confer with regulating bodies of other states on any matters that are of mutual concern and benefit to the patrons of common and contract motor carriers of this state.
2. The commission is authorized to avail itself of the cooperation, services, records and facilities of federal and state regulating tribunals.
κ1971 Statutes of Nevada, Page 701 (CHAPTER 383, SB 266)κ
services, records and facilities of federal and state regulating tribunals. It may hold joint hearings and participate in joint conferences with a view to reaching decisions in such cooperative cases.
Sec. 71. It is unlawful:
1. For any common motor carrier to operate as a carrier of intrastate commerce within this state without first having obtained a certificate of public convenience and necessity from the commission.
2. Notwithstanding any other provision of this chapter, for a broker to act as such on or off the highways of this state without having obtained a certificate of public convenience and necessity from the commission.
Sec. 72. 1. Upon the filing of an application for a certificate of public convenience and necessity, the commission shall fix a time and place for hearing thereon, and shall proceed according to the provisions of the laws of this state made applicable thereto.
2. Before granting a certificate of public convenience and necessity to an applicant, the commission shall take into consideration:
(a) Other authorized transportation facilities in the territory for which a certificate is sought;
(b) The public necessity and convenience to be accorded by the service offered by such applicant; and
(c) Whether the applicant is fit, willing and able to perform the services of a common motor carrier or broker and whether the proposed operation will be consistent with the legislative policy set forth in section 30 of this act.
3. The commission may issue a certificate of public convenience and necessity to operate as a common motor carrier or broker, or issue it for:
(a) The exercise of the privilege sought.
(b) The partial exercise only of the privilege sought.
4. The commission may attach to the exercise of the rights granted by such certificate such terms and conditions as, in its judgment, the public interest may require.
5. The commission may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the certificate has been filed by or in behalf of any interested person.
Sec. 73. Any person who has been denied a certificate of public convenience and necessity after hearing shall not be permitted again to file a similar application with the commission covering the same type of service and over the same route or routes or in the same territory for which the certificate of public convenience and necessity was denied except after the expiration of 180 days after the date the certificate of public convenience and necessity was denied.
Sec. 74. An incorporated city shall not be required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of passengers.
Sec. 75. 1. It is unlawful for any person operating a taxicab or other motor vehicle to transport passengers, either with or without compensation, between any point or place in the state to any other point or place in the state without having first applied for and received a certificate of public convenience and necessity as provided for in sections 2 to 137, inclusive, of this act.
κ1971 Statutes of Nevada, Page 702 (CHAPTER 383, SB 266)κ
2. The provisions of this section do not apply to any private motor vehicle owned and used for personal transportation only.
Sec. 76. Every order refusing or granting any certificates of public convenience and necessity, or granting or refusing permission to discontinue, modify or restrict service is prima facie lawful from the date of the order until changed or modified by the order of the commission or in pursuance of sections 123 to 127, inclusive, of this act.
Sec. 77. It is unlawful for any contract motor carrier to act as such within this state in intrastate commerce without first having obtained a permit therefor.
Sec. 78. An application for a permit for a new operation as a contract motor carrier shall be:
1. Made to the commission in writing.
2. In such form and be accompanied by such information as the commission may require.
Sec. 79. 1. A permit may be issued to any qualified applicant therefor, authorizing in whole or in part the operation covered by the application, if it appears from the application or from any hearing held thereon that:
(a) The applicant is fit, willing and able properly to perform the service of a contract motor carrier and to conform to all provisions of sections 2 to 137, inclusive, of this act and the lawful requirements and regulations thereunder; and
(b) The proposed operation will be consistent with the public interests and will not operate to defeat the legislative policy set forth in section 30 of this act.
2. An application shall be denied if the provisions of subsection 1 are not met.
Sec. 80. Any person who has been denied a permit to act as a contract motor carrier after hearing shall not be permitted again to file a similar application with the commission covering the same type of service and over the same route or routes or in the same territory for which the permit was denied except after the expiration of 180 days after the date the permit was denied.
Sec. 81. When a complaint has been filed with the commission alleging that any vehicle is being operated without a certificate of public convenience and necessity or contract carrier permit as required by sections 2 to 137, inclusive, of this act, or when the commission has reason to believe that any provision of sections 2 to 137, inclusive, of this act is being violated, the commission shall investigate such operations and the commission shall have power, after a hearing, to make its order requiring the owner or operator of such vehicle to cease and desist from any operation in violation of sections 2 to 137, inclusive, of this act. The commission shall enforce compliance with such order under the powers vested in the commission by sections 2 to 137, inclusive, of this act or by other law.
Sec. 82. 1. Each taxicab motor carrier shall, before commencing the operation defined in section 25 of this act and annually thereafter, pay to the commission for each taxicab which it operates, a fee of not more than $75 as determined by a regulation of the commission.
2. The fee provided in this section shall be paid on or before January 1 of each year.
κ1971 Statutes of Nevada, Page 703 (CHAPTER 383, SB 266)κ
3. The initial fee shall be reduced one-twelfth for each month which has elapsed since the beginning of the calendar year in which operation is begun.
4. Such fee shall be deposited in the taxicab regulating fund.
Sec. 83. 1. For the purposes of this chapter, the operator of a vehicle which comes within the provisions of this chapter, whether as a single vehicle or as part of a fleet, shall be deemed to be the owner of such vehicle.
2. The lessee and lessor of such a vehicle are jointly and severally liable for any fees, taxes, penalties or interest owed to the state under the provisions of this chapter.
Sec. 84. 1. Identifying devices shall be provided by the department and delivered to the applicants. The reasonable cost of such devices shall be borne by the state and paid out of the state highway fund upon claims therefor allowed as other claims against the state.
2. Identifying devices assigned to vehicles shall be displayed during the current licensing year, under such regulations as the department may prescribe.
3. The department may, by rule and regulation, permit the transfer of an identifying device from one vehicle to another by the operator thereof.
4. The department shall permit the transfer of identifying devices between operators upon being satisfied that such transfer has been approved by the commission.
Sec. 85. 1. Except as provided in sections 91 and 92 of this act, every person operating as a common, contract or private motor carrier shall prior to commencing operation in this state in any calendar year, secure from the department a license and make payments therefor as provided in sections 2 to 137, inclusive, of this act.
2. The license herein provided for shall be secured on or before January 1 of each year and shall become delinquent on January 1 of each year.
Sec. 86. 1. The payments for the licenses of the following vehicles shall be made in accordance with the following schedule of fees:
Each taxicab.................................................................................................... $25
Each tow car with an unladened weight of 9,000 pounds or more....... 50
2. Such fees shall be reduced by one-half for vehicles licensed after July 1 of a year.
Sec. 87. 1. Any person who is a private carrier of property transporting his own goods, wares and merchandise, other than livestock or farm produce, or ore or minerals or mining supplies, in the producers own vehicle, being transported for the purpose of sale or resale, may secure a private carriers license at a rate of $25 per year, if the vehicle does not exceed 10,000 pounds unladened weight.
2. Except for the additional fee required by section 94 of this act, such fee shall be the only license fee required of such person, notwithstanding any other provision of sections 2 to 137, inclusive, of this act; but only one such vehicle shall be permitted to be used by such person under the terms of this particular exemption, regardless of the number of his business branches located in the State of Nevada or elsewhere.
κ1971 Statutes of Nevada, Page 704 (CHAPTER 383, SB 266)κ
3. This section shall not apply to a trailer or semitrailer or to a motor vehicle towing a vehicle licensed under any other provision of this chapter.
Sec. 88. 1. Except as otherwise provided in sections 2 to 137, inclusive, of this act, the license fees for vehicles shall be as follows:
Unladened weight Fee
5,001 pounds to and including 6,000 pounds......................................... $45
6,001 pounds to and including 7,000 pounds......................................... 72
7,001 pounds to and including 8,000 pounds......................................... 99
8,001 pounds to and including 9,000 pounds......................................... 126
9,001 pounds to and including 10,000 pounds...................................... 153
10,001 pounds to and including 11,000 pounds.................................... 180
11,001 pounds to and including 12,000 pounds.................................... 207
12,001 pounds to and including 13,000 pounds.................................... 234
13,001 pounds to and including 14,000 pounds.................................... 261
14,001 pounds to and including 15,000 pounds.................................... 288
15,001 pounds to and including 16,000 pounds.................................... 315
16,001 pounds to and including 17,000 pounds.................................... 342
17,001 pounds to and including 18,000 pounds.................................... 369
18,001 pounds to and including 19,000 pounds.................................... 396
19,001 pounds to and including 20,000 pounds.................................... 423
20,001 pounds and over.............................................................................. 450
2. For the purposes of this section each vehicle, including a trailer and semitrailer, shall be considered a separate vehicle, but no license shall be required for converter gear dollies. Notwithstanding any other provisions of sections 2 to 137, inclusive, of this act, the number of trailers to be licensed in conjunction with a motor vehicle shall be the maximum number to be towed by such motor vehicle.
3. The unladened weight fee of vehicles carrying permanently mounted equipment, including but not limited to ready-mix concrete vehicles, well-drilling vehicles and similar classes of vehicles specifically designated by the department, shall be determined by using a weight equivalent to 70 percent of the total weight of such vehicles, fully equipped but exclusive of load.
4. Except for the license fee provided for in subsection 6, the license fee imposed by this section shall be reduced one-twelfth, rounded to the nearest dollar, for each month which has elapsed since the beginning of the calendar year.
5. Should any vehicle within the terms of this chapter be changed in any respect after it is weighed, which change increases its unladened weight, the department may require another weighing of such vehicle and additional fees paid thereon.
6. Except as otherwise provided in sections 86 and 87 of this act, the operator of any motor vehicle weighing 5,000 pounds or less, including station wagons, which vehicle is used primarily for the transportation of property, may pay a fee of $15 for an identifying device, and the department shall issue an identifying device of the same type as is issued to vehicles which are required to pay the fees under this section.
κ1971 Statutes of Nevada, Page 705 (CHAPTER 383, SB 266)κ
Sec. 89. 1. Common and contract motor carriers whose vehicles are operated exclusively within the limits of a city and an area 5 miles outside such limits, and whose vehicles are required to be licensed under the provisions of this chapter, shall secure identifying devices from the department indicating that such vehicles may operate within such limits and area upon payment of fees amounting to one-half of the fees set forth in section 88 of this act.
2. Any person operating pursuant to this section who operates outside such limits and area shall, in addition to any other penalties provided by law, immediately become liable for the full amount of the fees set forth in section 88 of this act from the date such person was originally licensed in a calendar year under this section.
Sec. 90. 1. In lieu of the license fees set forth in section 88 of this act, the department may, when it is satisfied that adequate records are or will be maintained by the applicant or that the applicant has a history of compliance with the provisions of this chapter, authorize any common, contract or private carrier who operates vehicles across the boundaries of the state, to pay a mileage fee upon all mileage traveled by motor vehicle within the State of Nevada in the statutory licensing period at the following per-mile fees for total miles traveled in that period:
For the first 75,000 miles of travel, per mile.................................... 2.5 cents
From 75,001 to 250,000 miles of travel, per mile........................... 2.0 cents
From 250,001 miles to 1,000,000 miles of travel, per mile........... 1.5 cents
From 1,000,001 to 2,000,000 miles of travel, per mile.................. 1.25 cents
For all miles in excess of 2,000,000, per mile.................................. 1.0 cent
Motor vehicles of 5,000 pounds or less, unladened weight shall not have this option.
2. In order to qualify under this section, each such carrier shall:
(a) Annually file an application with the department declaring the total mileage operated by such vehicles in all states and in this state during the preceding statutory licensing period and describing and identifying each such vehicle to be operated in this state during the ensuing license year; and
(b) Make an advance deposit not less than an amount obtained by applying the proportion of in-state motor vehicle miles to total motor vehicle miles as reported in the statement to the fees which would otherwise be required for licensing all such motor vehicles together with one trailing vehicle for each motor vehicle. This amount shall be entered to the credit of each person so qualifying under this section and shall be applied against amounts which may become due under the schedule of fees set forth in subsection 1. The advance deposit shall be considered the minimum amount due under this section and shall not be subject to refund or credited for any subsequent license period or for any other purpose.
3. In addition to the fees per mile set forth in subsection 1, there shall be assessed an annual nonrefundable administrative fee of $5 for each motor vehicle qualified to operate in Nevada under this section, for which fee there shall be issued an identifying device.
κ1971 Statutes of Nevada, Page 706 (CHAPTER 383, SB 266)κ
Sec. 91. 1. A nonresident operator of a vehicle coming within the provisions of sections 2 to 137, inclusive, of this act, except operators of of driveaway-towaway convoy vehicles, and a resident operator of a vehicle dealing in the business of moving houses or parts of houses while in a constructed or partially constructed state shall have the option, in lieu of causing such vehicle to be licensed under sections 2 to 137, inclusive, of this act, of applying for a 48-hour temporary license to be issued forthwith upon payment of a fee equal to 5 percent of the license fee provided in section 88 of this act, rounded off to the nearest dollar. The minimum fee for such 48-hour temporary license shall not be less than $6 per vehicle nor more than $30 per combination of vehicles.
2. A 48-hour temporary license shall authorize operation over the highways of this state for a period of not more than 48 consecutive hours.
3. Any person who has elected to pay license fees exclusively under this section and who has complied with the provisions of section 51 of this act shall, upon application to the department in such form and detail as the department may require, be issued a proper identifying device. The fee for each such device is $2.
4. Upon request, the department shall allow credit for the period for which such licenses were purchased if the applicant is licensed under the provisions of sections 86 to 90, inclusive, of this act within 60 days after the purchase of the first such license within a licensing year.
5. No person may operate under the provisions of this section for more than 10 days after the first issuance of a 48-hour temporary license during a calendar year unless such person has received permission to operate in this state pursuant to the provisions of section 51 of this act.
Sec. 92. 1. Except as provided in subsection 5, every motor convoy carrier, before commencing operations in this state, shall make application to the department for a motor convoy carrier license.
2. The applicant may elect to be licensed on an annual basis or on a 48-hour temporary convoy license basis.
3. If the applicant elects to be licensed on an annual basis the license fee shall be $500, and the fee for each identifying device issued thereunder shall be $30. Such license and each identifying device shall expire on December 31 of each year and may not be transferred to or used by any other person.
4. If the applicant elects to be licensed exclusively on a 48-hour temporary convoy license basis, the department shall issue appropriate identifying devices. The fee for each such device is $2. An original identifying device shall be carried in each vehicle when operating in this state. It shall be unlawful to duplicate any such device.
5. No person may operate under the provisions of this section for more than 10 days after the first issuance of a 48-hour temporary convoy license unless such person has received permission to operate in this state pursuant to the provisions of section 51 of the act.
6. For each vehicle driven, towed or carried by any motor convoy carrier, or driven singly, which does not have an identifying device issued pursuant to subsection 3, a 48-hour temporary convoy license shall be secured upon payment of a fee of $8.25. No such license may be transferred to or used by any other person or for any other vehicle.
7. No license fee required under section 88 of this act shall be assessed on any vehicle driven, towed or carried under the provisions of this section.
κ1971 Statutes of Nevada, Page 707 (CHAPTER 383, SB 266)κ
assessed on any vehicle driven, towed or carried under the provisions of this section.
8. The provisions of this section shall not apply to vehicles transported by motor vehicles regularly licensed under the provisions of sections 86, 88, 90 or 91 of this act.
Sec. 93. 1. After the department of highways has approved an application for a permit under the provisions of subsection 4 of NRS 484.739, and prior to issuance, the department shall issue special identifying devices for vehicle combinations to be operated under such special permit, which shall be carried and displayed on any vehicle combination operating under such permit in such manner as the department determines. The devices issued may be transferred from one vehicle combination to another under such conditions as the department may, by rule and regulation prescribe, but shall not be transferred from one person or operator to another without prior approval of the department of highways. Such devices shall be used only on motor vehicles regularly licensed under the provisions of section 88 or 90 of this act.
2. The annual fee for each vehicle combination identifying device or devices shall be $20 for each 1,000 pounds or fraction thereof of gross vehicle combination weight in excess of 77,000 pounds, which fee shall be reduced one-twelfth for each month that has elapsed since the beginning of each calendar year, rounded to the nearest dollar, and in no event to be less than $50. Such fee shall be paid in addition to all other fees required under the provisions of this chapter.
3. Any person operating a vehicle combination licensed pursuant to the provisions of subsection 2, who is apprehended operating a vehicle combination in excess of the gross vehicle load for which the fee in subsection 2 has been paid is, in addition to all other penalties provided by law, liable for the difference between the fee for the load being carried and the fee paid, for the full licensing period.
4. Any person apprehended operating a vehicle combination without having complied with the provisions of NRS 484.739 and this section is, in addition to all other penalties provided by law, liable for the payment of the fee which would be due under the provisions of subsection 2 for the balance of the calendar year for the gross load being carried at the time of apprehension.
Sec. 94. 1. In addition to the fees provided in sections 86 to 92, inclusive, of this act, the department shall collect the additional sum of $3 for:
(a) Each original identifying device issued on an annual basis for motor vehicles under the provisions of sections 86 to 90, inclusive, of this act; and
(b) Each original identifying device issued on an annual basis under the provisions of sections 91 and 92 of this act.
2. All moneys collected pursuant to this section shall be paid over to the state treasurer for deposit to the credit of the state highway fund, to be used to defray the costs incurred pursuant to section 34 of this act.
Sec. 95. Any person electing or required to pay license fees under the provisions of sections 91, 92, or 149 of this act shall purchase the necessary temporary licenses, through the first available vendor upon entry into the State of Nevada.
κ1971 Statutes of Nevada, Page 708 (CHAPTER 383, SB 266)κ
Sec. 96. Where credit is allowed against any subsequent fee for a license or registration fee paid pursuant to sections 91, 92 or 149 of this act, there shall be a nonrefundable charge of $1.
Sec. 97. 1. Any person electing to pay license fees under the provisions of sections 90 to 92, inclusive, of this act shall, in addition to any other penalties prescribed by this chapter, pay a $10 penalty for every delinquent tax return or report.
2. A tax return or report is considered delinquent when it has not been received by the department by the due date of the following months tax return, or quarterly report, as prescribed by this chapter, or by rules and regulations of the department.
Sec. 98. Whenever any identifying device is lost or destroyed and a replacement therefor is issued or whenever an identifying device is transferred, there shall be a nonrefundable charge of $2.
Sec. 99. The department may:
1. Upon application, relieve any nonresident motor carrier from the payment of any fee, or a portion thereof, required by sections 2 to 150, inclusive, of this act, to the extent, and only to the extent, that similar benefits are extended or available to residents of this state.
2. Temporarily waive any fee imposed upon a motor carrier when an emergency exists requiring expeditious transportation. As used in this subsection, emergency means a condition requiring action to prevent, minimize or repair injury and damage resulting from disasters caused by enemy attack, sabotage or other hostile action, or by fire, flood, earthquake or other natural causes.
Sec. 100. 1. The department may, in its discretion, where a fee or other amount provided for in sections 2 to 150, inclusive, of this act, remains unpaid for more than 15 days and the person or persons liable therefor neglect or refuse to pay the same for any reason, direct that a civil action be commenced in a court of competent jurisdiction in the proper county for the recovery of such fee or other amount.
2. The district attorney of such county, upon request of the department, shall commence such action in the name of the state.
3. All laws and rules of court relating to civil actions in this state shall be applicable thereto.
Sec. 101. 1. If illegally or through error the department collects or receives any fee, penalty or interest imposed under sections 2 to 150, inclusive, of this act, the fee, penalty or interest shall be refunded to the person paying it. Written application for refund, stating the specific grounds therefor, shall be made within 2 years after the date of payment, whether or not the fee, penalty or interest was paid voluntarily or under protest.
2. Refunds shall be made to a successor, assign, estate or heir of such person if written application is made within the time limit.
3. Any amount determined to be refundable by the department shall be refunded or credited to any amounts then due and payable from the person to whom the refund is due.
4. All amounts refunded under the provisions of this chapter shall be paid from the state highway fund on claims presented by the department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
κ1971 Statutes of Nevada, Page 709 (CHAPTER 383, SB 266)κ
be paid from the state highway fund on claims presented by the department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
Sec. 102. 1. No injunction, writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against this state or any officer thereof to prevent or enjoin the collection under sections 2 to 150, inclusive, of this act of any fee or other amount required to be collected.
2. After payment of any such fee or other amount under protest, duly verified and setting forth the grounds of objection to the legality thereof, filed with the department at the time of payment of the fee or other amount protested, the person making the payment may bring an action against the state treasurer in the district court in and for Carson City for the recovery of the amount so paid under protest.
Sec. 103. 1. No action authorized by section 102 of this act may be instituted more than 90 days after payment under protest has been made. Failure to bring suit within the 90 days constitutes a waiver of any and all demands against the state on account of alleged overpayments.
2. No grounds for refund may be considered by the court other than those set forth in the protest filed at the time of such payment.
Sec. 104. 1. If judgment is rendered for the plaintiff, the amount of the judgment shall first be credited on any fee or other amount due from the plaintiff under sections 2 to 150, inclusive, of this act, and the balance of the judgment shall be refunded to the plaintiff.
2. On any such judgment, interest shall be allowed at the rate of 6 percent per annum upon the amount ordered to be refunded, from the date of payment of such amount to the date of allowance of credit on account of such judgment or to a date preceding the date of the refund warrant by not more than 30 days, such date to be determined by the department.
Sec. 105. In any action commenced under section 100 of this act, a writ of attachment may issue, and no bond or affidavit previous to the issuing of the attachment shall be required.
Sec. 106. In any action under section 100 of this act, a verified claim by the department showing the delinquency shall be prima facie evidence of the amount of such obligation, of such delinquency, and of compliance by the department with all provisions of this chapter relating to such obligation.
Sec. 107. The delinquent fees, interest and penalties shall constitute a lien upon and have the effect of an execution duly levied against any vehicle owned or being purchased by the licensee for the operation of which fees or other obligations are due under the provisions of sections 2 to 150, inclusive, of this act. The lien attaches at the time the vehicle is operated in this state with fees or other obligations delinquent.
Sec. 108. The lien shall not be removed until the fees or other amounts are paid or the vehicle subject to the lien is sold in payment of the fees or other amounts.
Sec. 109. The lien is paramount to all private liens or encumbrances of whatever character upon the vehicle and to the rights of any conditional vendor or any other holder of the legal title to such vehicle, with the following exceptions:
κ1971 Statutes of Nevada, Page 710 (CHAPTER 383, SB 266)κ
vendor or any other holder of the legal title to such vehicle, with the following exceptions:
1. The lien shall not be enforcible against any vehicle which was transferred in good faith to a bona fide transferee before physical possession of the vehicle was taken by the State of Nevada pursuant to the lien.
2. The lien shall be subordinate to any lien of indebtedness secured by a security agreement which existed against a vehicle prior to the time when the lien provided by section 107 of this act attached to such vehicle if:
(a) Such indebtedness was incurred in good faith to secure a portion of the purchase price of such vehicle;
(b) Such indebtedness is secured by a security agreement perfected as required by law; and
(c) Such security agreement, whether providing for a purchase money security interest or otherwise, was not given, directly or indirectly, to any officer or stockholder of a corporation having the lawful use or control of such vehicle.
3. Notwithstanding the provisions of subsection 2, the lien provided by section 107 of this act shall be enforcible as to any equity which may remain in a vehicle subject to such lien after the encumbrance of any security interest has been removed by repossession and sale of such vehicle by the secured party, but no such sale, either public or private, may be had unless such secured party has served, by registered or certified mail, at least 5 days prior to the date set for sale, notice upon the director of the department of the time and place of such sale. The department shall notify the secured party, if the name of the secured party is known to the department, at the time the lien attaches to any vehicle, or as soon thereafter as the department learns that the lien has attached.
Sec. 110. 1. If the ownership of a vehicle subject to the lien provided for by section 107 of this act is transferred, whether by operation of law or otherwise, no certificate of registration or certificate of ownership with respect to such vehicle shall be issued by the department to the transferee or person otherwise entitled thereto until the department has issued a certificate that such lien has been removed.
2. No license issued under chapter 706 of NRS with respect to a vehicle which becomes subject to the lien provided for by section 107 of this act shall be transferred until the department has issued a certificate that such lien has been removed.
Sec. 111. 1. If any licensee is delinquent in the payment of any fee or other amount imposed under sections 2 to 150, inclusive, of this act, the department may give notice of the amount of such delinquency by registered or certified mail to all persons having in their possession or under their control any credits or other personal property belonging to such licensee, or owing any debts to such licensee at the time of the receipt by them of such notice. Thereafter any person so notified shall neither transfer nor make other disposition of such credits, personal property or debts until the department has consented to a transfer or disposition, or until 20 days have elapsed from and after the receipt of such notice.
κ1971 Statutes of Nevada, Page 711 (CHAPTER 383, SB 266)κ
disposition, or until 20 days have elapsed from and after the receipt of such notice.
2. All persons so notified shall, within 5 days after the receipt of such notice, advise the department of any such credits, personal property or debts in their possession, under their control or owing by them, as the case may be.
Sec. 112. 1. For reasonable cause the department may revoke any license issued pursuant to this chapter or refuse to issue any license provided for in this chapter.
2. Before revoking a license, the department shall send a notice by registered or certified mail to the licensee at his last known address ordering him to appear before the department at a time not less than 10 days after the mailing of such notice and show cause why the license should not be revoked.
Sec. 113. The remedies of the state provided for in sections 2 to 150, inclusive, of this act are cumulative, and no action taken by the department or commission shall be construed to be an election on the part of the state or any of its officers to pursue any remedy under sections 2 to 150, inclusive, of this act to the exclusion of any other remedy for which provision is made in sections 2 to 150, inclusive, of this act.
Sec. 114. 1. All motor carriers coming within the terms of sections 2 to 137, inclusive, of this act, to whom have been issued the certificates, permits and licenses provided by sections 2 to 137, inclusive, of this act, may transfer such certificates, permits and licenses to another qualified under sections 2 to 137, inclusive, of this act, but no such transfer shall be valid for any purpose until a joint application to make such transfer has been made to the commission by the tranferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor. No transfer of stock of a corporate motor carrier under the jurisdiction of the commission shall be valid without prior commission approval if the effect of such transfer will be to change corporate control of the carrier or if a transfer of 15 percent or more of the common stock of the carrier is proposed.
2. The commission, in its discretion, may:
(a) Direct that a hearing be had in the matter of such transfer, which hearing may be noticed and conducted in like manner as other hearings before the commission; or
(b) Dispense with the hearing on the joint application to transfer if, upon the expiration of the time fixed in the notice thereof, no protest against the transfer of the certificate or permit has been filed by or in behalf of any interested person.
3. In determining whether or not the transfer of a certificate of public convenience and necessity or contract carrier permit to an applicant should be authorized, the commission shall consider:
(a) The service which as been performed by the transferor and that which may be performed by the transferee.
(b) Other authorized transportation facilities in the territory for which such transfer is sought.
(c) Whether or not the transferee is fit, willing and able to perform the services of a common or contract carrier by vehicle and whether or not the proposed operation will be consistent with the legislative policy set forth in section 30 of this act.
κ1971 Statutes of Nevada, Page 712 (CHAPTER 383, SB 266)κ
the services of a common or contract carrier by vehicle and whether or not the proposed operation will be consistent with the legislative policy set forth in section 30 of this act.
4. The commission may make such amendments, restrictions or modifications in a certificate or permit upon such transfer, as the public interest may require.
5. No transfer shall be valid beyond the life of the certificate, permit or license transferred.
Sec. 115. As used in sections 115 to 121, inclusive, of this act, security means any note, stock, treasury stock, bond, debenture or other evidence of interest in or indebtedness of a person.
Sec. 116. 1. No common or contract motor carrier organized under the laws of and operating in the State of Nevada shall issue any security, or assume any obligation as guarantor, endorser, surety or otherwise, in respect to any security of any other person, unless and until, and only to the extent, authorized by a written order of the commission.
2. The provisions of subsection 1 do not apply to the issue or renewal of, or assumption of liability on, a note or draft maturing not more than 1 year after the date of such issue, renewal or assumption of liability.
Sec. 117. 1. Upon receipt of an application for an order authorizing the issuance of any security or the assumption of any obligation in respect to any security of another, the commission may grant such application in whole or in part and with such modifications and upon such terms and conditions as it may find necessary or appropriate.
2. The commission may from time to time make such supplemental orders in the premises as it may find necessary or appropriate. Such supplemental order may modify the provisions of any previous order as to the particular purposes, uses, and extent to which, or the conditions under which, any security theretofore authorized or the proceeds thereof may be applied.
3. The commission shall not make any order or supplemental order granting any application under this section unless it finds that such issue or assumption:
(a) Is for some lawful object, within the corporate purposes of the applicant and compatible with the public interest, which is necessary or appropriate for or consistent with the proper performance by the applicant of service as a common or contract motor carrier, and which will not impair its ability to perform that service; and
(b) Is reasonably necessary or appropriate for such purposes.
Sec. 118. No common or contract motor carrier shall, without the consent of the commission, apply any security or any proceeds thereof to any purpose not specified in the commissions order, or supplemental order, or to any purpose in excess of the amount allowed for such purpose in such order, or otherwise in contravention of such order.
Sec. 119. Nothing in sections 115 to 121, inclusive, of this act shall be construed to imply any guarantee or obligation on the part of the State of Nevada in respect to any securities to which the provisions of such sections relate.
Sec. 120. All necessary expenses incurred by the commission in the administration of sections 115 to 121, inclusive, of this act shall be charged against and collected from the common or contract motor carrier by the commission.
κ1971 Statutes of Nevada, Page 713 (CHAPTER 383, SB 266)κ
charged against and collected from the common or contract motor carrier by the commission. All moneys collected by the commission pursuant to the provisions of this section shall be delivered to the state treasurer and by him carried into the fund appropriated for the general expenses of the commission.
Sec. 121. The provisions of sections 115 to 120, inclusive, of this act, do not apply to any common or contract motor carrier engaged in interstate commerce if 25 percent or more of the operating revenues of such common or contract motor carrier are derived from interstate commerce.
Sec. 122. 1. No certificate of public convenience and necessity, permit or license issued in accordance with the terms of sections 2 to 137, inclusive, of this act shall be construed to be either a franchise or irrevocable.
2. The commission may at any time, for good cause shown, after investigation and upon 5 days written notice to the grantee, suspend any certificate, permit or license for a period not to exceed 60 days.
3. Upon receipt of a written complaint or on its own motion, the commission may, after investigation and hearing, revoke any certificate, permit or license. If service of the notice provided in subsection 2 cannot be made or if the grantee relinquishes his interest in the certificate, permit or license by so notifying the commission in writing, the commission may revoke such certificate, permit or license without a hearing.
4. Any person aggrieved by the order of the commission revoking such certificate, permit or license may within 30 days commence an action in the district court in and for Carson City against the commission to vacate and set aside such order on the ground that such order is unlawful or unreasonable.
5. The proceedings thereafter shall be governed by the provisions of sections 123 to 127, inclusive, of this act.
Sec. 123. 1. Any party in interest being dissatisfied with an order of the commission fixing any rate or rates, fares, charges, schedules, tariffs, classifications, joint rate or rates, or any order fixing any regulations, practices or services, may within 90 days commence an action in the proper district court against the commission and other interested parties as defendants to vacate and set aside any such order on the ground that the rate fixed in such order is unlawful or unreasonable, or that any such regulation, practice or service fixed in such order is unreasonable.
2. The commission and other parties defendant shall file their answers to the complaint within 30 days after the service thereof, whereupon such action shall be at issue and stand ready for trial upon 20 days notice to either party.
3. All actions brought under this section shall have precedence over any civil cause of a different nature pending in such court, and the court shall always be deemed open for the trial thereof, and the same shall be tried and determined as other civil actions.
4. Any party to such action may introduce evidence in addition to the transcript of the evidence offered to the commission.
Sec. 124. 1. No injunction shall issue suspending or staying any order of the commission relating to rates, fares, charges, schedules, tariffs, classification, joint rate or rates, or any order fixing any regulations, except upon application to the court or judge thereof, upon notice given the commission within 20 days of the rendition of the order of the commission complained of, and no such injunction shall issue except upon such notice being first given and a hearing of the petition therefor by the court or judge thereof within 20 days thereafter.
κ1971 Statutes of Nevada, Page 714 (CHAPTER 383, SB 266)κ
except upon application to the court or judge thereof, upon notice given the commission within 20 days of the rendition of the order of the commission complained of, and no such injunction shall issue except upon such notice being first given and a hearing of the petition therefor by the court or judge thereof within 20 days thereafter. In any event all rates, charges and regulations of the commission shall be deemed reasonable and just until set aside by the court, and in all actions for injunction or otherwise the burden of proof shall be upon the party attacking or resisting the order of the commission to show by clear and satisfactory evidence that the order is unlawful, or unreasonable, as the case may be.
2. If an injunction is granted by the court and the order complained of is one which permanently suspends a schedule of rates and charges or a part thereof filed by any motor carrier pursuant to sections 59 to 64, inclusive, of this act, or which otherwise prevents such schedule or part thereof from taking effect, the motor carrier complaining may keep in effect or cause to be put into effect, as the case may be, the suspended schedule or part thereof pending final determination by the court having jurisdiction, by filing a bond with the court in such amount as the court may fix, conditioned upon the refund to persons entitled thereto of the amount of the excess if the rate or rates so suspended are finally determined by the court to be excessive.
3. Upon the final determination of the court that the rate or rates in question are excessive and the motor carrier has collected such excessive rate or rates, such motor carrier shall compute and pay the excess or overpayment of the rate or rates as to each person within 120 days from and after the entry of final judgment of the court.
4. Within 150 days after the entry of final judgment, the motor carrier shall prepare and file with the commission a statement and report in affidavit form stating that all persons entitled to refunds have been paid, and if there are persons to whom payment has not or cannot be made, the names, addresses and individual amounts of refund shall be listed in such report, and the motor carrier shall pay the aggregate of all such unpaid refunds to the commission.
5. The commission shall retain such aggregate refunds subject to the claim of each person for his or its share in the refund payment and shall pay all such claims which are presented for payment within 2 years from and after the date of the entry of final judgment of the court. All such claimants shall be required to identify themselves to the satisfaction of the commission before payment shall be made.
6. Any person shall have a right of action against the commission in the event of a refusal of the commission to pay his or its claim if the name of such person appears in the report filed by the motor carrier. Action against the commission must be brought within 6 months from and after the refusal to pay the claim.
7. The commission shall investigate every case in which a claim is presented to it by a person claiming a refund but whose name does not appear in the report of the motor carrier, and if such investigation results in a refusal by the motor carrier to pay such claim, then the claimant shall have a right of action against the motor carrier.
8. Any unclaimed moneys remaining in the custody of the commission at the expiration of the 2-year period shall escheat to the state.
κ1971 Statutes of Nevada, Page 715 (CHAPTER 383, SB 266)κ
Sec. 125. 1. If, upon the trial of such action, evidence is introduced by the plaintiff which is found by the court to be different from or additional to that offered upon the hearing before the commission, the court, before proceeding to render judgment, unless the parties to such action stipulate in writing to the contrary, shall transmit a copy of such evidence to the commission, and shall stay further proceedings in the action for 30 days from the date of such transmission.
2. Upon receipt of such evidence the commission shall consider it, and may alter, modify, amend or rescind its orders relating to such rate or rates, fares, charges, schedules, tariffs, classifications, joint rate or rates, regulation, practice or service complained of in the action, and shall report its action thereon to the court within 25 days from the receipt of such evidence.
Sec. 126. If the commission rescinds its order complained of, the action shall be dismissed. If it alters, modifies or amends the order, such altered, modified or amended order shall take the place of the original order complained of, and judgment shall be rendered thereon as though made by the commission in the first instance. If the original order is not rescinded or changed by the commission, judgment shall be rendered upon such original order.
Sec. 127. 1. Either party to the action, within 60 days after the service of a copy of the order or judgment of the court, may appeal or take the case upon error as in other civil actions.
2. Where an appeal is taken to the supreme court of Nevada, the cause shall, on the return of the papers to the higher court, be immediately placed on the calendar of the then pending term, and shall be assigned and brought to a hearing in the same manner as other causes on the calendar.
Sec. 128. Except as provided in section 54 of this act, none of the provisions of sections 2 to 137, inclusive, of this act, apply to:
1. Any vehicle operated wholly within the corporate limits of a city, except vehicles operated as common or contract motor carriers, to which all such provisions except sections 85 to 94, inclusive, of this act shall apply, but if the corporate limits of any such city are extended or changed to include within such corporate limits any route, area, highway or terminus lawfully serviced, used or employed at the time of such extension or change of such corporate limits by any such carrier, to which a certificate of public convenience and necessity, permit or license has been issued, the provisions of this chapter shall apply, while any such carrier servicing, using or employing such route, area, highway or terminus in accordance with such certificate, permit or license shall have and continue to have such certificate, permit or license or any renewal thereof, and shall not be in default of any payment for any license, or of any liability insurance policy, or certificate of insurance or bond provided by this chapter.
2. United States mail carriers operating star routes when not engaged in other business as a common or contract carrier.
3. Private motor carriers of property operating within a 5-mile radius of the limits of a city.
4. Farm vehicles.
5. The transportation of children to and from school.
6. The transportation by a contractor licensed by the state contractors board of his own equipment in his own vehicles from job to job.
κ1971 Statutes of Nevada, Page 716 (CHAPTER 383, SB 266)κ
7. The transportation of livestock by the owner thereof in his own motor vehicle of 10,000 pounds or less unladened weight.
8. The transportation of ore or minerals or mining supplies in the producers own motor vehicle; but only one motor vehicle having an unladened weight not exceeding 10,000 pounds shall be exempted from the transportation of ore or minerals or mining supplies. No exemption whatever shall be granted if the motor vehicle exceeds 10,000 pounds unladened.
9. Any person engaged in transporting his own personal effects in his own vehicle, but the provisions of this paragraph do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise, or to the carriage of any property for compensation.
10. Special mobile equipment.
Sec. 129. 1. Notwithstanding the provisions of NRS 482.320 and the provisions of sections 18 and 92 of this act, such sections relating to motor convoy carriers, it shall be lawful for any manufacturer or dealer in motor vehicles, as such are defined in section 19 of this act, having an established place of business in this state to operate, drive or tow any such motor vehicles over and along the highways of this state, when such motor vehicles are to be sold, exchanged or stored for the purpose of sale or exchange, without first securing from the department the license and paying the motor convoy fee therefor.
2. No such manufacturer or dealer shall operate, drive or tow any such motor vehicle unless there are attached thereto the motor vehicle dealers license plates required by law of all such manufacturers or dealers, or a permit from the department provided for in NRS 482.3211 and 482.3212.
Sec. 130. The provisions of section 71 of this act requiring certificates of public convenience and necessity for common carriage, and of section 77 of this act requiring contract carrier permits for contract carriage, do not apply to:
1. The operation of tow cars with an unladened weight of less than 9,000 pounds.
2. Ambulances and hearses.
Sec. 131. Any person who:
1. Operates in any carriage to which sections 2 to 150, inclusive, of this act apply without first obtaining a certificate, permit or license, or in violation of the terms thereof; or
2. Fails to make any return or report required by sections 2 to 150, inclusive, of this act, or by the commission or the department under the terms of sections 2 to 150, inclusive, of this act; or
3. Violates, or procures, aids or abets the violating of, any provision of sections 2 to 150, inclusive, of this act; or
4. Fails to obey any order, decision or regulation of the commission or the department; or
5. procures or aids or abets any person in his failure to obey such order, decision or regulation; or
6. Advertises, solicits, proffers bids or otherwise holds himself out to perform transportation as a common or contract carrier in violation of any of the provisions of sections 2 to 150, inclusive, of this act; or
κ1971 Statutes of Nevada, Page 717 (CHAPTER 383, SB 266)κ
7. Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of this chapter; or
8. Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter; or
9. Operates a vehicle without having the proper identifying device; or
10. Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been canceled, revoked, suspended or altered; or
11. Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or
12. Refuses or fails to surrender to the commission or department any certificate, permit, license or identifying device which has been suspended, canceled or revoked as provided in this chapter,
is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 10 days nor more than 6 months, or by both fine and imprisonment.
Sec. 132. 1. Any agent or person in charge of the books, accounts, records, minutes or papers of any common or contract motor carrier or broker who refuses or fails for a period of 30 days to furnish the commission or department with any report required by either or who fails or refuses to permit any person authorized by the commission or department to inspect such books, accounts, records, minutes or papers on behalf of the commission or department shall be liable to a penalty in a sum of not less than $300 nor more than $500. The penalty shall be recovered in a civil action upon the complaint of the commission or department in any court of competent jurisdiction.
2. Each days refusal or failure shall be deemed a separate offense, and shall be subject to the penalty prescribed in this section.
Sec. 133. 1. It is unlawful for any common or contract motor carrier or broker to charge, demand, collect or receive a greater or less compensation for any service performed by it within the state or for any service in connection therewith than is specified in its fare, rates, joint rates, charges or rules and regulations on file with the commission, or to demand, collect or receive any fare, rate or charge not specified. The rates, tolls, and charges named therein shall be the lawful rates, tolls and charges until they are changed as provided in this chapter.
2. It is unlawful for any common or contract motor carrier or broker to grant any rebate, concession or special privilege to any person which, directly or indirectly, has or may have the effect of changing the rates, tolls, charges or payments.
3. Any violation of the provisions of this section shall subject the violator to the penalty prescribed in section 132 of this act.
Sec. 134. Any common or contract motor carrier or broker which:
1. Violates any provision of law for which a penalty has not been provided; or
2. Fails or refuses to obey any lawful requirement or order made by the commission, department or any court,
for every such violation, failure or refusal shall be subject to the penalty prescribed in section 132 of this act.
κ1971 Statutes of Nevada, Page 718 (CHAPTER 383, SB 266)κ
Sec. 135. 1. No owner or operator of a motor vehicle to which any provision of sections 2 to 150, inclusive, of this act apply carrying passengers or property on any highway in the State of Nevada shall require, suffer or permit any driver of such motor vehicle to drive any such motor vehicle in any one period longer than the time permitted for such period by the order of the commission.
2. The commission shall have authority to extend to private carriers of explosives and other dangerous articles, as defined by the rules and regulations of the Department of Transportation, the safety rules and regulations applying to common or contract carriers of such articles.
3. The labor commissioner, peace officers, and authorized personnel of the commission and the department shall enforce the provisions of this section.
4. Any violation of this section is a misdemeanor.
Sec. 136. In addition to all the other remedies provided by sections 2 to 150, inclusive, of this act, for the prevention and punishment of any and all violations of the provisions thereof and of all orders of the commission or the department, the commission or the department may compel compliance with the provisions of sections 2 to 150, inclusive, of this act and with the orders of the commission or the department by proceedings in mandamus, injunction or by other civil remedies.
Sec. 137. 1. If the department is not satisfied with the records, statements or amount of fees paid by any person, pursuant to the provisions of sections 2 to 150, inclusive, of this act, it may make an additional or estimated assessment of fees due from such person based upon any information available to it.
2. Every such assessment shall bear interest at the rate of 1 percent per month, or fraction thereof, from the date such assessment is imposed until paid.
3. If any part of a deficiency for which such assessment is imposed is found to be caused by negligence or intentional disregard of the provisions of sections 2 to 150, inclusive, of this act, or the rules and regulations of the department adopted pursuant thereto, a penalty of 10 percent of the amount of such assessment shall be added thereto. If any part of such deficiency is found to be caused by fraud or an intent to evade this chapter or rules and regulations adopted pursuant to this chapter, a penalty of 25 percent of the amount of such assessment shall be added thereto.
4. The department shall give such person written notice of such assessment. Such notice may be served personally or by mail in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to such person at his address as it appears in the records of the department. Every notice of assessment shall be served within 2 years after the allegedly erroneous report was filed.
5. When any person refuses or fails to make available to the department, upon request, such records, reports or other information as determined by the department to be necessary in satisfying the department that the amount of tax paid by such person is correct, the assessment made pursuant to this section is presumed to be correct, and the burden is upon the person challenging any such assessment to establish that it is erroneous.
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the person challenging any such assessment to establish that it is erroneous.
6. Any person against whom an assessment has been made pursuant to the provisions of this section may petition the department for a redetermination within 15 days after service of such notice. If such a petition is not filed with the department within such period, such assessment shall become final.
7. If a petition for redetermination is filed within such period, the department shall reconsider the assessment and, if the petitioner so requests, shall grant him an oral hearing and give him 10 days notice of the time and place of such hearing. The department may continue such hearing from time to time as may be necessary.
8. The order of the department upon such a petition shall become final 15 days after service of notice thereof. If any such assessment is not paid on or before the date it becomes final, there shall be added thereto in addition to any other penalty provided for in this chapter a penalty of 10 percent of the amount of the assessment.
Sec. 138. Sections 138 to 150, inclusive, of this act, shall be known as the Interstate Highway User Fee Apportionment Act.
Sec. 139. As used in sections 138 to 150, inclusive, of this act:
1. Department means each agency of this state, or of any political subdivision of this state, administering the fee involved.
2. Fee means each registration fee and tax imposed by this state, except motor vehicle fuel taxes, motor carrier regulation and licensing fees, and the additional fee imposed by subsection 10 of NRS 482.480.
3. Mileage includes mileage in this state and in all other states.
4. Operator includes the owner or operator of any vehicle.
5. Person includes any individual, firm, copartnership, joint venture, association, corporation, estate trust, business trust, receiver, syndicate or any other group or combination acting as a unit.
6. Plan means a plan adopted by any state or states for the proration of fees on a basis to effectuate the principles set forth in section 143 of this act.
7. Reciprocity means that this state and another state, as to vehicles registered in each other, extend substantial or complete freedom from payment of fees with respect to vehicles registered in the other state.
8. State includes the states of the United States, the District of Columbia, the territories of the United States, the states, territories and federal district of Mexico, and the provinces of Canada.
9. Vehicle includes every vehicle of a type required to be registered under the laws of this state.
Sec. 140. The legislature declares that in adopting sections 138 to 150, inclusive, of this act, it adheres to the principle that each state should have the freedom to develop the kind of highway user tax structure that it determines to be most appropriate to itself, and that the method of taxation of interstate vehicles should not be a determining factor in developing its user tax structure.
Sec. 141. Sections 138 to 150, inclusive, of this act, shall be so interpreted and construed as to effectuate their general purpose to make uniform the laws of those states which enact them or any law comparable to them.
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interpreted and construed as to effectuate their general purpose to make uniform the laws of those states which enact them or any law comparable to them.
Sec. 142. In carrying out sections 138 to 150, inclusive, of this act, each department shall have power to make rules and regulations.
Sec. 143. In carrying out sections 138 to 150, inclusive, of this act, each department of this state shall have authority to enter into agreements with the departments or appropriate agencies of this or any other state to provide for any or all of the following:
1. For the exemption from the plan of certain classes of vehicles either on the basis of type, extent or frequency of operations and, when also deemed advisable, for their total or partial exemption from registration fees or taxes or both upon the conditions set forth in the agreement, all as found to be in the interest of this state, the facilitating of this plan, or of the facilitating of the operation of vehicles between this and the other contracting state.
2. For the reports and records required pursuant to sections 138 to 150, inclusive, of this act, or any rules and regulations made pursuant thereto to be uniform with the reports and records required by the other contracting state, but this shall not prevent any department from requiring additional information from any operator subject to sections 138 to 150, inclusive, of this act.
3. For the joint audit of the reports and records of any operator subject to sections 138 to 150, inclusive, of this act, and, notwithstanding any other provision of law, the reports and records of any such operator and the department may be disclosed to the extent necessary for this purpose.
4. For the use of a plate, license, emblem, certificate or other device of this or any other state, for the identification, either or both, of vehicles subject to the plan or of vehicles not so subject, which may or may not be uniform, such device if issued in another state to the extent provided in the agreement to have the same effect in this state as if it were issued in this state.
5. For putting the plan into effect between this and any other state and for implementing the plan between this and any other state.
Sec. 144. All fees shall be paid pursuant to sections 138 to 150, inclusive, of this act, upon or for vehicles subject to the fees, except if the vehicle is entitled to operate in this state with or without payment of fees pursuant to an agreement made in conformity with subsection 1 of section 143 of this act.
Sec. 145. Each fee required to be paid by sections 138 to 150, inclusive, of this act shall by payable to the same department as if sections 138 to 150, inclusive, of this act had not been adopted, except that the department of motor vehicles is hereby authorized to accept the registration fees for vehicles registering under the plan and issue such identification devices as are provided for in subsection 4 of section 143 of this act.
Sec. 146. 1. Each operator shall qualify to operate under sections 138 to 150, inclusive, of this act by filing an application for that purpose with the department of motor vehicles prior to the time any fee becomes delinquent.
2. The application shall:
(a) Show the total mileage of vehicles operated by such person in all