[Rev. 2/28/2019 11:36:46 AM]
κ1971 Statutes of Nevada, Page 1201 (CHAPTER 567, SB 275)κ
pollution control program if such program is approved as adequate by the commission.
2. A district, county or city which has an air pollution control program in operation on the effective date of this act may continue its program if within 1 year after the effective date of this act the program is approved as adequate by the commission. Such approval shall be deemed granted unless the commission specifically disapproves the program after a public hearing. Nothing in sections 2 to 40, inclusive, of this act is to be construed as invalidating any rule, regulation, enforcement action, variance, permit, cease and desist order, compliance schedule, or any other legal action taken by any existing air pollution control authority pursuant to existing NRS 445.400 to 445.595, inclusive, on or before the effective date of this act unless it is specifically repealed, superseded or disapproved, pursuant to section 14 of this act.
Sec. 34. 1. If the control officer finds that either a generalized condition of air pollution or the operation of one or more particular sources of air contaminant is causing imminent danger to human health or safety, he may order the person or persons causing or contributing to the air pollution to reduce or discontinue immediately the emission of air contaminants.
2. The order shall fix a time, not later than 24 hours after the time when the order becomes effective, and place for a hearing before the hearing board. Within 24 hours after completion of the hearing, the hearing board shall affirm, modify or set aside the order of the control officer. The decision of the hearing board shall be subject to appeal as provided in section 38 of this act.
3. This section does not limit any power of any other state officer to declare an emergency and to act on the basis of such declaration.
4. If the local ordinance so provides, a local control officer may exercise the power conferred by subsection 1 within the territorial jurisdiction of the local government. If he does so, his order shall expire by limitation 24 hours after it takes effect, unless sooner affirmed, modified or set aside by the board.
Sec. 35. 1. As used in this section, confidential information means information or records which:
(a) Relate to quantities or dollar amounts of production or sales;
(b) Relate to processes or production unique to the owner or operator; or
(c) If disclosed, would tend to affect adversely the competitive position of the owner or operator.
2. Any information received by the commission, any hearing board, any control officer or any local control authority which is certified to the recipient as confidential by the owner or operator disclosing the information shall, unless the owner expressly agrees to its publication or availability to the public, be used only:
(a) In the administration or formulation of air pollution controls; or
(b) In compiling or publishing analyses or summaries relating to the condition of the outdoor atmosphere which do not identify any owner or operator or reveal any confidential information; or
(c) In complying with federal statutes, rules and regulations.
3. This section does not prohibit the use of confidential information in prosecution for the violation of any air pollution control statute, ordinance or regulation.
κ1971 Statutes of Nevada, Page 1202 (CHAPTER 567, SB 275)κ
prosecution for the violation of any air pollution control statute, ordinance or regulation.
4. A person who discloses or knowingly uses confidential information in violation of this section is guilty of a misdemeanor, and shall be liable in tort for any damages which may result from such disclosure or use.
Sec. 36. 1. It is a condition of the issuance of any operating permit or any registration required by the commission or pursuant to any local air pollution control ordinance that the registrant or holder of the operating permit agrees to permit inspection of the premises to which the permit or registration relates by the control officer at any time during the registrants or holders hours of operation without prior notice. This condition shall be stated on each registration or application form and operating permit.
2. If a source of air contaminant exists or is constructed without registration or is operated without an operating permit, the control officer may inspect it at any reasonable time, and may enter any premises to search for such a source. If entry is refused, or prior to attempting to enter, the control officer may apply to any magistrate for a search warrant. The magistrate shall issue the warrant if he believes from the supporting affidavit or affidavits that there is probable cause to believe that a source of air contaminant exists or is being constructed or operated on the premises to be searched.
Sec. 37. 1. All governmental sources of air contaminants shall comply with all local and state air pollution laws, regulations and ordinances.
2. All planning commissions, zoning boards of adjustment, and governing bodies of unincorporated towns, incorporated cities and counties shall in the performance of their duties imposed by chapter 278 of NRS or other statutes relating to planning and zoning consider the effects of possible air pollution in the granting of variances, approval of subdivision plats and maps and other required actions.
Sec. 38. 1. All decisions of the commission relating to standards, rules and regulations adopted pursuant to sections 2 to 40, inclusive, of this act, are subject to judicial review.
2. Judicial review of all decisions of the commission relating to violations of any provision of sections 2 to 40, inclusive, of this act shall involve a trial de novo.
3. Judicial review of all decisions of the hearing board under section 34 of this act shall involve a trial de novo.
Sec. 39. Nothing in sections 2 to 38, inclusive, of this act shall be construed to abridge, limit, impair, create, enlarge or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding therefor in the courts of this state or the courts of the United States on a tort claim against the United States or a federal agency as authorized by federal statutes.
Sec. 40. 1. Any person who violates any provision of sections 2 to 28, inclusive, and sections 29 to 40, inclusive, of this act, or any rule or regulation in force pursuant thereto, other than section 35 on confidential information, is guilty of a civil offense and shall pay an administrative fine levied by the commission of not more than $5,000.
κ1971 Statutes of Nevada, Page 1203 (CHAPTER 567, SB 275)κ
levied by the commission of not more than $5,000. Each day of violation constitutes a separate offense.
2. The commission shall by regulation establish a schedule of administrative fines not exceeding $500 for lesser violations of any provision of sections 2 to 28, inclusive, and sections 29 to 40, inclusive, of this act, or any rule or regulation in force pursuant thereto. In imposing a fine, the commission shall take into consideration all circumstances of the violation.
3. Action pursuant to subsection 1 or 2 shall not be a bar to enforcement of the provisions of sections 2 to 28, inclusive, and sections 29 to 40, inclusive, of this act, rules and regulations in force pursuant thereto, and orders made pursuant to sections 2 to 28, inclusive, and sections 29 to 40, inclusive, of this act by injunction or other appropriate remedy, and the commission has power to institute and maintain in the name of the State of Nevada any and all such enforcement proceedings.
4. All administrative fines collected by the commission pursuant to this section shall be deposited in the general fund of the county where the violation occurred.
5. Any person aggrieved by an order issued pursuant to this section is entitled to review as provided in section 38 of this act.
Sec. 41. Chapter 484 of NRS is hereby amended by adding thereto the provisions set forth as sections 42 and 43 of this act.
Sec. 42. No person shall operate or leave standing on any highway any motor vehicle which is required by federal regulation to be equipped with a motor vehicle pollution control device unless such device is correctly installed and in operating condition. No person shall disconnect, alter or modify any such required device. The provisions of this section shall not apply to an alteration of modification found by the state board of environmental protection not to reduce the effectiveness of any required motor vehicle pollution control device.
Sec. 43. Violation of the provisions of section 42 of this act is a misdemeanor. Whenever any motor vehicle is found by any peace officer to be in violation of the provision of section 42 of this act, and a notice to appear or citation is issued, it may require that the person named therein shall produce in court proof that such vehicle or its equipment has been made to conform to the provision of section 42 of this act.
Sec. 44. NRS 445.400, 445.405, 445.410, 445.415, 445.420, 445.425, 445.430, 445.435, 445.440, 445.445, 445.450, 445.455, 445.460, 445.465, 445.475, 445.480, 445.485, 445.490, 445.495, 445.500, 445.505, 445.510, 445.515, 445.520, 445.525, 445.530, 445.535, 445.540, 445.545, 445.550, 445.555, 445.560, 445.565, 445.570, 445.575, 445. 580, 445.585, 445.590, and 445.595 are hereby repealed.
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κ1971 Statutes of Nevada, Page 1204κ
Senate Bill No. 458Committee on Labor
CHAPTER 568
AN ACT relating to unemployment compensation benefits; increasing weekly benefit amounts; providing that no augmentation for dependents shall be paid after a certain date; and providing other matters properly relating thereto.
[Approved April 26, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.340 is hereby amended to read as follows:
612.340 1. [An individuals weekly benefit amount for any benefit year commencing on or after April 30, 1967, and prior to April 27, 1969, shall be an amount equal to one twenty-fifth of his total wages for employment by employers during the quarter of his base period in which such total wages were highest, but not more than $43 per week, nor less than $16 per week, and if not a multiple of $1 shall be computed to the next higher multiple of $1.
2.] An individuals basic weekly benefit amount for any benefit year commencing on or after April 27, 1969 [,] and prior to July 4, 1971, shall be an amount equal to one twenty-fifth of his total wages for employment by employers during the quarter of his base period in which such total wages were highest but not more than $47 per week, nor less than $16 per week, and if not a multiple of $1 shall be computed to the next higher multiple of $1.
2. An individuals weekly benefit amount, for any benefit year commencing on or after July 4, 1971, shall be an amount equal to one twenty-fifth of his total wages for employment by employers during the quarter of his base period in which such total wages were highest, but not less than $16 per week, nor more than the maximum weekly benefit amount determined as follows: On or before the 1st day of July of each year commencing with 1971, the total wages reported for the preceding calendar year by employers subject to the provisions of this chapter shall be divided by the average of the 12 mid-month totals of all workers in employment for employers as reported in such year. The average annual wage thus obtained shall be divided by 52 and the average weekly wage thus determined shall be rounded to the nearest cent. Fifty percent of such average weekly wage, rounded to the nearest higher multiple of $1, if not a multiple of $1, shall constitute the maximum weekly benefit amount.
3. Such maximum weekly benefit amount as determined on or before July 1 of each year shall be paid to individuals whose benefit year commences on or after July 1 of such year and prior to July 1 of the following year.
Sec. 2. NRS 612.345 is hereby amended to read as follows:
612.345 1. [Each] With respect to benefit years commencing prior to July 4, 1971, each eligible individual who is unemployed in any week shall have his basic weekly benefit amount augmented with respect to such week by $5 if he has one dependent, and by $5 for each additional dependent, provided that the eligible individuals basic weekly benefit amount shall not be augmented by more than $20 in any case, nor shall the augmented weekly benefit amount exceed $67 or 6 percent of an individuals total wages for employment by employers during that quarter of his base period in which such total wages were highest, whichever is the lesser.
κ1971 Statutes of Nevada, Page 1205 (CHAPTER 568, SB 458)κ
the augmented weekly benefit amount exceed $67 or 6 percent of an individuals total wages for employment by employers during that quarter of his base period in which such total wages were highest, whichever is the lesser.
2. If the augmented weekly benefit amount is not a multiple of $1, it shall be computed to the next higher multiple of $1.
3. The basic weekly benefit amount payable to an individual or his wife may not be augmented if both husband and wife living in the same household are being simultaneously paid benefits under the provisions of this chapter or any other state or federal unemployment compensation law.
4. No augmentation for dependents shall be paid to any individual with respect to weeks of unemployment occurring within a benefit year that commences on or after July 4, 1971.
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 198Senator Pozzi
CHAPTER 569
AN ACT relating to state purchasing act; deleting bid priorities and disposal procedures for surplus personal property of the department of highways; establishing priorities for disposal of certain other surplus personal property of the state; and providing other matters properly relating thereto.
[Approved April 26, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 333.220 is hereby amended to read as follows:
333.220 1. The chief shall:
(a) Provide for classification of the fixed properties and movable equipment of the state in the possession of the using agencies.
(b) Establish or cause to be established an adequate identification scheme for all such property and equipment.
(c) Cause adequate records of such equipment and property to be maintained.
2. The chief shall have authority to transfer tools, implements, machinery or other equipment in the possession of any using agency, when such equipment is not necessary for the use of such agency, to such other agency or agencies as may have need therefor.
3. The records of property and equipment of the state shall be maintained at all times to show the officers entrusted with the custody thereof and transfers of property between such officers. Each using agency shall maintain current inventory records. Each using agency shall conduct an annual physical count of all property and equipment charged to it and shall reconcile the results of the annual physical county with the inventory records maintained by it.
κ1971 Statutes of Nevada, Page 1206 (CHAPTER 569, SB 198)κ
4. The rules of the chief shall prescribe the procedure by which supplies, materials and equipment may be condemned and disposed of, by sale or otherwise, when of no further use to the state. [Such] Except as provided in subsection 5, such rules shall provide that no such property shall be sold otherwise than to the highest bidder after every effort has been made to secure at least three competitive bids and that no condemned property of an appraised value over $500 shall be sold except through notice published in a newspaper circulated in the area in which the sale is made.
5. Before accepting other bids, the chief shall offer used highway patrol vehicles to the office of the sheriff of each county and to police departments of each city in the state and shall sell such vehicle to the highest bidder, if any, from such offices or departments. Bids and acceptance thereof shall be made in accordance with rules established by the chief.
Sec. 2. NRS 333.466 is hereby amended to read as follows:
333.466 1. Upon the opening of bids, the chief shall accept the highest bid for each item or lot of items submitted by any county [which conforms to the requirements of NRS 333.464.
2. If no bid conforming to the requirements of NRS 333.464 is received from any county, the chief shall accept the highest conforming bid for each item or lot of items submitted by any incorporated city.
3. If no bid conforming to the requirements of NRS 333.464 is received from any incorporated city, the chief shall accept the highest conforming bid for each item or lot of items submitted by any volunteer fire department.
4. If no bid conforming to the requirements of NRS 333.464 is received from any volunteer fire department, the chief shall accept the highest conforming bid for each item or lot of items submitted by any Indian tribe in this state organized under the Indian Reorganization Act (25 U.S.C. § 461 et seq.).
5. If no bid conforming to the requirements of NRS 333.464 is received, the chief may dispose of any such items or lot of items in such other manner as is authorized by law.] , incorporated city, unincorporated town, volunteer fire department, or any such Indian tribe, if such bid conforms to the requirements of NRS 333.464.
2. If no bid conforming to the requirements of NRS 333.464 is received from any county, incorporated city or volunteer fire department, the chief shall transfer to the Indian affairs commission so much or such part of the surplus tools, implements, machinery and other equipment of a total value not to exceed $10,000 in any fiscal year as the executive director of the commission has requested for distribution to such Indian tribes, at no cost to such tribes, provided:
(a) The executive director shall base his request on the needs of the Nevada Indian tribes as established by the tribal chairman of each tribe.
(b) The proceeds from any subsequent sale of any surplus tools, implements, machinery or other equipment, transferred to such Indian tribes pursuant to this section, shall be paid into the highway fund in the state treasury.
κ1971 Statutes of Nevada, Page 1207 (CHAPTER 569, SB 198)κ
3. The chief may dispose of the surplus personal property not claimed pursuant to subsection 2 in such other manner as is provided by law.
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Senate Bill No. 640Senator Swobe
CHAPTER 570
AN ACT relating to planning and zoning; permitting a governing body to disapprove a tentative map; and providing other matters properly relating thereto.
[Approved April 26, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 278.330 is hereby amended to read as follows:
278.330 1. The initial action in connection with the making of any subdivision shall be the preparation of a tentative map or maps which shall show, or be accompanied by, such data as are specified by the provisions of NRS 278.010 to 278.630, inclusive.
2. The subdivider shall file copies of such map or maps with the planning commission, or with the clerk of the governing body if there be no planning commission.
3. If there is no planning commission, the clerk of the governing body shall submit the tentative map to the governing body at its next regular meeting. The governing body shall act thereon within 40 days after such submittal.
4. If there is a planning commission, it shall report to the subdivider and to the governing body on the map or maps of any subdivision submitted to it within 30 days after the tentative map has been filed; and the report shall approve, conditionally approve, or disapprove the map or maps of the subdivision. If conditionally approved or disapproved, the report shall state the conditions under which the map would have been approved.
5. If the subdivider is dissatisfied with any action of the planning commission, he may, within 15 days after such action, appeal from the action of the planning commission to the governing body which must hear the same, unless the subdivider consents to a continuance, within 10 days or at its next succeeding regular meeting. The governing body may by a majority vote of its members overrule any ruling of the planning commission in regard to the tentative map, and make such findings as are not inconsistent with the provisions of NRS 278.010 to 278.630, inclusive, or local ordinance adopted pursuant thereto.
6. No provision of this chapter shall be construed to prevent a governing body from disapproving a tentative map if such disapproval is in the best interests of the public health, safety or welfare, and such disapproval is by unanimous vote and made within the time limit provided in subsection 3.
________
κ1971 Statutes of Nevada, Page 1208κ
Senate Bill No. 638Senators Fransway and Titlow
CHAPTER 571
AN ACT relating to the Nevada highway patrol; authorizing the employment of additional support personnel; and providing other matters properly relating thereto.
[Approved April 26, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 481.140 is hereby amended to read as follows:
481.140 1. The Nevada highway patrol shall be composed of the following personnel appointed by the director of the department of motor vehicles:
1. One director.
2. Two inspectors.
3. [Not more than 104 additional personnel, of which 78 shall be patrolmen.] Seventy-eight patrolmen.
4. Such additional support personnel as may be necessary, employed under the provisions of chapter 284 of NRS and within the limits of legislative appropriations therefor.
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Assembly Bill No. 63Messrs. Dini and Getto
CHAPTER 572
AN ACT relating to public utilities; amending the definition of public utility; expanding the jurisdiction of the public service commission of Nevada over water and sewer systems; defining powers and duties of boards of county commissioners and other governing bodies; and providing other matters properly relating thereto.
[Approved April 26, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 704.030 is hereby amended to read as follows:
704.030 Public utility, as used in this chapter, shall not include:
1. Corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers (appointed by any court whatsoever) insofar as they own, control, operate or manage motor vehicles operated as hearses, ambulances or hotel buses engaged in the transportation of persons for hire exclusively within the limits of a city of the State of Nevada.
2. Corporations, companies, individuals or associations of individuals engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission thereof other than as a common carrier transmission or distribution line or system.
3. Corporations, cooperatives, nonprofit corporations or associations, companies, individuals, associations of individuals, their lessees, trustees or receivers appointed by any court whatsoever, engaged in the business of furnishing, for compensation, water or sewer [service] services, or water and sewer services, to persons within this state if:
κ1971 Statutes of Nevada, Page 1209 (CHAPTER 572, AB 63)κ
of furnishing, for compensation, water or sewer [service] services, or water and sewer services, to persons within this state if:
(a) They serve 25 persons or less; or
(b) Their gross sales [amounted to $15,000] for water or sewer services, or water and sewer services, amounted to $11,000 or less during the immediately preceding [calendar year.] 12 months; and
(c) They do not own or control any other such business entity furnishing water or sewer service or water and sewer service within this state.
4. Any common motor carrier, contract motor carrier of passengers or property, or private motor carrier subject to the provisions of chapter 706 of NRS.
5. Corporations or persons not normally engaged in water production and sales and which sell or furnish water as an accommodation in an area where water is not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water, for compensation, to persons within the political subdivision.
Nothing contained in this section shall prohibit any commissioner or commission personnel authorized by the commission from examining at any time during regular business hours the books, accounts, records, minutes and papers of any corporation, cooperative, nonprofit corporation, or association, company, individual or association or individuals, referred to in subsection 3, or their lessees, trustees or receivers, to determine whether or not an exemption is in order under the provisions of subsection 3.
Sec. 2. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. The commission shall be furnished a copy of each application to any city, town, county or any planning commission for new subdivisions or other land development projects which require a water supply or connection with a sewer system. Filing of each application with the commission shall be made within 48 hours of the filing with the appropriate city, town or county level of government. The commission shall thereupon review such application and conduct an investigation, if deemed necessary, to determine the continuity and adequacy of subject water supply or sewer service. Final approval of applications by any such local governmental entity shall not be granted unless and until approval in writing has been given by the commission.
2. The commission shall collect a fee not to exceed $200, which fee shall be used to defray the cost of conducting any investigation under the provisions of subsection 1.
3. The provisions of subsections 1 and 2 shall not apply in any case where:
(a) The person to furnish the water supply or sewer service has already been granted a certificate of public convenience and necessity by the commission to serve the area described in the application.
(b) Any county, municipality or other form of local government, including but not limited to districts formed under the provisions of chapter 318 of NRS, will furnish the water supply or sewer service to the area described in the application.
Sec. 4. The board of county commissioners of any county may regulate by ordinance any person or firm furnishing water for compensation to persons within such county except those persons or firms regulated by the commission, the service furnished to its residents by a political subdivision, and services furnished to its members by a nonprofit association in which the rights and interests of all its members are equal.
κ1971 Statutes of Nevada, Page 1210 (CHAPTER 572, AB 63)κ
to persons within such county except those persons or firms regulated by the commission, the service furnished to its residents by a political subdivision, and services furnished to its members by a nonprofit association in which the rights and interests of all its members are equal.
Sec. 5. This act shall become effective at 12:01 a.m. on July 1, 1971.
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Senate Bill No. 579Committee on Federal, State and Local Governments
CHAPTER 573
AN ACT incorporating the City of North Las Vegas, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto.
[Approved April 26, 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 North Las Vegas is as follows. Each section of the charter shall be deemed to be a section of this act for the purpose of any subsequent amendment.
ARTICLE I
Incorporation of City; General Powers; Boundaries;
Annexations; City Offices
Section 1.010 Preamble: Legislative intent.
1. In order to provide for the orderly government of the City of North Las Vegas and the general welfare of its citizens the legislature hereby establishes this charter for the government of the City of North Las Vegas. It is expressly declared as the intent of the legislature that all provisions of this charter be liberally construed to carry out the express purposes of the charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out the purposes of the charter.
2. Any powers expressly granted by this charter are in addition to any powers granted to a city by the general law of this state. All provisions of Nevada Revised Statutes which are applicable generally to cities (not including, unless otherwise expressly mentioned in this charter, chapter 265, 266 or 267 of NRS) which are not in conflict with the provisions of this charter apply to the City of North Las Vegas.
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 North Las Vegas and by that name they and their successors shall be known in law, have perpetual succession and may sue and be sued in all courts.
κ1971 Statutes of Nevada, Page 1211 (CHAPTER 573, SB 579)κ
2. Whenever used throughout this charter, city means the City of North Las Vegas.
Sec. 1.030 Description of territory. The territory embraced in the city is that certain land described in the official plat required by NRS 234.250 to be filed with the county recorder and county assessor of Clark County, as such plat is amended from time to time.
Sec. 1.040 Annexations. The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to counties having a population of 200,000 or more.
Sec. 1.050 Elective offices.
1. The elective officers of the city consist of:
(a) A mayor.
(b) Four councilmen.
(c) One municipal judge.
2. Such officers shall be elected as provided by this charter.
Sec. 1.060 Elective offices: Vacancies.
1. A vacancy in the city council or in the office of mayor or municipal judge shall be filled by a majority vote of the members of the city council, or the remaining members in the case of a vacancy in the city council, within 30 days after the occurrence of such vacancy. The appointee shall have the same qualifications as are required of the elective official.
2. No such appointment shall extend beyond the 1st Monday in July after the next municipal election, at which election the office shall be filled 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 Clark County or the city, except as provided by law or as a member of a board or commission for which no compensation is received.
(b) Be elected or appointed to any office created by or the compensation for which was increased or fixed by the city council 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 Appointment of officers; city managers direction.
1. All officers, not elected or covered under the civil service system, shall be appointed by the city manager subject to ratifications by the city council.
2. All departments, offices and agencies under the direction and supervision of the city manager shall be administered by an officer subject to the direction and supervision of the city manager. With the consent of the city council, the city manager may serve as the head of two or more departments, offices or agencies or may appoint one person to be head of two or more departments, offices or agencies.
3. All appointive officers of the city shall receive such salary as may be designated by the city council.
4. The city council may require from all other officers and employees of the city constituted or appointed under this charter, except councilmen, sufficient security for the faithful and honest performance of their respective duties.
κ1971 Statutes of Nevada, Page 1212 (CHAPTER 573, SB 579)κ
Sec. 1.090 Oath of office. Every person elected or appointed to fill any office shall subscribe to the official oath as provided by the city council. Every such person shall swear or affirm that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government.
ARTICLE II
Legislative Department
Sec. 2.010 City council: Qualifications; election; term of office; salary.
1. The legislative power of the city is vested in a city council consisting of four councilmen and a mayor.
2. The mayor and councilmen shall be:
(a) Bona fide residents of the city for at least 2 years prior to their election.
(b) Registered voters within the city for at least 2 years prior to their election.
(c) Taxpayers on real property located within the city for at least 2 years prior to their election.
(d) At least 25 years of age.
(e) Citizens of the United States.
3. At the time of filing, if so required by an ordinance duly enacted, candidates for the office of mayor and councilman shall produce evidence in satisfaction of any or all of the qualifications provided in subsection 2.
4. All councilmen, including the mayor, shall be voted upon by the registered voters of the city at large and shall serve for terms of 4 years.
5. The mayor and councilmen shall receive a salary in an amount fixed by the city council.
Sec. 2.015 Mayor: Duties; mayor pro tempore.
1. The mayor shall:
(a) Serve as a member of the city council and preside over its meetings.
(b) Have no administrative duties.
(c) Be recognized as the head of the city government for all ceremonial purposes.
(d) Perform such other duties, except administrative duties, as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized under the provisions of a special charter.
2. The city council shall elect one of its members to be mayor pro tempore. Such person shall:
(a) Hold such office and title, without additional compensation, for a term of 1 year.
(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. 2.020 City council: Contracts. Members of the city council may vote on any lease, contract or other agreement which extends beyond their terms of office.
κ1971 Statutes of Nevada, Page 1213 (CHAPTER 573, SB 579)κ
Sec. 2.030 City council: Discipline of members. The city council may provide for the punishment of any member for disorderly conduct committed in its presence.
Sec. 2.035 City council: Discipline and subpena power.
1. The city council may order the attendance of witnesses and the production of all papers relating to any business before the city council.
2. If any person ordered to appear before the city council fails to obey such order:
(a) The city council or any member thereof may apply to the clerk of the district court for a subpena commanding the attendance of the person before the city council.
(b) Such clerk may issue the subpena, and any peace officer may serve it.
(c) If the person upon whom the subpena is served fails to obey it, the court may issue an order to show cause why such person should not be held in contempt of court and upon hearing of the matter may adjudge such person guilty of contempt and punish him accordingly.
Sec. 2.040 Meetings: Quorum.
1. The city council 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 city council constitutes a quorum to do business, but a lesser number may meet and recess from time to time.
3. Except as otherwise provided by law, all sessions and all proceedings of the city council shall be public.
Sec. 2.050 Meetings: Special.
1. Special meetings may be held on call of the mayor or by a majority of the city council.
2. At a special meeting, unless consented to by the entire city council:
(a) No contract involving the expenditure of money, except emergency purchases, may be made or claim allowed unless notice of the meeting called to consider such action is published in a newspaper of general circulation within the city at least 1 day before such meeting.
(b) No business may be transacted except such as has been stated in the call of the meeting.
(c) No ordinance may be passed except an emergency ordinance, or one specified in section 7.040.
Sec. 2.060 Meetings: Time and place; rules. The city council may:
1. Fix the time and place of its meetings and judge the qualifications and election of its own members.
2. Adopt rules for the government of its members and proceedings.
Sec. 2.070 Oaths and affirmations. The mayor, each councilman, the city clerk and the municipal court clerk or other officers designated by the city council may administer oaths and affirmations relating to any business pertaining to the city.
Sec. 2.080 Powers of city council: Ordinances, resolutions and orders.
1. The city council may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this charter, necessary for the municipal government and the management of the affairs of the city, and for the execution of all the powers vested in the city.
κ1971 Statutes of Nevada, Page 1214 (CHAPTER 573, SB 579)κ
this charter, necessary for the municipal government and the management of the affairs of the city, and for the execution of all the powers vested in the city.
2. When power is conferred upon the city council to do and perform anything, and the manner of exercising such power is not specifically provided for, the city council may provide by ordinance the manner and details necessary for the full exercise of such power.
3. The city council may enforce ordinances by providing penalties not to exceed those established by the legislature for misdemeanors.
4. The city council shall have such powers, not in conflict with the express or implied provisions of this charter, as are conferred generally by statute upon the governing bodies of cities organized under a special charter.
5. The city council shall not pass any ordinance increasing or diminishing the salary of any elective officer during the term for which he is elected or appointed.
Sec. 2.090 Ordinances: Amendments; subject matter; title requirements.
1. No ordinance may be passed except by a majority vote of the whole city council. The style of all ordinances shall be as follows: The City Council of the City of North Las Vegas 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 or repeals an existing ordinance shall state the ordinance or sections thereof to be amended or repealed.
Sec. 2.100 Ordinances: Enactment procedure; emergency ordinances.
1. All proposed ordinances when first proposed shall be read to the city council by title, after which an adequate number of copies of the proposed ordinance shall be filed with the city clerk for public distribution. Except as otherwise provided in subsection 3, notice of such filing shall be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city at least 1 week prior to the adoption of the ordinance.
2. At the next regular meeting or adjourned meeting of the city council following the proposal of an ordinance, it shall be read by title as first introduced, any amendment shall be proposed and voted upon and thereupon the proposed ordinance, with any adopted amendments, shall be finally voted upon or action thereon postponed.
3. In cases of emergency or where the ordinance is of a kind specified in section 7.040, by unanimous consent a special meeting may be called for the purpose of taking final action, and by a majority vote of the city council final action may be taken immediately and no notice of the filing of the copies of the proposed ordinance with the city clerk need be published. It shall become effective immediately upon passage.
4. All ordinances shall be signed by the mayor, attested by the city clerk, and shall be published in the city, once, by title, together with the names of the councilmen voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, before the ordinance, except an emergency ordinance, shall become effective.
κ1971 Statutes of Nevada, Page 1215 (CHAPTER 573, SB 579)κ
from time to time, before the ordinance, except an emergency ordinance, shall become effective. The city council may, by a majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall maintain a record of all ordinances, together with the affidavits of publication by the publisher, until disposed of in accordance with law.
Sec. 2.110 Codification of ordinances; publication of code.
1. The city council may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this carter and such additional data as the city council may prescribe. When such code is published, two copies shall be filed with the librarian at the Nevada state library, and thereafter the code shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city. Two copies shall also be filed with the city clerk and with the librarian of the North Las Vegas municipal library.
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 North Las Vegas.
4. The codification may be amended or extended by ordinance.
Sec. 2.120 Powers of city council: Public property, buildings.
1. The city council may:
(a) Control the property of the corporation.
(b) Erect and maintain all buildings necessary for the use of the city.
(c) Purchase, receive, hold, sell, lease, convey and dispose of property, wherever situated, for the benefit of the city, improve and protect such property, and do all other things in relation thereto which natural persons might do.
2. The city council may not, except as otherwise specifically provided by this charter or any other law, mortgage, hypothecate or pledge any property of the city for any purpose.
Sec. 2.130 Powers of city council: Eminent domain. The city council may condemn property for the public use in the manner prescribed by chapter 37 of NRS, as amended from time to time.
Sec. 2.140 Powers of city council: Licensing, regulation and prohibition of businesses, trades and professions.
1. The city council may:
(a) Regulate all businesses, trades and professions.
(b) Fix, impose and collect a license fee for revenue upon all businesses, trades and professions.
2. The city council may establish any equitable standard to be used in fixing license fees required to be collected pursuant to this section.
Sec. 2.150 Powers of city council: Police ordinances.
1. The city council may enact and enforce such local police ordinances as are not in conflict with the general laws of the State of Nevada.
κ1971 Statutes of Nevada, Page 1216 (CHAPTER 573, SB 579)κ
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. 2.160 Powers of city council: Fire protection; regulation of explosives, flammable materials; fire codes and regulations. The city council may:
1. Organize, regulate and maintain a fire department.
2. Regulate or prohibit the storage of any explosive, combustible or flammable material in or transported through the city, and prescribe the distance from any residential or commercial area where it may be kept.
3. Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.
Sec. 2.170 Powers of city council: Public health; board of health; regulations. The city council may:
1. Provide for safeguarding public health in the city.
2. Create a board of health and prescribe the powers and duties of such board.
3. Provide for the enforcement of all regulations and quarantines established by the board of health by imposing adequate penalties for violations thereof.
Sec. 2.180 Powers of city council: Buildings; construction and maintenance regulations; building, plumbing, electrical, mechanical, housing, sign and safety codes. The city council may:
1. Regulate all matters relating to the construction, maintenance, use, occupancy and safety of buildings, structures and property within the city.
2. Adopt any building, plumbing, electrical, mechanical, housing, sign or safety code necessary to carry out the provisions of this section and establish such fees and penalties as may be necessary.
Sec. 2.190 Powers of city council: Planning and zoning.
1. The city council may by ordinance:
(a) Establish an official map of the city, on which shall be shown and indicated:
(1) All public streets existing and established by law at the time of the establishment of the official map.
(2) All planned streets or street lines as located on plats adopted by the council in accordance with the provisions of chapter 278 of NRS at the time of the establishment of the map.
(3) All streets or street lines as located on final or recorded plats of subdivisions approved by the council at the time of the establishment of the map. The placing of any street or street lines upon the official map shall not, in and of itself, constitute or be deemed to constitute the opening or establishment of any street nor the taking or acceptance of any land for street purposes. The council may in the same manner place upon the official map the location of existing or planned parks or other public open spaces.
(b) Provide that no permit shall be issued for any building or structure of any part thereof on any land located between the mapped lines of a street as shown on the official map.
κ1971 Statutes of Nevada, Page 1217 (CHAPTER 573, SB 579)κ
Thereafter, all street locations on final or recorded plats of subdivisions or plats adopted by council under the provisions of chapter 278 of NRS, as amended from time to time, shall be deemed additions to or modifications of the official map and shall be placed thereon. The council may by ordinance make, from time to time, other additions to or modifications of the official map by placing thereon the location of proposed streets, street extensions, widenings, narrowings or vacations. Any such proposed addition to or modification of the official map shall be referred to the city planning commission for its approval, but if the planning commission disapproves or fails to act within 30 days, the council by a majority vote of its members may overrule such disapproval.
2. The city council shall carry out the provisions of chapter 278 of NRS, as amended from time to time.
Sec. 2.200 Powers of city council: Rights-of-way, parks, public buildings and grounds and other public places. The city council may:
1. Layout, maintain, alter, control, improve or vacate all public rights-of-way in the city.
2. Acquire and 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.
Sec. 2.210 Powers of city council: Traffic control. The city council may, by ordinance, regulate:
1. All vehicular, pedestrian and other traffic within the city and provide generally for the public safety on public streets and rights-of-way.
2. The length of time for which vehicles may be parked upon the public streets and parking facilities.
Sec. 2.220 Powers of city council: Parking meters; off-street public parking facilities.
1. The city council may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters shall be fixed by the city council.
2. Except as otherwise provided by this charter, the city council may acquire property within the city by any lawful means, including eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The city council may authorize the issuance of general obligation revenue bonds or revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as are permitted by the provisions of section 7.040. 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.
κ1971 Statutes of Nevada, Page 1218 (CHAPTER 573, SB 579)κ
Sec. 2.230 Powers of city council: Public transportation. The city council may:
1. License, regulate or prohibit the location, construction or installation of public transportation facilities in any public right-of-way.
2. Grant franchises to any person or corporation to operate public transportation facilities upon public rights-of-way and adjacent property.
3. Declare a nuisance and require the removal of the public transportation facilities in any public right-of-way.
4. Condemn rights-of-way for any public purpose across any public transportation facility.
5. Prescribe the length of time any public right-of-way may be obstructed by public transportation facilities operating thereon.
Sec. 2.240 Powers of city council: Nuisances. The city council may:
1. Determine by ordinance what shall be deemed nuisances.
2. Provide for the abatement, prevention and removal of such nuisances at the expense of the person creating, causing or committing such nuisances.
3. Provide that such expense of removal shall be a lien upon the property upon which the nuisance is located. Such lien shall:
(a) Be perfected by filing with the county recorder a statement by the city clerk of the amount of expenses due and unpaid and describing the property subject to the lien.
(b) Be coequal with the latest lien thereon to secure the payment of general taxes.
(c) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(d) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
4. Provide any other penalty or punishment of persons responsible for such nuisances.
Sec. 2.250 Powers of city council: Animals and poultry. The city council may:
1. Fix, impose and collect an annual fee on all animals and provide for the capture and disposal of all animals on which the fee is not paid.
2. Regulate or prohibit the running at large and disposal of all kinds of animals and poultry.
3. Establish a pound.
4. Prohibit cruelty to animals.
Sec. 2.260 Powers of city council: Abatement of noxious insects, rats and disease-bearing organisms. The city council may take all steps necessary and proper for the extermination of noxious insects, rats and other disease-bearing organisms, either in the city or in territory outside the city but so situated that such insects, rats and disease-bearing organisms migrate or are carried into the city.
Sec. 2.270 Powers of city council: Sanitary sewer facilities. The city council may:
1. Provide for a sanitary sewer system or any part thereof, and obtain property therefor either within or without the city.
2. Sell any product or byproduct thereof and acquire the appropriate outlets within or without the city and extend the sewer lines thereto.
κ1971 Statutes of Nevada, Page 1219 (CHAPTER 573, SB 579)κ
3. Establish sewer fees and provide for the enforcement and collection thereof.
Sec. 2.280 Powers of city council: Provision of utilities. The city council may:
1. Provide, by contract, franchise or public enterprise, for any utility to be furnished to the city for the residents thereof.
2. Provide for the construction of any facility necessary for the provision of such utilities.
3. Fix the rate to be paid for any utility provided by the city. Any charges due for services, facilities or commodities furnished by any utility provided by the city is a lien upon the property to which the service is rendered and shall be perfected by filing with the county recorder of Clark County a statement by the city clerk of the amount due and unpaid and describing the property subject to the lien. Each such lien shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
Sec. 2.290 Powers of city council: Cemeteries; acquisition and maintenance. The city council may, by any lawful means, acquire and maintain property for public use as a cemetery.
Sec. 2.300 Powers of city council: Television franchises. The city council may contract with, authorize or grant a franchise to, any person, company or association to construct, maintain and operate a television installation system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture.
ARTICLE III
Executive Department
Sec. 3.010 City manager: Appointment and qualifications; acting city manager.
1. The city council shall appoint a city manager for an indefinite term and fix his compensation. The city manager shall be appointed on the basis of his administrative qualifications. He need not be a resident of the city or the State of Nevada at the time of his appointment, but he may reside outside the city while in office only with the approval of the city council.
2. By letter filed with the city clerk, the city manager shall designate, subject to the approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of the city manager during his temporary absence or disability. The city council may revoke such designation at any time.
Sec. 3.020 City manager: Powers and duties.
1. The city manager shall be the chief administrative officer of the city. He shall be responsible to the city council for the administration of all city affairs placed in his charge by or under this charter.
κ1971 Statutes of Nevada, Page 1220 (CHAPTER 573, SB 579)κ
2. The city manager shall:
(a) Except as otherwise provided by law, this charter, or personnel rules adopted pursuant to this charter, appoint, and when he deems it necessary for the good of the service, suspend all city employees and appointed administrative officers provided for by this charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise the powers enumerated in this paragraph with respect to subordinates in that officers department, office or agency.
(b) Direct and supervise the administration of all departments, offices and agencies of the city, except:
(1) As otherwise provided by law; and
(2) For any department, office or agency whose head is not appointed by the city manager.
(c) Attend all city council meetings and have the right to take part in all discussions. He may not vote.
(d) Be responsible for the enforcement of all laws, provisions of this charter and acts of the city council subject to enforcement by him or by his officers subject to his direction and supervision.
(e) Prepare and submit the annual budget and capital program to the city council.
(f) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year.
(g) Make such other reports as the city council may require concerning the operations of city departments, offices and agencies subject to his direction and supervision.
(h) Keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs as he deems desirable.
(i) Perform such other duties as are specified in this charter or which may be required by the city council.
Sec. 3.030 City manager: Removal.
1. The city council may remove the city manager from office in accordance with the procedure contained in this section.
2. The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which shall state the reasons for removal and may suspend the city manager from duty for a period not to exceed 15 days. A copy of the resolution shall be delivered promptly to the city manager.
3. Within 5 days after a copy of the preliminary resolution is delivered to the city manager, he may file with the city council a written request for a public hearing. The public hearing shall be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the city council a written reply not later than 5 days before the hearing.
4. The city council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members, at any time after 5 days from the date when a copy of the preliminary resolution was delivered to the city manager, if he has not requested a public hearing or at any time after the public hearing if he has requested one.
κ1971 Statutes of Nevada, Page 1221 (CHAPTER 573, SB 579)κ
5. The city manager shall continue to receive his salary until the effective date of the final resolution of removal. The action of the city council in suspending or removing the city manager shall not be subject to review by any agency or court.
Sec. 3.040 City clerk: Office; duties. The city clerk shall:
1. Keep his office at the place of meeting of the city council or some other place convenient thereto, as the city council may direct.
2. Keep the corporate seal and all papers and records of the city and keep a record of the proceedings of, and be the clerk of the city council, whose meetings it shall be his duty to attend. Copies of all papers filed in his office, and transcripts from all records of the city council certified by him, under the corporate seal, shall be evidence in all courts to the same effect as if the original were produced.
3. Supervise and coordinate administrative and responsible clerical work relating to the functions of the city council.
4. Attend all meetings of the city council.
5. Record votes of members of the city council.
6. Direct the transcription and keeping of minutes and official records of all city council meetings.
7. Countersign official contracts, bonds and other official city documents.
8. Be the custodian of all official city records, including contract and agreement documents, resolutions, ordinances, official minute book and the corporate seal.
9. Make arrangements for special or informal meetings other than the regular meetings of the city council.
10. Supervise the operation and maintenance of a central file system for all departments of the city.
11. Supervise the recruitment of all election workers, the printing of all ballots and tally of election returns.
12. Serve as custodian of official election records for all city elections.
13. Administer official oaths for the city.
Sec. 3.050 City attorney: Qualifications; duties.
1. The city attorney shall be a duly licensed member of the State Bar of Nevada.
2. The city attorney shall be the legal officer of the city and shall perform such duties as may be designated by ordinance.
Sec. 3.060 County assessor to be ex officio city assessor; duties. The county assessor of Clark County shall be ex officio city assessor of the city. The county assessor shall perform such duties for the city without additional compensation.
Sec. 3.070 City registry agent. The registrar of voters of Clark County shall be ex officio registry agent for the city.
Sec. 3.080 Department of finance: Director; conduct.
1. The city council may establish a department of finance, the head of which shall be the director of finance. The department of finance may also include a city treasurer and such other qualified personnel as the city manager determines are necessary to handle the financial matters of the city properly.
2. The director of finance shall be the city manager, or he may, subject to ratification by the city council, appoint a director of finance.
κ1971 Statutes of Nevada, Page 1222 (CHAPTER 573, SB 579)κ
3. The department of finance shall maintain complete records of all fiscal transactions of, and claims against, the city.
4. Before payment, all accounts shall be audited and approved by the department of finance. The director of finance shall be responsible for the preparation of all warrants and claims paid. Warrants so issued shall bear the signatures of any two of the three following officers: City manager, director of finance and city treasurer. Facsimile signatures may be permitted if at least two of the three designated officers control the use of the device.
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 director of finance, who shall dispose of them in accordance with the ordinances, regulations and procedures established by the city council.
2. The city council may by proper legal action:
(a) Collect all moneys which are due and unpaid to the city or any office thereof; and
(b) Pay from the general fund all fees and expenses necessarily incurred by it in connection with the collection of such moneys.
(c) Provide for the imposition of reasonable interest charges on any fees, debts, obligations or assessments owed to the city.
Sec. 3.100 Interference by city council.
1. Neither the city council nor any of its members shall dictate the appointment, suspension or removal of any city administrative officer or employee whom the city manager or his subordinates are empowered to appoint unless the city council expresses its views and fully and freely discusses with the city manager anything pertaining to appointment, suspension or removal of such officer or employee. The city council may then appoint, suspend or remove such officer or employee by unanimous vote.
2. Except for the purpose of inquiries, the city council or its members shall deal officially with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give official orders to any such officer or employee, either publicly or privately.
ARTICLE IV
Judicial Department
Sec. 4.010 Municipal court. There shall be a municipal court of the city to which the provisions of chapters 5 and 266 of NRS, relating to municipal courts, as amended from time to time, shall apply.
Sec. 4.020 Municipal court: Qualifications of municipal judge; salary.
1. The municipal court shall be presided over by a municipal judge, who shall be:
(a) Not less than 25 years of age.
(b) A citizen of the United States.
κ1971 Statutes of Nevada, Page 1223 (CHAPTER 573, SB 579)κ
(c) A resident of the city for a continuous 2-year period immediately preceding his election.
(d) A registered voter of the city for a continuous 2-year period immediately preceding his election.
(e) An owner of real property in the city for a 2-year period immediately preceding his election.
2. If so required by an ordinance duly enacted, candidates for the office of municipal judge, at the time of filing, shall produce evidence in satisfaction of any or all of the qualifications provided in subsection 1.
3. The salary of the municipal judge shall be fixed by the city council.
Sec. 4.030 Intermittent periods of incarceration. If a sentence of imprisonment is imposed by the municipal judge, the municipal judge may order intermittent periods of incarceration so long as the entire sentence will be completed within 6 months from the date of sentence. The periods of incarceration may be varied from time to time with consent of the defendant, but the total time of incarceration may not be increased.
Sec. 4.040 Disposition of fines. All fines and forfeitures for the violation of ordinances shall be paid into the treasury of the city in the manner to be prescribed by ordinance.
Sec. 4.050 Additional imprisonment to satisfy fine or forfeiture. Whenever a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, he shall be confined in the city or county jail, whichever is designated in his sentence of imprisonment, for an additional period of 1 day for each $4 of the amount until such fine or forfeiture is satisfied. He shall not be imprisoned beyond the maximum sentence for the offense for which he is confined.
ARTICLE V
Elections
Sec. 5.010 General municipal elections.
1. On the Tuesday after the 1st Monday in June 1975, and at each successive interval of 2 years, there shall be elected by the qualified voters of the city, at a general election to be held for that purpose, a municipal judge, who shall hold office for a period of 2 years and until his successor has been elected and qualified.
2. On the Tuesday after the 1st Monday in June 1977, and at each successive interval of 4 years thereafter, there shall be elected by the qualified voters of the city, at a general election to be held for that purpose, a mayor and two councilmen, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
3. 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, two councilmen, who shall hold office for a period of 4 years and until their successors have been elected and qualified.
Sec. 5.020 Primary municipal elections; declaration of candidacy.
1. The city council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents.
κ1971 Statutes of Nevada, Page 1224 (CHAPTER 573, SB 579)κ
2. If for any general municipal election there are three or more candidates for the offices of mayor or municipal judge, or five or more candidates for the office of councilman, a primary election for any such office shall be held on the Tuesday following the 1st Monday in May preceding such general election.
3. After the primary election, the names of the two candidates for mayor and municipal judge and the names of the four candidates for city councilman who receive the highest number of votes shall be placed on the ballot for the general election unless one of the candidates for mayor or municipal judge receives a majority of the total votes cast for that office in the primary election, in which case such candidate shall be declared the winner. If one candidate for the office of city councilman receives a majority of the votes cast for that office, such candidate shall be declared elected and a general election shall be held only to fill any office for which a winner has not been declared.
Sec. 5.030 Applicability of state election laws; elections under city council control.
1. All elections held under this charter shall be governed by the provisions of the election laws of this state, so far as such laws can be made applicable and are not inconsistent herewith.
2. The conduct of all municipal elections shall be prescribed by ordinance. For the conduct of municipal elections, for the prevention of fraud in such elections, and for the recount of ballots in cases of doubt or fraud, the city council shall adopt by ordinance all regulations which it considers desirable and consistent with law and this charter.
Sec. 5.040 Qualifications, registration of voters.
1. Every person who resides within the city at the time of holding any municipal election, and whose name appears upon the official register of voters in and for the city, is entitled to vote at each municipal election, whether special, primary or general, and for all officers to be voted for and on all questions that may be submitted to the people at any such primary, general or special city elections, except as otherwise provided in this article.
2. Nothing in this charter shall be so construed as to deny or abridge the power of the city council to provide for supplemental registration.
Sec. 5.050 Names on ballots. The full names of all candidates, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol. The use of nicknames in conjunction with the candidates legal names is allowed and the nicknames may be printed on the official ballots. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion, their residence addresses shall be printed with their names on the ballot.
Sec. 5.060 Ballots for ordinances and charter amendments. An ordinance for charter amendment to be voted on in the city shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: Shall the above described (ordinance) (amendment) be adopted? The ballot or voting machine or device shall be so marked as to indicate clearly in what manner the voter may cast his vote, either for or against the ordinance or amendment.
κ1971 Statutes of Nevada, Page 1225 (CHAPTER 573, SB 579)κ
machine or device shall be so marked as to indicate clearly in what manner the voter may cast his vote, either for or against the ordinance or amendment.
Sec. 5.070 Availability of lists of registered voters. If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall either permit the organization, group or person to copy the voters names and addresses from the official register of voters or furnish such a list.
Sec. 5.080 Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from any special, primary or general municipal election shall be filed with the city clerk, who shall immediately place such returns in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with such returns until canvassed by the city council.
2. The city council shall meet on the first Tuesday after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the city clerk for 6 months, and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the city council.
3. The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st Monday in July next following their election.
4. If any election should result in a tie, the city council shall summon the candidates who received the tie vote and determine the tie by lot. The clerk shall then issue to the winner a certificate of election.
Sec. 5.090 Contest of election. A contested election for any municipal office shall be determined according to the law of the state regulating proceedings in contested elections in political subdivisions.
ARTICLE VI
Local Improvements
Sec. 6.010 Local improvement law. The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain:
1. Curb and gutter projects;
2. Drainage projects;
3. Off-street parking projects;
4. Overpass projects;
5. Library, park or recreation projects;
6. Sanitary sewer projects;
7. Sidewalk projects;
8. Storm sewer projects;
9. Street projects;
10. Underpass projects;
κ1971 Statutes of Nevada, Page 1226 (CHAPTER 573, SB 579)κ
11. Water projects; and
12. Underground utility and communication lines.
Sec. 6.020 Local improvement law: Collateral powers. The city council on behalf of the city for the purpose of defraying all the costs of acquiring or improving any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by chapter 271 of NRS, as amended from time to time.
ARTICLE VII
Local Bonds and Franchises
Sec. 7.010 Debt limit.
1. The city shall not incur an indebtedness in excess of 20 percent of the total assessed valuation of the taxable property within the boundaries of the city.
2. In determining any debt limitation under this section, there shall not be counted as indebtedness:
(a) Any revenue bonds, unless the full faith and credit of the city is also pledged to their payment.
(b) Any special assessment bonds, whether or not a deficiency in the proceeds of the assessments is required to be paid from the general fund to the city.
(c) Any short-term securities issued in anticipation of and payable from property taxes levied for the current fiscal year.
Sec. 7.020 Acquisition, operation of municipal utilities. The city may, in the manner and for the purposes provided in this charter and Nevada Revised Statutes as they apply to cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.
Sec. 7.030 Water, sewer and electric light and power revenue bonds.
1. The city council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties needed in connection with:
(a) The obtaining of a water supply.
(b) The conservation, treatment and disposal of sewage waste and storm water.
(c) The generation and transmittal of electricity for light and power for public and private uses.
2. In issuing bonds pursuant to subsection 1, the city council shall follow procedures established in the Local Government Securities Law, as amended from time to time.
Sec. 7.040 Borrowing money. The city council may borrow money in accordance with the Local Government Securities Law, as amended from time to time.
Sec. 7.050 Franchises.
1. Before granting any franchise the city council shall first adopt a resolution setting forth fully and in detail the applicant for, purpose and character of, terms and time and conditions of the proposed franchise.
κ1971 Statutes of Nevada, Page 1227 (CHAPTER 573, SB 579)κ
and character of, terms and time and conditions of the proposed franchise. Such resolution shall be published in full in a newspaper qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, and published in the city for at least two publications in the 2 weeks succeeding its adoption.
2. On the first regular meeting of the council after the expiration of the period of such publication, the council shall proceed to pass an ordinance for the granting of the franchise; but such franchise shall be granted only on substantially the same terms and conditions as expressed in the resolution as published. Otherwise such ordinance shall be void.
ARTICLE VIII
Revenue
Sec. 8.010 Municipal taxes.
1. The city council shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding 3 percent upon the assessed value of all real and personal property within the city, except as provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time. The taxes so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed in the laws of the State of Nevada for collection of state and county taxes. The revenue laws of the state shall, in every respect not inconsistent with the provisions of this charter, be applicable to the levying, assessing and collecting of the municipal taxes.
2. In the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization as are the state and county.
3. All forms and blanks used in levying, assessing and collecting the revenues of the state and counties shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The city council shall enact all such ordinances as it may deem necessary and not inconsistent with this charter and the laws of the state for the prompt, convenient and economical collecting of the revenue.
Sec. 8.020 Revenue ordinances. The city council 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
Civil Service
Sec. 9.010 Civil service.
1. There shall be a civil service system, which shall be applicable to and govern the employment of all personnel of the city except elected and appointed officials and personnel specifically excluded by ordinance from provisions of the civil service system.
κ1971 Statutes of Nevada, Page 1228 (CHAPTER 573, SB 579)κ
and appointed officials and personnel specifically excluded by ordinance from provisions of the civil service system.
2. The city council shall appoint a civil service board of trustees to be comprised of five board members, whose terms of office shall be set by the city council.
3. The city manager may appoint a personnel director, who shall be charged with the proper administration of the civil service system.
4. The civil service board of trustees shall prepare in ordinance form for passage and adoption by the city council rules and regulations governing the administration of the civil service system. Such ordinance shall provide procedures for:
(a) Recruitment, examining and placement of employees;
(b) Classification of positions and pay plan;
(c) Promotions, disciplinary actions and removal of employees;
(d) Appeal hearings; and
(e) Such other personnel matters as the board may recommend.
Sec. 9.020 1. Personnel specifically excluded from the provisions of the civil service ordinance may have established by ordinance their terms and conditions of employment.
2. Such terms and conditions of employment may include provisions relative to base pay, longevity pay, requirements for physical examinations, training, performance, standards of conduct, sick, holiday, annual, jury, emergency and other leave, and such other matters as may be deemed necessary.
ARTICLE X
Miscellaneous Provisions
Sec. 10.010 Severability of provisions. If any portion of this charter is held to be unconstitutional or invalid for any reason by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this charter. The legislature hereby declares that it would have passed the charter and each portion thereof, irrespective of the portion which may be deemed unconstitutional or otherwise invalid.
Sec. 10.020 Effect of enactment of charter.
1. All rights and property of every kind and description which were vested in the city prior to the enactment of this charter shall be vested in the same municipal corporation on the effective date of this charter. No right or liability, either in favor of or against such corporation existing at the time of becoming incorporated under this charter, and no action or prosecution shall be affected by such change, but it shall stand and progress as if no change had been made.
2. Whenever a different remedy is given by this charter, which may properly be made applicable to any right existing at the time of such city so becoming incorporated under this charter, such remedy shall be cumulative to the remedy before provided, and used accordingly.
3. All ordinances and resolutions in effect in the city prior to the effective date of this charter shall, unless in conflict with the provisions of this charter, continue in full force and effect until amended or repealed.
κ1971 Statutes of Nevada, Page 1229 (CHAPTER 573, SB 579)κ
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 283, Statutes of Nevada 1953, at page 393, entitled An Act to incorporate the city of North Las Vegas in Clark county, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto, approved March 27, 1953, and all acts amendatory thereof, are hereby repealed.
Sec. 3. This act shall become effective on July 1, 1973.
________
Assembly Bill No. 429Mr. Ashworth
CHAPTER 574
AN ACT providing for the issuance of drivers licenses bearing colored photographs; providing for a report to the legislature under certain circumstances; and providing other matters properly relating thereto.
[Approved April 26, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The department may, upon being satisfied that it is feasible, produce a drivers license, bearing a colored photograph of the licensee.
2. If a changeover to this style of license is feasible, it shall not become effective until the department has:
(a) Established a uniform procedure for the production of such licenses, applicable to renewal as well as to original licenses.
(b) Determined the costs of such production.
(c) Adjusted the fees provided in NRS 483.410, up to a maximum of 50 cents, if such adjustment is essential to recover additional costs which may be incurred in any such changeover and to that extent only.
3. If the department finds that implementation is not feasible before the convening of the 57th session of the Nevada legislature, the department shall report in detail its findings to the 57th session of the legislature.
________
κ1971 Statutes of Nevada, Page 1230κ
Senate Bill No. 129Committee on Transportation
CHAPTER 575
AN ACT permitting the department of highways to receive informal bids and award contracts on projects estimated to cost less than a certain amount; providing for solicitation of bids from a bidders list; permitting the state highway engineer to execute contracts; and providing other matters properly relating thereto.
[Approved April 26, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.905 is hereby amended to read as follows:
408.905 1. With the approval of the board, the engineer may receive informal bids and award contracts for highway construction, reconstruction, improvements, and maintenance on projects estimated to cost not in excess of [$15,000.] $50,000.
2. Such informal bids shall be submitted in accordance with due advertisement thereof being published for at least one publication in any newspaper or publication.
3. The department shall:
(a) Mail a copy of the bid invitation by certified mail to all qualified bidders who are on record with the department as desiring to receive bid invitations on projects estimated to cost not in excess of $50,000.
(b) Maintain a record of such certified mailings.
4. Contracts awarded under the provisions of this section shall be accompanied by bonds and conditioned and executed [in the same manner as provided in NRS 408.885.] in the name of the State of Nevada, and shall be signed by the engineer, under the seal of the department, signed by the contracting party or parties, and the form and legality of such contracts approved by the attorney general or chief counsel of the department.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 820Committee on Transportation
CHAPTER 576
AN ACT to amend an act entitled 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, being Senate Bill No. 266 of the 56th session of the Nevada legislature.
[Approved April 26, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 130 of the above-entitled act is hereby amended to read as follows:
Section 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 [:
κ1971 Statutes of Nevada, Page 1231 (CHAPTER 576, AB 820)κ
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] ambulances and hearses.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1971, only if Senate Bill No. 266 of the 56th session of the legislature becomes effective prior thereto.
________
Assembly Bill No. 131Committee on Government Affairs
CHAPTER 577
AN ACT relating to county printing; relaxing the conditions required for out-of-county public printing; and providing other matters properly relating thereto.
[Approved April 26, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.330 is hereby amended to read as follows:
244.330 1. All public printing required by the various counties shall be placed with some bona fide newspaper or bona fide commercial printing establishment within the county requiring the same; but if there is no bona fide newspaper or bona fide commercial printing establishment within the county adequately equipped to do such printing, then the printing so required shall be placed [through the local bona fide newspaper or bona fide commercial printing establishment.
2. Nothing in this section shall be construed as requiring counties to pay to the local bona fide newspaper or bona fide commercial printing establishment any commission on such printing, but the commission must be paid by the printing establishment doing the same.
3.] with some bona fide newspaper or bona fide commercial printing establishment elsewhere in the state adequately equipped to do such printing. If only one such newspaper or commercial printing establishment exists in the county and it fails, or has failed in the past, with regard to a specific piece of printing required by law to be printed, to perform its printing functions in accordance with the specification for the job as supplied by the governing body in any year, the specific piece of printing when required in any subsequent year may be placed with some bona fide newspaper or bona fide commercial printing establishment elsewhere in the state adequately equipped to do such printing.
2. Except as otherwise authorized in subsection [5,] 4, printing required by counties shall be done within the state.
[4.] 3. The provisions of this section are contingent upon satisfactory services being rendered by all such printing establishments and reasonable charges therefor. Reasonable charges shall mean a charge not in excess of the amount necessary to be paid for similar work in other printing establishments.
κ1971 Statutes of Nevada, Page 1232 (CHAPTER 577, AB 131)κ
[5.] 4. Nothing in this section shall be construed as prohibiting the printing of county bonds and other evidences of indebtedness outside the state.
________
Senate Bill No. 545Committee on Federal, State and Local Governments
CHAPTER 578
AN ACT relating to public utilities and utilities of local governments; providing for creation of underground electric and communication districts; defining certain words and terms; providing for payment of costs, assessment of property, issuance of bonds, and collection of assessments; and providing other matters properly relating thereto.
[Approved April 26, 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 81, inclusive, of this act.
Sec. 2. 1. The legislature finds that in many areas of this state owners of real property, counties, cities and public utility corporations desire to construct new underground electric and communication services and to convert existing overhead electric and communication facilities to underground locations by establishing underground service districts for the purpose of effecting such construction or conversion.
2. The legislature declares that a public purpose will be served and that the public welfare will be promoted by providing a procedure to accomplish such construction or conversion and that it is in the public interest to provide for such construction or conversion as provided in sections 2 to 81, inclusive, of this act.
Sec. 3. As used in sections 2 to 81, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 16, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 4. Clerk means the de facto or de jure county clerk or city clerk, or his successor in functions, if any.
Sec. 5. Convert or conversion means the removal of existing overhead electric and communication facilities and the replacement thereof with underground electric and communication facilities constructed at the same or different locations.
Sec. 6. Electric and communication facilities means any works or improvements used or useful in providing electric or communication service, including but not limited to poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, but:
1. Communication facilities does not include facilities used or intended to be used for the transmission of intelligence by microwave or radio, apparatus cabinets or outdoor public telephones.
2. Electric facilities does not include any facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of 25,000 volts or having a circuit capacity in excess of 12,000 kilovolt amperes.
κ1971 Statutes of Nevada, Page 1233 (CHAPTER 578, SB 545)κ
to be used for the transmission of electric energy at nominal voltages in excess of 25,000 volts or having a circuit capacity in excess of 12,000 kilovolt amperes.
Sec. 7. Governing body means:
1. The city council, city commission, board of supervisors or other local legislative or governing body of an incorporated city if all or any part of the service district is located within the limits of such incorporated city.
2. The board of county commissioners if the service district is located entirely within the unincorporated area of the county.
Sec. 8. Lot includes any portion, piece or parcel of land, but not property owned or controlled by any person as a right-of-way.
Sec. 9. New underground electric and communication service district means an area in which no existing electric and communication facilities are in place.
Sec. 10. Overhead electric or communication facilities means electric or communication facilities located above the surface of the ground except as provided in sections 6 and 16 of this act.
Sec. 11. Owner means:
1. The person in whom legal title appears by recorded deed;
2. The person is possession under claim of title; or
3. The person exercising acts of ownership for himself or as the personal representative of the owner, including boards of trustees of school districts owning property within the service district.
Sec. 12. Public place includes streets, alleys, roadways, sidewalks, rights-of-way, easements and similar properties as to which an incorporated city, an unincorporated town, a county, the State of Nevada or a public utility corporation may have a right.
Sec. 13. Public utility corporation means:
1. Any person or corporation subject to the jurisdiction of the public service commission of Nevada which provides electric or communication service to the public by means of electric or communication facilities.
2. An incorporated city or a county which provides electric or communication service to the public by means of electric or communication facilities.
Sec. 14. Real property means real estate owned in fee, but not inclusive of any property owned or controlled as a railroad or street right-of-way.
Sec. 15. Service district means a new underground electric and communication service district as defined by section 9 of this act, or an underground conversion service district as defined by section 16 of this act, as the case may be.
Sec. 16. Underground conversion service district means an area in which existing electric and communication facilities are to be placed underground, exclusive of:
1. Any lines or facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of 25,000 volts or having a circuit capacity in excess of 12,000 kilovolt amperes.
2. Facilities used or intended to be used for the transmission of intelligence by microwave or radio.
κ1971 Statutes of Nevada, Page 1234 (CHAPTER 578, SB 545)κ
3. Facilities such as transformers, pull boxes, service terminals, pedestal terminals, splice closures, apparatus cabinets and similar facilities which normally are above the surface in areas where service lines are underground in accordance with standard underground practices.
4. On-the-ground facilities attached to overhead facilities which are used to connect an underground system to overhead facilities.
Sec. 17. The provisions of sections 2 to 81, inclusive, of this act do not apply to any land which is a subdivision within the meaning of NRS 278.320 as long as the title to such land remains in the subdivider.
Sec. 18. 1. If not less than 60 percent of the owners of contiguous real property within a reasonably compact area of reasonable size, who own not less than 60 percent on a square foot basis of the real property within such area, seek to establish a service district, they shall petition each public utility corporation serving such area to make a study of the costs related to the establishment of such area as a service district.
2. The petition shall set forth:
(a) The necessity for the proposed service district.
(b) That the public convenience, necessity or welfare will be promoted by the establishment of the service district and that the property to be included therein will be benefited.
(c) The name and address of the owner of each parcel or lot within the proposed service district as reflected on the records of the county assessor.
(d) Such other matters as may be reasonably required by the public utility corporation.
3. Each copy of the petition shall be:
(a) Verified by one of the petitioners.
(b) Accompanied by a plat or sketch indicating the boundaries of the proposed service district and size in square feet of each parcel or lot within the proposed service district.
Sec. 19. 1. Within 120 days after receipt of the petition, each public utility corporation serving the area shall:
(a) Make a study of the cost of providing new underground electric and communication facilities or conversion of its facilities in such area to underground service.
(b) Make available in its office to the petitioners and to all owners of real property within the proposed service district a joint report of the results of the study of the public utility corporations affected.
2. If a public utility corporation subject to the jurisdiction of the public service commission of Nevada determines as a result of the study that installation of the proposed service is not economically or technically feasible, it may, with the concurrence of the public service commission of Nevada, so state in the joint report and proceed no further toward installation of the proposed service. Nothing in sections 2 to 81, inclusive, of this act shall be construed to require the public service commission of Nevada to participate in preparation of the joint report referred to in this section.
3. If the provisions of subsection 2 are inapplicable, the joint report shall:
(a) Contain an estimate of the costs to be assessed to each lot or parcel of real property located with the proposed service district for the construction of new facilities or conversion of facilities within public places.
κ1971 Statutes of Nevada, Page 1235 (CHAPTER 578, SB 545)κ
(b) Indicate the estimated cost to be assessed to each lot or parcel of real property for placing underground the facilities of the public utility corporation or public agency located within the boundaries of each parcel or lot.
(c) Indicate the estimated cost to be borne by the public utility corporation for any facilities to be provided by it and which shall remain its property rather than becoming property of the service district or owners of individual lots or parcels, as provided by regulations of the public service commission of Nevada, and any other applicable laws, ordinances, rules or regulations.
4. The costs of preparing the joint report shall be borne by the public utility corporation whose electric or communication facilities are to be included in the proposed service district unless the governing body orders the establishment of the service district, in which event such costs shall be included in the costs of the service district.
Sec. 20. A summary of the estimate of the costs to be assessed against each lot or parcel of real property located within the proposed service district for the new construction or conversion of facilities within public places and the estimated costs to be assessed to each lot or parcel of real property for placing underground the facilities of the public utility corporation located within the boundaries of each lot or parcel shall be mailed by the public utility corporation to each owner of real property located within the proposed service district to the address of such owner as contained in the petition for the cost study.
Sec. 21. 1. Within 90 days after the joint report referred to in section 19 of this act is made available to the petitioners, not less than 60 percent of the owners of real property within the area who own not less than 60 percent of the real property on a square foot basis within the area, excluding public places, may petition the governing body for establishment of a service district in the same area described in the original petition or petitions.
2. The petition shall be filed with the clerk.
Sec. 22. 1. Upon receipt of a petition to establish a service district, the governing body shall set a date for a hearing on the petition, which date shall not be later than 60 days after the filing of the petition with the clerk.
2. The clerk shall:
(a) Cause a notice of the hearing to be posted in not less than three public places within the proposed service district for not less than 30 days prior to the date of the hearing.
(b) Cause a notice of the hearing to be published once not less than 10 days preceding the date of the hearing in some newspaper having a general circulation in the proposed service district.
(c) Mail a notice of the hearing to:
(1) Each owner of a lot or parcel of real property within the boundaries of the proposed service district as reflected on the records of the county assessor.
(2) Each governmental agency having rights in public places within the proposed service district.
3. The costs of posting, publication and mailing required in this section shall be assessed by the governing body on a pro rata basis to each public utility corporation whose electric or communication facilities are to be included in the proposed service area, and if a service district is established such costs shall be included in the costs of the district.
κ1971 Statutes of Nevada, Page 1236 (CHAPTER 578, SB 545)κ
public utility corporation whose electric or communication facilities are to be included in the proposed service area, and if a service district is established such costs shall be included in the costs of the district.
Sec. 23. The notice of the hearing shall:
1. State the time and place where the hearing will be held.
2. Describe the boundaries of the proposed service district.
3. State that the joint report of estimated costs for each lot or parcel included within the proposed service district are available for public inspection at the office of the clerk.
Sec. 24. 1. Any person owning real property within the proposed service district who wishes to object to the establishment of the proposed service district or to the costs thereof as contained in the joint report pertaining to his lot or parcel included within the proposed service district shall, before the date set for the hearing, file written objections with the clerk.
2. In considering objections, the governing body shall be governed by the following:
(a) Each paper containing signatures shall have attached thereto an affidavit of an owner of real property within the proposed service district stating that each signature was affixed in his presence and is the signers genuine signature.
(b) An objection shall be counted only for the real property described as belonging to the signer. An objection without a description shall not be counted.
(c) The signature of one cotenant, or if community property, the signature of either spouse, is sufficient for an objection.
(d) An objection signed by a guardian, executor, administrator or trustee is valid without an order of court therefor.
(e) An objection by a person in possession under a contract of purchase is valid.
(f) When several persons have a claim to or an interest in real property, the signature of any of them is sufficient unless questioned by another having a claim or interest, whereupon the wishes of the person legally entitled to possession of the real property at the date of the objection controls.
(g) An objection signed by an agent or attorney in fact shall be disregarded unless the authority of the agent has been recorded with the county recorder or written or telegraphic authority is attached to the objection before expiration of the time for filing the objection.
(h) An objection may be withdrawn by filing a withdrawal with the clerk before 5 p.m. of the last day for the filing of objections.
(i) The signature of a cotenant, spouse, claimant or person interested may be questioned, and the authority of an agent or attorney in fact may be questioned, at any time before the governing body finally passes upon the sufficiency of the objection, but the authority of an agent or attorney in fact may not be revoked as to a signature after the expiration of the period in which objections may be filed.
Sec. 25. 1. At the place, date and hour specified for the hearing in the notice or at any subsequent time to which the hearing may be adjourned the governing body shall give full consideration to all objections which have been filed and shall hear all owners of real property within the proposed service district desiring to be heard.
κ1971 Statutes of Nevada, Page 1237 (CHAPTER 578, SB 545)κ
2. If the governing body determines at the hearing that:
(a) The requirements for the establishment of a service district have been satisfied;
(b) Objections have not been filed by more than 40 percent of the owners of real property within the proposed service district, or by owners of more than 40 percent of the real property on a square foot basis in the proposed service district;
(c) Considering all objections, the cost of construction or conversion as contained in the joint report prepared pursuant to section 19 of this act is economically and technically feasible for the public utility corporations involved and the owners of real property affected; and
(d) The proposed service district is a reasonably compact area of reasonable size,
the governing body shall enact an ordinance establishing the area as a service district.
3. The ordinance shall:
(a) State the costs to be assessed to each lot or parcel in the service district, which shall include the appropriate share of all costs referred to in sections 19 and 22 of this act.
(b) Direct the public utility corporation owning overhead electric or communication facilities within the service district to construct or convert such facilities to underground facilities in accordance with standard underground practices and procedures approved by the public service commission of Nevada.
(c) State the method of levying assessments, the number of installments, and the times in which the costs assessed will be payable.
4. Before enacting an ordinance establishing a service district, the governing body shall exclude any territory described in the petition which the governing body finds will not be benefited by inclusion in the service district or for which territory construction or conversion is not economically or technically feasible.
Sec. 26. 1. If the governing body determines at the hearing that territory not included in the petition should be included within the service district the owners of real property within such territory shall be given notice by mail as provided in subsection 2 of section 22 of this act of a subsequent hearing to be held on the proposal to include such additional territory.
2. The provisions of sections 24 and 25 of this act apply to all such subsequent hearings.
Sec. 27. Additions to and alterations of the boundaries of an established service district shall be made in the manner provided for the establishment of a service district.
Sec. 28. 1. The public utility corporation or corporations involved and all owners of real property within the established service district shall be deemed parties to the proceedings for the purposes of applications for rehearings and appeals.
2. After an order is issued by the governing body establishing a service district, any party to the proceedings may apply to the governing body for a rehearing. The governing body may grant a rehearing if in its judgment sufficient reason appears therefor.
3. No claim arising from an order of the governing body shall accrue in any court to any party to the proceedings unless such party makes application to the governing body for a rehearing within 10 days from the date of receiving notice of the enactment of the ordinance.
κ1971 Statutes of Nevada, Page 1238 (CHAPTER 578, SB 545)κ
in any court to any party to the proceedings unless such party makes application to the governing body for a rehearing within 10 days from the date of receiving notice of the enactment of the ordinance.
4. The application for a rehearing shall state specifically the grounds on which it is based and no party to the proceedings shall, in any court, urge or rely on any ground not stated in the application.
5. If an application for rehearing is timely filed with the clerk the order shall be suspended until the application is granted or denied. At its next regular meeting following the filing of an application for rehearing the governing body shall either deny the application or grant a rehearing, which shall be held within 15 days from the date of an order granting the rehearing.
6. If, after a rehearing and a consideration of all the facts, including those arising since the enactment of the ordinance, the governing body finds that the original ordinance or any part thereof is in any respect unjust or unwarranted or should be changed, the governing body may repeal or amend the ordinance.
Sec. 29. Any party to the proceedings aggrieved by an ordinance of the governing body may commence an appropriate action in the district court of the county in which the service district is located to challenge the validity of the ordinance. No such action shall be commenced more than 90 days after enactment of the ordinance.
Sec. 30. If the governing body enacts an ordinance establishing a service district, the public utility corporation is not required to commence construction or conversion until:
1. The time for applying for a rehearing has expired and no application has been filed; or
2. If an application for a rehearing has been filed, the governing body has declined to repeal or amend the ordinance; and
3. Either the time for commencing an action in the district court has expired and no action has been commenced, or if an action has been commenced, until a final judgment upholding the validity of the ordinance has been rendered; and
4. Arrangements for financing the construction or conversion have been completed and moneys are available therefor from the levy and collection of assessments and issuance of bonds; and
5. The public utility corporation has been provided with or acquired necessary easements or licenses satisfactory to it for installation and maintenance of underground electric and communication facilities.
Sec. 31. 1. The service facilities within the boundaries of each lot or parcel within an underground conversion service district shall be placed underground at the same time as or after the underground system in private easements and public places is placed underground. The public utility corporation involved, directly or through a contractor, shall, in accordance with the rules and regulations of the public utility corporation, convert to underground its facilities on any such lot or parcel in the case of:
(a) An electric public utility, up to the service entrance.
(b) A communication public utility, to the connection point within the house or structure.
2. All costs or expenses of conversion shall be included in the costs on which the underground conversion cost for such property is calculated, as provided in sections 2 to 81, inclusive, of this act.
κ1971 Statutes of Nevada, Page 1239 (CHAPTER 578, SB 545)κ
on which the underground conversion cost for such property is calculated, as provided in sections 2 to 81, inclusive, of this act.
Sec. 32. 1. For the purpose of paying any contractor or otherwise defraying any costs as they become due from time to time until moneys are available therefor from the levy and collection of assessments and any issuance of bonds, the governing body may issue interim warrants.
2. Any interim warrants shall bear such date or dates, shall mature in such denomination or denominations at such time or times, or at any time upon call, shall bear interest at a rate or rates not exceeding 8 percent per annum, and shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the county treasurer, as the governing body may determine.
3. Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the governing body by ordinance.
Sec. 33. 1. The governing body shall cause an assessment roll to be prepared.
2. After the assessment roll is in final form and is confirmed by resolution, the governing body by ordinance shall, by reference to such assessment roll, levy the assessments in the roll.
3. Such resolution and ordinance shall be a final determination of the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each lot and parcel of land.
4. Such determination by the governing body shall be conclusive upon the owners of the property assessed.
5. The roll, when endorsed by the clerk as the roll designated in the assessment ordinance, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessments and the assessment roll.
Sec. 34. 1. The owner of any lot or parcel assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any. The governing body may require in the assessment ordinance the payment of a premium for any such prepayment not exceeding 8 1/2 percent of the installment or installments of principal so prepaid.
2. Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.
3. The clerk shall give notice by publication or by mail of the levy of any assessment, of the fact that it is payable, and of the last day for its payment as provided in this chapter. As used in this section and elsewhere in sections 33 to 79, inclusive, of this act, the words publication and mail have the meanings ascribed to them in chapter 271 of NRS.
Sec. 35. 1. Failure to pay any installment, whether principal or interest, when due shall ipso facto cause the whole amount of the unpaid principal to become due and payable immediately at the option of the governing body, the exercise of such option to be indicated by the commencement of foreclosure proceedings.
κ1971 Statutes of Nevada, Page 1240 (CHAPTER 578, SB 545)κ
interest, when due shall ipso facto cause the whole amount of the unpaid principal to become due and payable immediately at the option of the governing body, the exercise of such option to be indicated by the commencement of foreclosure proceedings.
2. At any time prior to the day of sale, the owner may pay the amount of delinquent installments, with accrued interest, all penalties, and costs of collection accrued, including but not necessarily limited to any attorneys fees, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been made.
Sec. 36. 1. In case of election to pay in installments, the assessment shall be payable in not less than two or more than 20 substantially equal annual installments, or not less than four or more than 40 substantially equal seminannual installments, or not less than eight or more than 80 quarter-annual installments of principal.
2. Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective installments due dates shall be payable annually, or semiannually, or quarter-annually, at a rate or rates not exceeding 8 1/2 percent per annum.
3. Nothing herein contained shall be construed as limiting the discretion of the governing body in determining the time the first installment of principal or interest, or both, and any subsequent installments thereof, shall become due.
4. The governing body in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the municipality for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.
5. The county or municipal officer who has been directed by the governing body to collect assessments shall give notice by publication or by mail of any installment which is payable and of the last day for its payment as provided in the assessment ordinance.
Sec. 37. 1. The payment of the amount so assessed, including each installment thereof, the interest thereon, and any penalties and collection costs, shall be secured by an assessment lien upon the lot or parcel assessed from the effective date of the assessment ordinance.
2. Each such lien upon each lot or parcel assessed shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
3. No statute of limitations shall begin to run against any assessment nor the assessment lien to secure its payment until after the last installment of principal thereof becomes due.
Sec. 38. 1. Should any lot or parcel be divided after a special assessment thereon has been levied and divided into installments and before the collection of all the installments, the governing body may require the county assessor to apportion the uncollected amounts upon the several parts of land so divided.
κ1971 Statutes of Nevada, Page 1241 (CHAPTER 578, SB 545)κ
require the county assessor to apportion the uncollected amounts upon the several parts of land so divided.
2. The report of such apportionment, when approved, shall be conclusive on all the parties, and all assessments thereafter made upon such lot or parcel shall be according to such division.
Sec. 39. 1. Should any assessment prove insufficient to pay for the service for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid by the public utility corporation.
2. If a greater amount has been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.
Sec. 40. 1. Whenever any assessment is, in the opinion of the governing body, invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction adjudges such assessments to be illegal, the governing body shall, whether the improvement has been made or not, or whether any parts of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made.
2. All proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided in sections 2 to 81, inclusive, of this act for the special assessment.
Sec. 41. Whenever any sum or part thereof levied upon any lot or parcel in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment of the lots or parcels.
Sec. 42. 1. When any assessment is so levied by ordinance and is payable, the governing body shall direct:
(a) The clerk to report to the county assessor a description of such lots or parcels as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made.
(b) The municipal treasurer or the county treasurer to collect the several sums so assessed.
2. If the municipal treasurer has been directed to collect unpaid assessments, the amount so levied in the assessment roll shall be collected and enforced, both before and after delinquency, in the manner provided in sections 61 to 78, inclusive, of this act, except as otherwise provided in the ordinance levying the assessments.
3. If the county treasurer has been directed to collect unpaid assessments, the amount so levied in the assessment roll shall be collected and enforced, both before and after delinquency, by the county treasurer and other county officers, as provided by law, with the other taxes in the general assessment roll of the county, and in the same manner, except as otherwise provided in the ordinance levying the assessments.
4. Such amounts shall continue to be a lien upon the lots or parcels assessed until paid, as provided in section 37 of this act.
5. When such amount is collected, it shall be credited to the proper funds.
6. The assessment roll and the certified ordinance levying the assessment shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the fight to recover judgment therefor.
Sec. 43. 1. Whenever by mistake, inadvertence or for any cause any lot or parcel otherwise subject to assessment, within any service district, has been omitted from the assessment roll for such project, the governing body may, upon its own motion or upon the application of the owner of any lot or parcel within such service district charged with the lien of an assessment, assess the same in proportion to the assessments levied upon other lots or parcels in such district.
κ1971 Statutes of Nevada, Page 1242 (CHAPTER 578, SB 545)κ
lot or parcel otherwise subject to assessment, within any service district, has been omitted from the assessment roll for such project, the governing body may, upon its own motion or upon the application of the owner of any lot or parcel within such service district charged with the lien of an assessment, assess the same in proportion to the assessments levied upon other lots or parcels in such district.
2. In any such case, the governing body shall first pass a resolution setting forth that the lot or parcel therein described was omitted from such assessment, and notifying all persons who may desire to object thereto to appear at a meeting of the governing body at a time specified in such resolution and present their objection thereto, which notice resolution shall be published and given by mail to the last-known owner or owners of each such lot or parcel.
3. At the conclusion of such hearing or any adjournment thereof, the governing body shall consider the matter as though the lot or parcel had been included upon the original roll, and may confirm the same or any portion thereof by ordinance.
4. Thereupon, the assessment or assessments on such roll of each omitted lot or parcel shall be collected, the payment of which shall be secured by an assessment lien, as other assessments.
Sec. 44. 1. Whenever a governing body hereafter makes any assessment against any lot or parcel within any service district for any purpose authorized in this chapter, and acts in good faith and without fraud, the assessment shall be valid and enforcible as such, and the assessment shall be a lien upon the lot or parcel upon which the same purports to be a lien.
2. It shall be no objection to the validity of such assessment or lien that:
(a) The assessment was made by an unauthorized officer or person, if the same has been confirmed by the authorities of the municipality.
(b) The assessment is based upon an improper basis of benefits to the lot or parcel within such service district, unless it is made to appear that the municipal authorities acted fraudulently or oppressively in making such assessment.
Sec. 45. Whenever any assessment, or installment thereof, is paid or any delinquency therefor redeemed, or any judgment therefor paid by any joint owner of any property assessed for any service, such joint owner may, after demand and refusal, by an action brought in the district court, recover from each of his coowners the respective amounts of such payment which each such coowner should bear, with interest thereon at 10 percent per annum from the date of such payments, and costs of the action, and the joint owner making such payments shall have a lien upon the undivided interest of his coowners in and to such property from date of such payment.
Sec. 46. Whenever, through error or inadvertence any person pays any assessment, or installment thereof, upon the lands of another, such payor may, after demand and refusal, by an action in the district court, recover from the owner of such lands the amount so paid and costs of the action.
Sec. 47. If in any action it appears that the assessment has not been properly made against the defendant, or the lot or parcel sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the municipality which is a proper charge against the defendant, or the lot or parcel in question, render judgment for the amount properly chargeable against such defendant or upon such lot or parcel.
κ1971 Statutes of Nevada, Page 1243 (CHAPTER 578, SB 545)κ
properly made against the defendant, or the lot or parcel sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the municipality which is a proper charge against the defendant, or the lot or parcel in question, render judgment for the amount properly chargeable against such defendant or upon such lot or parcel.
Sec. 48. The governing body shall likewise have power to issue negotiable coupon bonds in an amount not exceeding the total unpaid assessments levied to pay the cost of any service, as hereafter provided in this chapter.
Sec. 49. If any service district bonds, or any deed made pursuant to a foreclosure sale shall recite that the proceedings with reference to installing any service have been regularly had in compliance with law, and that all prerequisites to the fixing of the assessment lien against the lot or parcel described therein have been performed, such recitals shall be conclusive evidence of the facts so recited.
Sec. 50. 1. Any bonds issued pursuant hereto may be sold in such manner as may be approved by the governing body to defray the cost of the service, including all proper incidental expenses.
2. Bonds shall first be offered at a public sale, and if no satisfactory bid is then received, such bonds may be sold at private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the governing body, below par at a discount not exceeding 8 percent of the principal amount thereof and at a price which will not result in an effective interest rate of more than 8 percent per annum if the maximum or any lesser amount of discount permitted by the governing body has been capitalized as a cost of the service.
3. No bond interest rate shall at any time exceed the interest rate (or lower or lowest rate if more than one) borne by the special assessments, but any such bond interest rate may be the same as or less than any assessment interest rate, subject to the aforesaid limitation, as the governing body may determine.
4. The governing body may employ legal, fiscal and other expert services in connection with any service and the authorization, issuance and sale of bonds.
5. Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
6. Any unexpended balance of such bond proceeds remaining after the completion of the service for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
7. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the installation of the service for which the bonds are issued.
8. The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.
κ1971 Statutes of Nevada, Page 1244 (CHAPTER 578, SB 545)κ
Sec. 51. The assessments, when levied, shall be and remain a lien on the respective lot or parcel of land assessed until paid, and, when collected, shall be placed in a special fund and as such shall at all times constitute a sinking fund for and be deemed specially appropriated to the payment of the assessment bonds and interest thereon, and shall not be used for any other purpose until the bonds and interest thereon are fully paid.
Sec. 52. If the special fund created by the proceeds of the assessments is insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid by the public utility corporations providing the service.
Sec. 53. 1. Bonds issued pursuant hereto shall not be a debt of the municipality, and the municipality shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payment. Assessment bonds shall not be payable out of any funds other than assessments, and as provided in sections 39 and 52 of this act.
2. Each such bond issued under this chapter shall recite in substance that such bonds and the interest thereon are payable solely as provided in subsection 1.
3. The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the municipality, except for the assessments pledged for the payment of bonds. No property of the municipality shall be liable to be forfeited or taken in payment of the bonds.
Sec. 54. 1. Any ordinance authorizing any bonds under this chapter may provide that each bond therein authorized shall recite that it is issued under authority hereof.
2. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
Sec. 55. Assessment bonds shall not bear interest at a rate or rates exceeding 8 percent per annum.
Sec. 56. 1. Any assessment bonds:
(a) Shall bear such date or dates;
(b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;
(c) Shall bear interest which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;
(d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and
(e) At the option of the governing body, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 8 percent of the principal amount of each bond so redeemed,
as provided by ordinance.
2. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the governing body in the ordinance or ordinances authorizing the bonds, except as otherwise provided in this chapter.
κ1971 Statutes of Nevada, Page 1245 (CHAPTER 578, SB 545)κ
as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the governing body in the ordinance or ordinances authorizing the bonds, except as otherwise provided in this chapter.
3. Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the governing body may determine, may be issued.
4. Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law and the Uniform Commercial Code-Investment Securities.
5. Notwithstanding any other provisions of law, the governing body, in any proceedings authorizing bonds under this chapter, may:
(a) Provide for the initial issuance of one or more bonds (in this subsection 5 called bond) aggregating the amount of the entire issue or any portion thereof.
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
(d) Make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of small denominations may in turn be either coupon bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.
6. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the governing body:
(a) Proof of ownership.
(b) Proof of loss or destruction.
(c) A surety bond in twice the face amount of the bond and coupons.
(d) Payment of the cost of preparing and issuing the new bond.
7. Any bond shall be executed in the name of and on behalf of the municipality and signed by the mayor, chairman or other presiding officer of the governing body, countersigned by the treasurer of the municipality, with the seal of the municipality affixed thereto and attested by the clerk.
8. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the treasurer.
9. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
κ1971 Statutes of Nevada, Page 1246 (CHAPTER 578, SB 545)κ
bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
10. The clerk may cause the seal of the municipality to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.
11. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the municipality, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
12. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office if such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 57. Bonds and interim warrants issued hereunder, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Sec. 58. 1. All cases in which there may arise a question of validity of any power granted in this chapter or of any other provision of this chapter shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment.
2. The courts shall be open at all times for the purposes of this chapter.
Sec. 59. In any case where a notice is provided for in this chapter, if the governing body or court finds for any reason that due notice was not given, the governing body or court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or abated, but the governing body or court shall order due notice to be given and shall continue the hearing until such time as notice is properly given, and thereupon shall proceed as though notice had been properly given in the first instance.
Sec. 60. It shall be legal for the state and any of its agencies, departments or political subdivisions, or any other public body, to invest funds or moneys in the custody thereof in any of the bonds authorized to be issued pursuant to the provisions of this chapter.
Sec. 61. When the governing body of a municipality has directed the municipal treasurer to collect and enforce assessments, sections 62 to 79, inclusive, of this act shall provide the procedure therefor, except as otherwise provided in the ordinance levying the assessments; but sections 78 and 79 of this act shall also provide independent methods of enforcing assessments which shall be available to every municipality which has levied assessments and to the holders of any bond payable therefrom.
Sec. 62. All assessments and installments thereof shall be collected and enforced by the municipal treasurer at the times and in the manner provided by sections 62 to 77, inclusive, of this act and as hereafter provided. As soon as any assessment or installment becomes delinquent, the municipal treasurer shall mark the same delinquent on the assessment roll. Within 60 days thereafter, the governing body shall direct the municipal treasurer to give notice of the sale of the property or properties subject to the lien of a delinquent installment or the entire assessment if the governing body has exercised its option to cause the whole amount of the unpaid principal to become due and payable.
κ1971 Statutes of Nevada, Page 1247 (CHAPTER 578, SB 545)κ
municipal treasurer to give notice of the sale of the property or properties subject to the lien of a delinquent installment or the entire assessment if the governing body has exercised its option to cause the whole amount of the unpaid principal to become due and payable. The notice shall contain:
1. The name of each last-known owner of each lot or parcel upon which an assessment or installment thereof is delinquent, or if not known that the name is unknown.
2. A description of each lot or parcel upon which an assessment is delinquent, and the total amount due thereon, including the delinquent installment or the whole assessment, as the case may be, accrued interest upon the whole amount of unpaid principal to the date of delinquency, interest upon unpaid principal and accrued interest from the date of delinquency to the date of sale at a rate not exceeding 1 percent per month, penalties and collection costs, including attorneys fees.
3. A statement of the time and place of sale.
4. A statement that each property described will be sold to satisfy the total amount due thereon.
Sec. 63. Notice shall be given:
1. By publication; and
2. By mail.
Sec. 64. All such sales shall be made between the hours of 10 a.m. and 4 p.m. and shall take place at a convenient location within the municipality selected by the governing body. The sale shall be continued from day to day, omitting Sundays and legal holidays, until all the property described in the assessment roll on which any assessment, or installment thereof, is delinquent and unpaid is sold. All sales shall be public, and each lot, tract or parcel of land, or other property, shall be sold separately and in the order in which it appears on the assessment roll.
Sec. 65. Each lot or parcel of land sold for delinquent and unpaid special assessments, or installments thereof, shall be sold to the first person at the sale offering to pay the amount due thereon. If there is no bidder for any tract for a sum sufficient to pay such amount, the treasurer shall strike it off to the municipality. If any bidder to whom any property is stricken off at the sale does not pay the amount which the municipal treasurer was required to collect by the sale before 10 a.m. of the day following the sale, the property must then be resold, or if the assessment sale is closed, be deemed to have been sold to the municipality. A certificate of sale shall be issued to the municipality for each property stricken off to the municipality in substantially the form provided in this chapter.
Sec. 66. Within 15 days after the completion of the sale of all property described in the assessment roll upon which a delinquent assessment or installment is unpaid, the municipal treasurer shall prepare a statement of his actions concerning the sale showing all the property sold by him, to whom sold and the sums paid for each tract. Such report shall be presented to the governing body at its regular meeting next following the preparation of the statement.
Sec. 67. After receiving the amount of the assessment, or installment thereof, interest, penalty and costs, the treasurer shall make out a certificate, dated on the date of the sale, stating (when known) the name of the owner as given on the assessment roll, a description of the lot or parcel sold, the amount paid therefor, the name of the purchaser, that it was sold for an installment or the whole amount of the assessment, as the case may be, giving the name of the district or other brief designation of the improvement for which the assessment was levied, and specifying that the purchaser is entitled to a deed 2 years from the date of sale, unless redemption is made.
κ1971 Statutes of Nevada, Page 1248 (CHAPTER 578, SB 545)κ
sold, the amount paid therefor, the name of the purchaser, that it was sold for an installment or the whole amount of the assessment, as the case may be, giving the name of the district or other brief designation of the improvement for which the assessment was levied, and specifying that the purchaser is entitled to a deed 2 years from the date of sale, unless redemption is made. The certificate of sale shall be signed by the municipal treasurer and delivered to the purchaser.
Sec. 68. The municipal clerk shall be the custodian of all certificates for property sold to the municipality. At any time within 2 years from the date of a certificate and before the redemption of the property, he shall sell or transfer any certificate to any person who presents to him the treasurers receipt evidencing payment of the amount for which the property described as stricken off to the municipality, with interest continuing to accrue from the date of sale to the date of payment at a rate not exceeding 1 percent per month. The clerk may, if authorized by the governing body, sell and transfer any certificate in like manner after the expiration of 2 years of the date of the certificate.
Sec. 69. When the amount of any installment or assessment, as the case may be, with interest, penalty and costs thereon, is paid to the treasurer before the sale of any property, he shall mark it paid with the date of payment on the assessment roll. When any property sold for any assessment is redeemed the treasurer shall enter it as such with the date of redemption on the roll. Such records shall be made in the margin of the roll opposite the description of the property.
Sec. 70. When any property is bid in by, or stricken off to, any municipality under any proceeding provided by sections 61 to 69, inclusive, of this act, the property shall be held in trust by the municipality for the service district for which the assessment was levied for the amount for which the property was sold, and accrued interest at a rate of not exceeding 1 percent per month from the date on which the property was bid in by, or stricken off to, the municipality to the date of the transfer, sale or other disposition of the property. However, the municipality may at any time after receiving a deed pay to the credit of the service district the amount for which the property was sold and accrued interest, and thereupon take and hold the property discharged of the trust.
Sec. 71. Any municipality may at any time after the period of redemption has expired and deeds have been issued to the municipality by virtue of any proceedings under sections 61 to 69, inclusive, of this act, sell any such property at public action to the highest bidder for cash. No bid may be accepted for any amount less than the amount set forth in the deed, plus accrued interest on the assessment. The municipality shall pay into the credit of the district for which the property was held in trust an amount necessary fully to cancel the assessment for which the property was sold, together with all penalties and interest thereon. Any such sale shall be conducted only after notice describing the property has been given, and stating that the treasurer will, on the date specified, sell the property at a convenient location within the municipality selected by the governing body, between the hours of 10 a.m. and 4 p.m. and continue the sale from day to day, or withdraw the property from sale after the first day if he deems that the interests of the municipality so require.
κ1971 Statutes of Nevada, Page 1249 (CHAPTER 578, SB 545)κ
after the first day if he deems that the interests of the municipality so require. Notice of the sale shall be given:
1. By publication; and
2. By mail.
Sec. 72. 1. Any property sold for an assessment, or any installment thereof, shall be subject to redemption by the former owner, or his grantee, mortgagee, heir or other representative at any time within 2 years from the date of the certificate of sale, upon payment to the municipal treasurer of the amount for which the property was sold, with interest thereon at a rate of not exceeding 1 percent per month, together with all taxes and assessments, or installments thereof, interest, penalties, costs and other charges, thereon paid by the purchaser since the sale, with like interest thereon. Unless written notice of taxes and assessments subsequently paid, and the amount thereof, is deposited with the treasurer, redemption shall be made without their inclusion.
2. On any redemption being made, the treasurer shall give to the redemptioner a certificate of redemption, and pay over the amount received to the purchaser of the certificate of sale or his assigns.
3. If no redemption is made within the period of 2 years, the treasurer shall, on demand of the purchaser or his assigns, and the surrender to him of the certificate of sale, execute to the purchaser or his assigns a deed to the property. No deed may be executed until the holder of the certificate of sale has notified the owners of the property that he holds the certificate, and that he will demand a deed therefor. The notice shall be given by personal service upon the owner. However, if an owner is not a resident of the state or cannot be found within the state after diligent search, the notice may be given by publication. The notice and return thereof, with the affidavit of the person, or in the case of the municipality, of the clerk, claiming a deed, showing that service was made, shall be filed with the treasurer.
4. If redemption is not made within 60 days after the date of service, or the date of the first publication of the notice, as the case may be, the holder of the certificate of sale is entitled to a deed. The deed shall be executed only for the property described in the certificate, and after payment of all delinquent taxes and assessments, or installments thereof, whether levied or assessed before or after the issuance of the certificate of sale. A deed may be issued to any municipality for the face amount of the certificate of sale, plus accrued interest from the date of sale to the date of the execution of the deed at a rate of not exceeding 1 percent per month.
Sec. 73. The deed shall be executed in the name of the municipality by which the improvement was made and shall recite in substance the matters contained in the certificate of sale, the notice to the owner, and that no redemption has been made to the property within the time allowed by law. The deed shall be signed and acknowledged by the treasurer, as such, and is prima facie evidence that the property was assessed according to law, that it was not redeemed, that due notice of demand for deed had been given, and that the person executing the deed was the proper officer. The deed is conclusive evidence of the regularity of all proceedings regarding the assessment, up to and including the execution of the deed, and shall convey the entire fee simple title to the property described, except as otherwise provided for municipalities, stripped of all liens and claims except as provided in section 37 of this act.
κ1971 Statutes of Nevada, Page 1250 (CHAPTER 578, SB 545)κ
deed, and shall convey the entire fee simple title to the property described, except as otherwise provided for municipalities, stripped of all liens and claims except as provided in section 37 of this act.
Sec. 74. The treasurer shall charge 50 cents for the issuance of each certificate of sale and $1 for each deed.
Sec. 75. The purchaser of any certificate of sale acquires a lien on the property bid in by him for the amount paid plus all taxes and delinquent assessments or delinquency, and all interest, penalties, costs and charges thereon, whether levied before or after the sale, and paid by him. The purchaser is entitled to interest at the rate of 1 percent per month on the original amount paid by him from the date of the sale and upon subsequent payments from the date of payment of respective amounts.
Sec. 76. In any proceeding to foreclose a lien for general taxes upon any lot or parcel of land subject to an assessment lien, mailed notice shall be given the treasurer of the municipality in which the property is located within 5 days after such proceeding is commenced.
Sec. 77. Within 30 days after the maturity of the last installment of any issue of bonds for the service district, if any such bonds or interest coupons remain unpaid, any property remaining unsold, to which the municipality has taken title or on which it holds a certificate of sale, shall be offered for sale by giving notice of the time and place of sale by publication and by mail. At the time and place designated in the notice the treasurer shall offer such property for sale to the highest bidder. Upon the sale of any property and payment therefor, a deed shall be executed to the purchaser in substantially the same manner as herein provided for the execution of deeds.
Sec. 78. 1. Irrespective of which county or municipal officer has been directed to collect and enforce assessments, any municipality may proceed with the collection or enforcement of any delinquent installment, or the entire assessment if the municipality has exercised its option to cause the whole amount of principal to become due and payable, by an action brought in the district court in and for the county in which the municipality is located. It is not necessary to bring a separate suit for each lot or parcel of property delinquent, but all or any part of the property delinquent under any single assessment roll or service district may be proceeded against in the same action, and any or all of the owners or persons interested in any of the property may be joined as parties defendant in the action to foreclose, and any and all liens for delinquent assessments or installments may be foreclosed in the proceedings.
2. The proceedings shall be tried before the court without a jury. In any such proceeding, it is sufficient to allege the passage of the ordinance for creating the service district, the installment of the service, the levying of assessments, the date of delinquency of the assessment or installment, and that it was not wholly paid prior to the delinquency or at all. The assessment roll and assessment ordinance, or authenticated copies thereof, are prima facie evidence of the regularity and legality of the proceedings connected therewith, and the burden of proof is upon the defendants.
3. In any action where the owners or parties interested in any particular lot or parcel included in the suit suffer a default, the court may enter judgment of foreclosure and sale as to those parties property and order execution thereon, and the sale may proceed as to the remaining defendants and property.
κ1971 Statutes of Nevada, Page 1251 (CHAPTER 578, SB 545)κ
execution thereon, and the sale may proceed as to the remaining defendants and property. The judgment of the court shall specify separately the amount of the assessment or installment, with interest, penalty and collection costs, including reasonable attorneys fees, chargeable to the several lots or parcels in the proceedings. The judgment has the effect of a separate judgment, and any appeal shall not invalidate or delay it except as to property which is the subject of the appeal. Judgment may be entered as to any one or more lots or parcels of land involved, and the court may retain jurisdiction of the case as to the balance.
4. All proceedings supplemental to the judgment, including appeal, period of redemption, sale and the issuance of a deed, shall be conducted in accordance with the law relating to property sold upon foreclosure of mortgages or liens upon real property, except that there shall be no personal liability upon the defendants for any deficiency in the proceeds of such sale.
Sec. 79. 1. If any assessment or installment thereof is not promptly collected or enforced, then any bondholder may file and prosecute a foreclosure action in the name of the municipality. Any bondholder may also proceed against such municipality to protect and enforce the rights of the bondholders by suit, action or special proceedings in equity or at law, either for the appointment of a receiver or for the specific performance of any provisions contained in this chapter or in such ordinance or in an award of execution of any power granted in this chapter for the enforcement of any proper, legal or equitable remedy as such bondholder or bondholders may deem most effectual to protect and enforce such rights.
2. All such proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all holders of the bonds and coupons then outstanding. The failure of the bondholders so to foreclose such delinquent assessments, or so to proceed against the municipality, or both, shall not relieve the municipality or any of its officers, agents or employees of any liability for its failure so to foreclose such delinquent assessments.
Sec. 80. The provisions of sections 2 to 81, inclusive, of this act are supplemental to and cumulative of existing rights, laws, local charters, ordinances and franchises and shall not be deemed to abrogate or modify:
1. The provisions of any franchise granted to public utility corporations by any local government; or
2. In any way, existing rights, laws, charters or ordinances of any local government.
Sec. 81. If any provision of sections 2 to 81, inclusive, of this act is held invalid, such invalidity shall not invalidate sections 2 to 81, inclusive, of this act, and to this end the provisions of sections 2 to 81, inclusive, of this act are declared to be severable.
________
κ1971 Statutes of Nevada, Page 1252κ
Assembly Bill No. 280Committee on Agriculture
CHAPTER 579
AN ACT relating to pest control; regulating custom application of pesticides; providing penalties; and providing other matters properly relating thereto.
[Approved April 26, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 555 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 22, inclusive, of this act.
Sec. 2. As used in NRS 555.270 to 555.460, inclusive, and sections 2 to 22, inclusive, of this act, the words and terms defined in sections 3 to 20, inclusive, of this act have the meanings ascribed to them in sections 3 to 20, inclusive, of this act, unless the context otherwise requires.
Sec. 3. Agent means any person who serves as a resident agent or solicits business in behalf of a custom pest control operator. Agent does not include a chemical supplier who solicits on behalf of an applicator.
Sec. 4. Aircraft means any contrivance now known or hereafter invented, used or designed for navigation of, or flight in, the air.
Sec. 5. Custom application of pesticides means any application of pesticides by aircraft or ground equipment for hire, including application made on new construction of residence buildings or building slabs by contractors or builders.
Sec. 6. Defoliant means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission.
Sec. 7. Desiccant means any substance or mixture of substances intended to accelerate the drying of plant tissues artificially.
Sec. 8. Executive director means the executive director of the state department of agriculture.
Sec. 9. Fungi means all nonchlorophyll-bearing thallophytes (that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts and bacteria, except those on or in living man or other animals.
Sec. 10. Ground equipment means any machine or device (other than aircraft) for use on land or water, designed for, or adaptable to, use in applying pesticides as sprays, dusts, aerosols or fogs, or in other forms.
Sec. 11. Insect means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms, as for example beetles, bugs, wasps and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as for example spiders, mites, ticks, centipedes and wood lice.
Sec. 12. Nematode means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle, and inhabiting soil, water, plants or plant parts, also called nemas or eelworms.
κ1971 Statutes of Nevada, Page 1253 (CHAPTER 579, AB 280)κ
Sec. 13. Person means any individual, firm, partnership, association, corporation, company, joint-stock association or body politic, or any organized group of persons, whether incorporated or not, and includes any trustee, receiver, assignee or other similar representative thereof.
Sec. 14. Pest means, but is not limited to, any insect, fungus, rodent, nematode, snail, slug, weed and any form of plant or animal life or virus (except virus on or in living man or other animal) which is normally considered to be a pest or which the executive director may declare to be a pest.
Sec. 15. Pesticide means, but is not limited to:
1. Any substance or mixture of substances, including any living organisms or any product derived therefrom or any fungicide, herbicide, insecticide, nematocide or rodenticide, intended to prevent, destroy, control, repel, attract or mitigate any insect, rodent, nematode, snail, slug, fungus, weed and any other form of plant or animal life or virus (except virus on or in living man or other animals) which is normally considered to be a pest or which the executive director may declare to be a pest.
2. Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant, and any other substances intended for such use as may be named by the executive director by regulation after calling a public hearing for such purpose.
Sec. 16. Plant regulator means any substance or mixture of substances intended through physiological action to accelerate or retard the rate of growth or maturation, or otherwise to alter the behavior of plants, but does not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments.
Sec. 17. Public operator means any person in charge of any equipment used by state agencies, municipal corporations, public utilities, or other governmental agencies applying pesticides.
Sec. 18. Snails or slugs include all harmful mollusks.
Sec. 19. Weed means any plant or part thereof which grows where not wanted.
Sec. 20. Wildlife means all living things that are neither human, domesticated, nor, as defined in section 14 of this act, pests, including but not limited to mammals, birds and aquatic life.
Sec. 21. All state agencies, municipal corporations and public utilities or any other governmental agency shall be subject to the provisions of NRS 555.270 to 555.460, inclusive, and sections 2 to 22, inclusive, of this act and rules adopted thereunder concerning the application of pesticides by any person. The public operators in charge of any equipment used by any state agencies shall be subject to the provisions of NRS 555.300. The executive director shall issue a limited license without a fee to such public operators which shall be valid only when such public operators are acting as operators on equipment used by such entities. However, government research personnel shall be exempt from this licensing requirement when applying pesticides to experimental plots.
Sec. 22. 1. The provisions of NRS 555.270 to 555.460, inclusive, and sections 2 to 22, inclusive, of this act relating to licenses and requirements for their issuance shall not apply to any farmer-owner of ground equipment applying pesticides for himself or his neighbors, if:
κ1971 Statutes of Nevada, Page 1254 (CHAPTER 579, AB 280)κ
(a) He operates farm property and operates and maintains pesticide-application equipment primarily for his own use.
(b) He is not regularly engaged in the business of applying pesticides for hire amounting to a principal or regular occupation, and he does not publicly hold himself out as a pesticide applicator.
(c) He operates his pesticide-application equipment only in the vicinity of his own property and for the accommodation of his neighbors for agricultural purposes only.
2. The provisions of NRS 555.270 to 555.460, inclusive, and sections 2 to 22, inclusive, of this act shall not apply to any person using hand-powered equipment, devices or contrivances to apply pesticides to lawns, or to ornamental shrubs and trees not in excess of 12 feet high, as an incidental part of his business of taking care of household lawns and yards for remuneration, if such person does not publicly hold himself out as being in the business of applying pesticides.
Sec. 23. NRS 555.270 is hereby amended to read as follows:
555.270 It is the policy of this state and the purpose of NRS [555.260] 555.270 to 555.460, inclusive, and sections 2 to 22, inclusive, of this act, to regulate, in the public interest, the custom application of [economic poisons,] pesticides which, although valuable for the control of pests, may seriously injure man, animals and crops over wide areas if not properly applied.
Sec. 24. NRS 555.280 is hereby amended to read as follows:
555.280 No person shall engage in custom application of [economic poisons] pesticides or serve as an agent, operator or pilot within this state at any time without a license issued by the executive director.
Sec. 25. NRS 555.300 is hereby amended to read as follows:
555.300 1. The executive director may require the applicant to show, upon examination, that he possesses adequate knowledge concerning the proper use and application of [economic poisons] pesticides and the dangers involved and precautions to be taken in connection with their application.
2. If the applicant is other than an individual, the applicant shall designate an officer, member or technician of the organization to take the examination, such designee to be subject to the approval of the executive director. If the extent of the applicants operations warrant it, the executive director may require more than one officer, member or technician to take the examination.
Sec. 26. NRS 555.320 is hereby amended to read as follows:
555.320 1. If the executive director finds the applicant qualified, and upon the applicants appointing the executive director agent for service of process and finding that the applicant has satisfied the requirements of NRS 555.330, the executive director shall issue a license to perform custom application of [economic poisons] pesticides within this state.
2. The license period is the fiscal year. All licenses shall expire on June 30 of each year. The license may be renewed annually upon application to the executive director and payment of the license fee on or before July 31 of each year.
3. A penalty fee of $5 shall be charged for failure to pay the renewal fee when due unless the application for renewal is accompanied by a written statement signed by the applicant that he has not made any application of [economic poisons] pesticides from the time of expiration of his prior license to the time of application for renewal.
κ1971 Statutes of Nevada, Page 1255 (CHAPTER 579, AB 280)κ
fee when due unless the application for renewal is accompanied by a written statement signed by the applicant that he has not made any application of [economic poisons] pesticides from the time of expiration of his prior license to the time of application for renewal.
4. The license may restrict the licensee to the use of a certain type or types of equipment or materials if the executive director finds that the applicant is qualified to use only such type or types.
5. If a license is not issued as applied for, the executive director shall inform the applicant in writing of the reasons therefor.
Sec. 27. NRS 555.330 is hereby amended to read as follows:
555.330 1. The executive director shall require from each applicant for a custom pest control license proof of public liability and property damage insurance in an amount not less than $10,000, nor more than $200,000. The executive director may accept a liability insurance policy or surety bond in the proper amount which has a deductible clause in an amount not exceeding $500 for aerial applicators and $250 for all other applicators for the total amount of liability insurance or surety bond required. However, if the applicant has not satisfied the requirement of the deducible amount in any prior legal claim, such deductible clause shall not be accepted by the executive director unless such applicant furnishes a surety bond or liability insurance which satisfies the amount of the deductible as to all claims that may arise in his application of pesticides.
2. The executive director may require drift insurance for operators employing [economic poisons] pesticides or other materials declared hazardous or dangerous to man, livestock, wildlife, crops or plantlife.
3. Any person injured by the breach of any such obligation shall be entitled to sue in his own name in any court of competent jurisdiction to recover the damages he may have sustained by such breach, providing each claim is made within 6 months after the alleged injury.
4. The executive director on his own motion may, or upon receipt of a verified complaint of an interested person shall, investigate, as he deems necessary, any loss or damage resulting from the application of any pesticide by a licensed custom pest control operator. Verified complaint of loss or damage must be filed within 60 days from the time that the occurrence of such loss or damage becomes known; or if a growing crop is alleged to have been damaged, such verified complaint shall be filed prior to the time 50 percent of the crop has been harvested. A report of investigations resulting from a verified complaint shall be furnished to the complainant.
Sec. 28. NRS 555.340 is hereby amended to read as follows:
555.340 The executive director may issue a license without examination to a nonresident who is licensed in another state substantially in accordance with the provisions of NRS [555.260] 555.270 to 555.460, inclusive.
Sec. 29. NRS 555.350 is hereby amended to read as follows:
555.350 1. The executive director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke or modify any license issued under NRS [555.260] 555.270 to 555.460, inclusive, and sections 2 to 22, inclusive, of this act if he finds that:
κ1971 Statutes of Nevada, Page 1256 (CHAPTER 579, AB 280)κ
(a) The licensee is no longer qualified;
(b) The licensee has engaged in fraudulent business practices in the custom application of [economic poisons;
(c)] pesticides;
(c) The licensee has made false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized;
(d) The licensee has applied known ineffective or improper materials;
(e) The licensee operated faulty or unsafe equipment;
(f) The licensee has made any custom application in a faulty, careless or negligent manner;
[(d)] (g) The licensee has violated any of the provisions of NRS [555.260] 555.270 to 555.460, inclusive, and sections 2 to 22, inclusive, of this act or regulations made thereunder; [or
(e)] (h) The licensee engaged in the business of the application of a pesticide without having a licensed applicator or operator in direct on-the-job supervision;
(i) The licensee aided or abetted a licensed or an unlicensed person to evade the provisions of NRS 555.270 to 555.460, inclusive, combined or conspired with such a licensee or an unlicensed person to evade such provisions, or allowed ones license to be used by an unlicensed person; or
(j) The licensee was intentionally guilty of fraud or deception in the procurement of his license.
2. A license shall be suspended automatically, without action of the executive director, if the proof of public liability and property damage or drift insurance filed pursuant to NRS 555.330, is canceled, and the license shall remain suspended until such insurance is reestablished.
Sec. 30. NRS 555.370 is hereby amended to read as follows:
555.370 The executive director may provide for inspection of any ground equipment or of any device or apparatus used for custom application of [economic poisons] pesticides by aircraft, and may require proper repairs or other changes before its further use for custom application.
Sec. 31. NRS 555.380 is hereby amended to read as follows:
555.380 1. The executive director may, by regulation, prescribe materials or methods to be used and prohibit the use of materials or methods in custom application of [economic poisons,] pesticides, to the extent necessary to protect health or to prevent injury by reason of the drifting, washing or application of such materials to desired plants or animals, including pollinating insects and aquatic life, on property other than that owned or leased by the person for whom the materials are applied.
2. In issuing such regulations, the executive director shall give consideration to pertinent research findings and recommendations of other agencies of this state or of the Federal Government.
Sec. 32. NRS 555.400 is hereby amended to read as follows:
555.400 1. The executive director may make regulations for carrying out the provisions of NRS [555.260] 555.270 to 555.460, inclusive [;] , and sections 2 to 22, inclusive, of this act; but such regulations shall not be inconsistent with regulations issued by this state or by the Federal Government respecting safety in air navigation or operation of aircraft.
κ1971 Statutes of Nevada, Page 1257 (CHAPTER 579, AB 280)κ
2. Before issuing regulations directly relating to any matter within the jurisdiction of any official of this state, the executive director shall consult with that official with reference thereto.
Sec. 33. NRS 555.410 is hereby amended to read as follows:
555.410 The executive director may, in cooperation with the University of Nevada System, publish information regarding injury which may result from improper application or handling of [economic poisons] pesticides and methods and precautions designed to prevent such injury.
Sec. 34. NRS 555.420 is hereby amended to read as follows:
555.420 For the purpose of carrying out the provisions of NRS [555.260] 555.270 to 555.460, inclusive, and sections 2 to 22, inclusive, of this act, the executive director and his duly appointed inspectors may enter upon any public or private premises at reasonable times in order to have access for the purpose of inspecting any aircraft or ground equipment subject to NRS [555.260] 555.270 to 555.460, inclusive [.] and sections 2 to 22, inclusive, of this act.
Sec. 35. NRS 555.460 is hereby amended to read as follows:
555.460 Any person violating the provisions of NRS [555.260] 555.270 to 555.420, inclusive, and sections 2 to 22, inclusive, of this act, or the regulations issued thereunder shall be guilty of a misdemeanor.
Sec. 36. NRS 561.305 is hereby amended to read as follows:
561.305 The department shall establish and maintain a laboratory or laboratories for the following purposes:
1. The diagnosis of infectious, contagious and parasitic diseases of livestock, as may be necessary under the provisions of chapter 571 of NRS.
2. The diagnosis of infectious, contagious and parasitic diseases of bees, as may be necessary under the provisions of NRS 552.085 to 552.310, inclusive.
3. The diagnosis of infectious, contagious and destructive diseases of agricultural commodities, and infestations thereof by pests, as may be necessary under the provisions of NRS 554.010 to 554.240, inclusive.
4. The survey and identification of insect pests, plant diseases and noxious weeds, and the maintenance of a herbarium, as may be necessary under the provisions of NRS 555.010 to 555.249, inclusive.
5. The testing of [economic poisons, insecticides, fungicides, herbicides and rodenticides] pesticides, as may be necessary under the provisions of NRS 586.010 to 586.450, inclusive, and NRS [555.260] 555.270 to 555.460, inclusive.
6. The safekeeping and maintenance of official standards of weights and measures as may be necessary under the provisions of chapter 581 of NRS.
7. The testing and grading of agricultural products and the testing of the purity and germinating power of agricultural [seeds,] seeds and the testing of the spray residue contained in produce, as may be necessary under the provisions of chapter 587 of NRS.
8. The analysis and testing of commercial fertilizers and agricultural minerals as may be necessary under the provisions of NRS 588.010 to 588.350, inclusive.
9. The analysis and testing of petroleum products, as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.
κ1971 Statutes of Nevada, Page 1258 (CHAPTER 579, AB 280)κ
10. The analysis and testing of antifreeze, as may be necessary under the provisions of NRS 590.340 to 590.450, inclusive.
11. Any laboratory examinations, diagnoses, analyses or testing as may be deemed necessary by the executive director and which can be made with equipment available in any such laboratory. Any citizen shall have the privilege of submitting samples to the department for examination, diagnosis, analysis or testing, subject to such rules and regulations as may be promulgated by the executive director.
Sec. 37. NRS 561.385 is hereby amended to read as follows:
561.385 1. The agriculture registration and enforcement fund is hereby created in the state treasury for the use of the department.
2. The following fees shall be deposited in the agriculture registration and enforcement fund:
(a) Fees collected under the provisions of NRS 586.010 to 586.450, inclusive.
(b) Fees collected under the provisions of NRS 588.010 to 588.350, inclusive.
(c) Fees collected under the provisions of NRS 590.340 to 590.450, inclusive.
(d) Laboratory fees collected for the testing of [economic poisons, insecticides, fungicides, herbicides and rodenticides,] pesticides as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 586.010 to 586.450, inclusive, and NRS [555.260] 555.270 to 555.460, inclusive.
(e) Laboratory fees collected for the analysis and testing of commercial fertilizers and agricultural minerals, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 588.010 to 588.350, inclusive.
(f) Laboratory fees collected for the analysis and testing of petroleum products, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 590.010 to 590.150, inclusive.
(g) Laboratory fees collected for the analysis and testing of antifreeze, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 590.340 to 590.450, inclusive.
3. Expenditures from the agriculture, registration and enforcement fund shall be made only for the purposes of carrying out the provisions of chapters 586, 588 and 590 of NRS, NRS [555.260] 555.270 to 555.460, inclusive, and the provisions of this chapter.
Sec. 38. NRS 555.260 and 555.340 are hereby repealed.
________
κ1971 Statutes of Nevada, Page 1259κ
Assembly Bill No. 783Committee on Commerce
CHAPTER 580
AN ACT relating to trade regulations and practices; declaring certain acts to be unfair practices in the solicitation of land sales; authorizing counties and cities to license and regulate practices connected with solicitation of customers for land sales; providing penalties; and providing other matters properly relating thereto.
[Approved April 26, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 52 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. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 5, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 3. Customer means any person solicited to purchase any land or interest therein, located in this state or elsewhere.
Sec. 4. Person means any individual, firm, corporation or association.
Sec. 5. Solicitation means any conduct for the procurement of prospective customers or any offer of sale, option or reservation of any land or interest therein located in this state or elsewhere, and includes, but is not limited to, any of the following methods to carry out such purposes:
1. Advertising.
2. Offering gifts or other free benefits.
3. Promoting group meetings.
4. Using slides or movies.
Sec. 6. 1. Consistent with the provisions of this chapter, the board of county commissioners of any county and the governing body of an incorporated city may license and regulate any practice connected with the solicitation of customers for land sales.
2. In any county or incorporated city in which the board of county commissioners or governing body has adopted an ordinance requiring the licensing of any person engaged in solicitation, it is unlawful for any person to commit any act of solicitation without first obtaining such license.
Sec. 7. 1. In the solicitation of any customer, it is an unfair practice for any person to commit any of the following acts:
(a) To misrepresent any material fact.
(b) To conceal any material fact.
(c) To make any false or deceptive statement.
(d) To fail to disclose any conditions or obligations connected with any gift or other free benefit offered to such customer.
(e) To contact anyone for the purpose of soliciting such person to attend a land sales presentation without first disclosing such purpose.
2. Any person committing any such unfair practice is guilty of a misdemeanor.
3. In addition to the penalty provided in subsection 2, the board of county commissioners or governing body of an incorporated city may, by ordinance, prohibit, and provide a penalty for, the commission of any unfair trade practice.
κ1971 Statutes of Nevada, Page 1260 (CHAPTER 580, AB 783)κ
county commissioners or governing body of an incorporated city may, by ordinance, prohibit, and provide a penalty for, the commission of any unfair trade practice.
Sec. 8. The penalties provided in this chapter shall be cumulative with respect to any other provision of law.
Sec. 9. This act shall become effective upon passage and approval.
________
Senate Bill No. 635Committee on Finance
CHAPTER 581
AN ACT making appropriations from the general fund, the fish and game fund and the state highway fund, all in the state treasury, for the support of the state planning board in carrying out a program of capital improvements for the State of Nevada; authorizing the adjutant general, on behalf of the department of the military, to expend certain moneys; stating the powers, duties and responsibilities of the state planning board and other state officers; and providing other matters properly relating thereto.
[Approved April 26, 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 for the support of the state planning board in carrying out the program of capital improvements set forth in sections 2 to 18, inclusive, of this act the sum of $4,908,200.
Sec. 2. The sum of $150,000 of the moneys appropriated in section 1 of this act is hereby allocated for the acquisition of land for the University of Nevada, Las Vegas.
Sec. 3. The sum of $826,600 of the moneys appropriated in section 1 of this act is hereby allocated for the construction and improvement of athletic fields for the University of Nevada, Las Vegas.
Sec. 4. The sum of $30,000 of the moneys appropriated in section 1 of this act is hereby allocated for the construction of custodial residences for the Nevada state parks system.
Sec. 5. The sum of $1,000,000 of the moneys appropriated in section 1 of this act is hereby allocated for the repair and remodeling of buildings at the Nevada state hospital, Washoe County, Nevada.
Sec. 6. The sum of $159,300 of the moneys appropriated in section 1 of this act is hereby allocated for the construction of a central supply building at the Nevada state hospital, Washoe County, Nevada.
Sec. 7. The sum of $898,000 of the moneys appropriated in section 1 of this act is hereby allocated for the construction of a classroom building for and the making of miscellaneous improvements at the Nevada youth training center in Elko County, Nevada.
Sec. 8. The sum of $714,100 of the moneys appropriated in section 1 of this act is hereby allocated for site development and the construction of five cottages and a multipurpose building for the Boulder City facility of the childrens home division of the department of health, welfare and rehabilitation.
κ1971 Statutes of Nevada, Page 1261 (CHAPTER 581, SB 635)κ
of the childrens home division of the department of health, welfare and rehabilitation.
Sec. 9. The sum of $54,200 of the moneys appropriated in section 1 of this act is hereby allocated for the installation of central television antenna systems at the maximum and medium security prisons and replacement of the radio-phonograph system in the maximum security prison of the Nevada state prison.
Sec. 10. The sum of $35,000 of the moneys appropriated in section 1 of this act is hereby allocated for paving the visitor parking area at the maximum security prison and the perimeter road at the medium security prison of the Nevada state prison.
Sec. 11. The sum of $223,400 of the moneys appropriated in section 1 of this act is hereby allocated for the construction of an addition to the womens prison of the Nevada state prison.
Sec. 12. The sum of $240,200 of the moneys appropriated in section 1 of this act is hereby allocated for the construction of a central supply building at the medium security prison of the Nevada state prison.
Sec. 13. The sum of $75,000 of the moneys appropriated in section 1 of this act is hereby allocated for the construction of an addition to the central bakery at the medium security prison of the Nevada state prison.
Sec. 14. The sum of $253,500 of the moneys appropriated in section 1 of this act is hereby allocated for the construction of an addition to the classroom building and the making of miscellaneous improvements at the Nevada girls training center in Lincoln County, Nevada.
Sec. 15. The sum of $101,200 of the moneys appropriated in section 1 of this act is hereby allocated for making site developments and miscellaneous improvements at the Southern Nevada comprehensive mental health center in Clark County, Nevada.
Sec. 16. The sum of $75,500 of the moneys appropriated in section 1 of this act is hereby allocated for the construction of a fire station for the division of forestry of the state department of conservation and natural resources at Lake Tahoe, Nevada.
Sec. 17. The sum of $38,000 of the moneys appropriated in section 1 of this act is hereby allocated for reroofing the governors mansion and the building of the buildings and grounds division of the department of administration in Carson City, Nevada.
Sec. 18. The sum of $34,200 of the moneys appropriated in section 1 of this act is hereby allocated for making safety corrections to the central heating plant of the Nevada state childrens home, Carson City, Nevada.
Sec. 19. 1. There is hereby appropriated from the general fund in the state treasury for the support of the state planning board the sum of $400,000 for the construction of a fish hatchery for the Nevada department of fish and game at or near Lake Mead in Clark County, Nevada.
2. There is hereby appropriated from the fish and game fund in the state treasury for the support of the state planning board the sum of $580,000 for the construction of a fish hatchery for the Nevada department of fish and game at or near Lake Mead in Clark County, Nevada.
Sec. 20. There is hereby appropriated from the fish and game fund in the state treasury for the support of the state planning board the sum of $69,700 for the construction of a district headquarters building for the Nevada department of fish and game in Elko County, Nevada.
κ1971 Statutes of Nevada, Page 1262 (CHAPTER 581, SB 635)κ
of $69,700 for the construction of a district headquarters building for the Nevada department of fish and game in Elko County, Nevada.
Sec. 21. There is hereby appropriated from the fish and game fund in the state treasury for the support of the state planning board the sum of $35,200 for the construction of a shop and office building additions at Overton and at the Las Vegas district headquarters of the Nevada department of fish and game in Clark County, Nevada.
Sec. 22. There is hereby appropriated from the state highway fund in the state treasury for the support of the state planning board the sum of $25,900 for making miscellaneous improvements to the Reno and Carson City offices of the department of motor vehicles.
Sec. 23. There is hereby appropriated from the state highway fund in the state treasury for the support of the state planning board the sum of $1,000,000 for the construction of a branch office building for the department of motor vehicles in Clark County, Nevada.
Sec. 24. 1. The adjutant general, as director of the department of the military, is authorized to expend the sum of $5,747.98, being account no. 403-3651-43 and representing the balance remaining of the appropriation made by chapter 379, Statutes of Nevada 1955, together with any proceeds received by the department of the military for the sale of property and any funds received from the Federal Government for the construction, expansion, rehabilitation or conversion of arsenals and armories as that term is defined in NRS 412.092.
2. The state planning board shall comply with the provisions of NRS 412.098 concerning such construction, expansion, rehabilitation or conversion.
Sec. 25. 1. The state planning board is hereby charged with the duty of carrying out the provisions of this act:
(a) As provided in chapter 341 of NRS; and
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction of the capital improvements set forth in this act.
2. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specification required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to the construction of such work.
3. All work authorized by this act shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.
4. Except as provided in subsection 5 of this section, the state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for each construction project designated in this act. Approved plans and specifications for such construction shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on part or parts of such construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
κ1971 Statutes of Nevada, Page 1263 (CHAPTER 581, SB 635)κ
construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
5. The state planning board shall not be required to advertise for sealed bids for construction projects the estimated cost of which is less than $5,000, but the state planning board may solicit firm written bids from not less than two licensed contractors doing business in the area and may thereafter award the contract to the lowest bidder or reject all bids.
Sec. 26. This act shall become effective upon passage and approval.
________
Assembly Bill No. 353Messrs. Mello, Hilbrecht, Bryan, Branch and Schofield
CHAPTER 582
AN ACT making it unlawful for private employers to take tips or gratuities bestowed upon their employees or to apply such tips or gratuities as a credit toward the payment of the statutory minimum hourly wage; and providing other matters properly relating thereto.
[Approved April 26, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 608.160 is hereby amended to read as follows:
608.160 1. [Every person who takes all or any part of any tips or gratuities bestowed upon his employees, or who credits the same toward payment of his employees wages, shall, and is hereby required to, post in a conspicuous place where it can be easily seen by the public, upon the premises where such employees are employed and work, a notice to the public that tips or gratuities bestowed on employees go or belong to the employer. Such notice shall contain the words Notice: Tips Given Employees Belong to Management. The letters of these words shall be in bold black type at least 1 inch in height.
2. Any person who takes all or any part of the tips or gratuities bestowed upon his employees without posting the notice required to be posted by subsection 1 shall be guilty of a misdemeanor.] It is unlawful for any person to:
(a) Take all or part of any tips or gratuities bestowed upon his employees.
(b) Apply as a credit toward the payment of the statutory minimum hourly wage any tips or gratuities bestowed upon his employees.
2. Nothing contained in this section shall be construed to prevent such employees from entering into an agreement to divide such tips or gratuities among themselves.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 1264κ
Assembly Bill No. 798Committee on Government Affairs
CHAPTER 583
AN ACT relating to planning and zoning; specifying the time within which actions or proceedings seeking judicial relief or review from or with respect to any final actions, decisions or orders of governing bodies, commissions or boards must be commenced; and providing other matters properly relating thereto.
[Approved April 26, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No action or proceeding shall be commenced for the purpose of seeking judicial relief or review from or with respect to any final action, decision or order of any governing body, commission or board granting or changing any land use classification or granting any special use or variance authorized by NRS 278.010 to 278.630, inclusive, unless such action or proceeding is commenced within 25 days from the date of filing of notice of such final action with the clerk or secretary of such governing body, commission or board.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 622Messrs. McKissick and Fry
CHAPTER 584
AN ACT relating to the right of contribution among joint tortfeasors; and providing other matters properly relating thereto.
[Approved April 26, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 17 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. 1. Where two or more persons have become jointly or severally liable in tort for the same injury to person or property, or for the same wrongful death, there shall be a right of contribution among them as set forth in sections 2 to 11, inclusive, of this act.
2. A joint tortfeasor is not entitled to contribution until he has, by payment, discharged the common liability or has paid more than his pro rata share thereof.
3. A joint tortfeasor who enters into a settlement with the injured person is not entitled to contribution from another joint tortfeasor whose liability is not extinguished by the settlement.
4. The relative degrees of fault of the joint tortfeasors shall be considered in determining their pro rata shares of liability and contribution.
κ1971 Statutes of Nevada, Page 1265 (CHAPTER 584, AB 622)κ
Sec. 3. The recovery of a judgment by the injured person against one of the joint tortfeasors does not discharge the other joint tortfeasors.
Sec. 4. 1. The release of one joint tortfeasor by the injured person, whether before or after judgment, does not discharge the other joint tortfeasors unless the release so provides; but the release reduces the claim against the other joint tortfeasors in the amount of the consideration paid for the release, or the amount stipulated, whichever is greater.
2. The release of one joint tortfeasor by the injured person does not relieve him from liability for contribution to another joint tortfeasor unless the release provides for a reduction, to the extent of the pro rata share of the released joint tortfeasor, of the injured persons damages recoverable against all the other joint tortfeasors.
3. Except as limited by subsections 1 and 2, the right of an injured person to release in full the liability of a joint tortfeasor, or to satisfy in full a judgment against a joint tortfeasor judgment debtor, shall remain unimpaired.
Sec. 5. There shall be no right of contribution in favor of any joint tortfeasor who has intentionally caused or contributed to the injury or wrongful death.
Sec. 6. This act shall impair any right of indemnity under existing law, and where one joint tortfeasor is entitled to indemnity from another there shall be no right of contribution between them.
Sec. 7. A liability insurer who, by payment, has discharged the liability of a joint tortfeasor shall be subrogated to his right of contribution.
Sec. 8. The right of contribution set forth in sections 2 to 11, inclusive, of this act, may be asserted:
1. In an action brought by the injured person against two or more joint tortfeasors, by the third-party practice or appropriate motion for joinder of parties, in the manner provided by the Nevada Rules of Civil Procedure.
2. After payment by one joint tortfeasor discharging the common liability or paying more than his pro rata share, by separate action against the person from whom contribution is sought.
Sec. 9. In determining the pro rata shares of joint tortfeasor in the entire liability:
1. Principles of equity applicable generally to contribution shall be applied.
2. The relative degrees of fault shall be determined so that no joint tortfeasor shall be called upon to bear more than his share of the liability as between the joint tortfeasors; but this principle shall not affect the right of the injured person to recovery from all those liable for the injury.
3. Where one or more persons are held liable solely for the tort of one of them, as in the case of a master for the tort of his servant, they shall contribute a single pro rata share, as to which there may be indemnity as between them.
Sec. 10. Action to enforce contribution shall be commenced within 1 year after:
1. Judgment against the tortfeasors or the joint tortfeasor seeking contribution has become final; or
2. Discharge of the common liability by payment; or
κ1971 Statutes of Nevada, Page 1266 (CHAPTER 584, AB 622)κ
3. Satisfaction of the judgment upon payment of consideration accepted by the injured person.
Sec. 11. 1. Sections 2 to 10, inclusive, of this act apply to causes of action arising on or after the effective date of this act.
2. As used in section 10 of this act and this section, action or cause of action refers to an action for contribution and not to the tort action under which joint, or joint and several, liability arose.
________
Assembly Bill No. 569Committee on Elections
CHAPTER 585
AN ACT relating to elections; redefining elector and amending the qualifications of a voter to comply with the Voting Rights Act Amendments of 1970; granting 18-year-olds equal political party status; providing for alternative amended sections of NRS to become effective as a result of a state special election to be held June 8, 1971; and providing other matters properly relating thereto.
[Approved April 26, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Registered voters between 18 and 21 years of age are entitled to political party participation and membership under NRS 293.130 to 293.173, inclusive, in the same manner as other registered voters.
Sec. 2. NRS 293.055 is hereby amended to read as follows:
293.055 Elector means [a] :
1. A person who is eligible to vote under the provisions of section 1 of [article] Article 2 of the constitution of the State of Nevada.
2. For the purpose of determining eligibility to vote in any primary or general election for electors for President or Vice President of the United States or for Senator or Representative in Congress, a person who has attained the age of 18 years, and who is otherwise eligible to vote under the provisions of section 1 of Article 2 of the constitution of the State of Nevada.
Sec. 3. NRS 293.485 is hereby amended to read as follows:
293.485. 1. Except as provided in section 1 of Article 2 of the constitution of the State of Nevada, every citizen of the United States, 21 years of age or over [,] or 18 years of age or over for the purpose of electing the President or Vice President of the United States or a Senator or Representative in Congress, who has continuously resided in this state 6 months and in the county 30 days and in the precinct 10 days next preceding the day of the next succeeding primary or general election, and who has registered in the manner provided in this chapter, shall be entitled to vote at such election.
2. This section shall not be construed to exclude the registration of eligible persons whose 21st birthday, 18th birthday or the date of whose completion of the required residence occurs on or before the next succeeding, applicable primary, general or other election.
κ1971 Statutes of Nevada, Page 1267 (CHAPTER 585, AB 569)κ
completion of the required residence occurs on or before the next succeeding, applicable primary, general or other election.
Sec. 4. NRS 293.485 is hereby amended to read as follows:
293.485 1. Except as provided in section 1 of Article 2 of the constitution of the State of Nevada, every citizen of the United States [21] 18 years of age or over, who has continuously resided in this state 6 months and in the county 30 days and in the precinct 10 days next preceding the day of the next succeeding primary or general election, and who has registered in the manner provided in this chapter, shall be entitled to vote at such election.
2. This section shall not be construed to exclude the registration of eligible persons whose [21st] 18th birthday or the date of whose completion of the required residence occurs on or before the next succeeding primary, general or other election.
Sec. 5. NRS 349.050 is hereby amended to read as follows:
349.050 1. Every citizen of the United States, [21] 18 years of age or over, who has resided in the state 6 months and in the county 30 days next preceding such election, shall be entitled to vote at the election if he has complied with the registration laws of this state.
2. The provisions of the election laws of this state relating to absent voting shall apply to all bond elections under NRS 349.010 to 349.070, inclusive.
Sec. 6. NRS 350.050 is hereby amended to read as follows:
350.050 1. Every citizen of the United States, [21] 18 years of age or over, who has resided in the state 6 months and in the county 30 days and in the precinct 10 days next preceding the election, shall be entitled to vote at the election if he has complied with the registration laws of this state.
2. The provisions of the election laws of this state relating to absent voting shall apply to all elections under NRS 350.010 to 350.070, inclusive.
3. Notwithstanding the provisions of subsection 2, if a bond question or other loan proposal is submitted at a primary election or other general election except for a regular municipal election or at a special county election, the county clerk shall perform the duties provided herein for the clerk, even though the clerk of the municipal corporation submitting the bond question or other loan proposal is other than the county clerk.
Sec. 7. NRS 387.375 is hereby amended to read as follows:
387.375 1. Every citizen of the United States, [21] 18 years of age or over, who has continuously resided in this state 6 months and in the county 30 days and in the precinct 10 days next preceding the day of a school bond election, shall be entitled to vote at such election if he has complied with the registration laws of this state.
2. The provisions of the election laws of this state relating to absent voting shall apply to all school bond elections.
Sec. 8. The legislative counsel in his preparation of the 1971 supplement to Nevada Revised Statutes shall change any unamended provision in any chapter of Statutes of Nevada 1971 or any section of Nevada Revised Statutes not amended by this act to reflect the age changes effected by the enactment of sections 4 to 7, inclusive, of this act.
κ1971 Statutes of Nevada, Page 1268 (CHAPTER 585, AB 569)κ
Sec. 9. 1. Sections 2 and 3 of this act shall become effective on June 29, 1971, only if as a result of the special election held June 8, 1971, section 1 of Article 2 of the constitution of the State of Nevada was not amended.
2. Sections 4 to 8, inclusive, of this act shall become effective on June 29, 1971, only if as a result of the special election held June 8, 1971, section 1 of Article 2 of the constitution of the State of Nevada was amended.
3. Section 1 of this act and this section shall become effective upon passage and approval of this act.
________
Senate Bill No. 627Committee on Health and Welfare
CHAPTER 586
AN ACT making an appropriation from the general fund in the state treasury to the mental hygiene and mental retardation division of the department of health, welfare and rehabilitation for the purpose of reimbursing Washoe County in part for services to be rendered by the Washoe County advisory board on mental health and mental retardation.
[Approved April 26, 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 mental hygiene and mental retardation division of the department of health, welfare and rehabilitation for the purpose of reimbursing Washoe County for 70 percent of the services of the Washoe County advisory board on mental health and mental retardation:
1. The sum of $28,476 for the fiscal year 1971-1972.
2. The sum of $49,000 for the fiscal year 1972-1973.
________
Senate Bill No. 193Senators Close, Gibson, Foley, Walker, Brown and Lamb
CHAPTER 587
AN ACT requiring the health division of the department of health, welfare and rehabilitation to license certain ambulance drivers and attendants; designating the state board of health to regulate such licensing; and providing other matters properly relating thereto.
[Approved April 27, 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 12, inclusive, of this act.
κ1971 Statutes of Nevada, Page 1269 (CHAPTER 587, SB 193)κ
Sec. 2. Ambulance means a motor 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. 3. Health division means the health division of the department of health, welfare and rehabilitation.
Sec. 4. License means the license issued by the health division to ambulance drivers and attendants, air ambulance pilots and attendants and school bus drivers, certifying them in advanced first aid as provided by this chapter.
Sec. 5. The state board of health shall establish and promulgate such rules, regulations, standards and procedures as it determines are necessary for the issuance, suspension, revocation and renewal of licenses for ambulance drivers and attendants, under the provisions of this chapter.
Sec. 6. The health division shall:
1. Administer the provisions of this chapter and the rules, regulations, standards and procedures of the state board of health as provided in section 5 of this act.
2. Enforce the provisions of this chapter and the rules, regulations, standards and procedures of the state board of health pursuant to section 5 of this act.
Sec. 7. The following persons shall be licensed by the health division for the purposes of this chapter:
1. Ambulance drivers; and
2. Ambulance attendants.
Sec. 8. To obtain a license under the provisions of this chapter, a person whose employment is classified in section 7 of this act shall file with the health division:
1. A current, valid certificate evidencing his successful completion of a training program or course in advanced first aid equivalent to the programs or courses in advanced first aid offered by:
(a) The American Red Cross;
(b) The United States Bureau of Mines;
(c) The civil defense and disaster agency;
(d) The Armed Forces of the United States (to medical corpsmen);
(e) The Federal Civil Defense Administration; or
(f) Any other recognized rescue or emergency first aid organization.
2. A signed statement showing his:
(a) Name and address;
(b) Employers name and address; and
(c) Job description.
Sec. 9. No public or private owner of an ambulance shall permit its operation and use by any person not licensed under this chapter.
Sec. 10. Every state institution, agency, board, department or commission and every incorporated or unincorporated city or town, including Carson City, county or school district may receive and expend such federal moneys as may become available, to aid in carrying out the provisions and purposes of this chapter.
Sec. 11. The licensing provisions of this chapter shall not apply in a general emergency during which the director of civil defense and disaster assistance or any peace officer determines there is a need to use all available persons as drivers, whether or not licensed under the provisions of this chapter.
κ1971 Statutes of Nevada, Page 1270 (CHAPTER 587, SB 193)κ
assistance or any peace officer determines there is a need to use all available persons as drivers, whether or not licensed under the provisions of this chapter.
Sec. 12. 1. Nothing in this chapter shall be construed to preclude local authorities from adopting more restrictive rules or regulations than those adopted by the state board of health pursuant to the provisions of this chapter.
2. No local authority may adopt rules or regulations less restrictive than those established by the state board of health.
3. The state board of health shall determine whether local rules and regulations are less or more restrictive than those adopted by the state board of health.
Sec. 13. NRS 202.590 is hereby amended to read as follows:
202.590 1. Except as provided in subsection 2, after [January 1, 1962,] January 1, 1972, no person shall drive, or be an attendant on, any public or private ambulance, unless he possesses [an advanced first aid certificate issued by the American Red Cross or the United States Bureau of Mines,] a license issued by the health division of the department of health, welfare and rehabilitation under sections 2 to 12, inclusive, of this act, and no owner of such a vehicle shall permit it to be operated unless:
(a) The driver and all attendants possess [first aid certificates] licenses as required by this section.
(b) The vehicle carries traction splints and a standard 24-unit first aid kit approved by the American Red Cross.
2. The provisions of this section do not apply to [:
(a) A] a volunteer who drives, or acts as an attendant on, an ambulance in an emergency when it is impossible to secure a driver or attendant qualified as required by subsection 1.
(b) Drivers and attendants on ambulances operated in cities and towns having less than 1,000 population.
3. Any person who violates any of the provisions of this section shall be punished by a fine of not more than $500.
________
κ1971 Statutes of Nevada, Page 1271κ
Assembly Bill No. 823Committee on Ways and Means
CHAPTER 588
AN ACT making appropriations from the general fund, the state highway fund, the state insurance fund and the fish and game fund in the state treasury for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1971, and ending June 30, 1972, and beginning July 1, 1972, and ending June 30, 1973; making supplemental appropriations for the support of certain state officers and agencies for the fiscal year ending June 30, 1971; and providing other matters properly relating thereto.
[Approved April 27, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following sums are hereby appropriated from the general fund in the state treasury for the purposes hereinafter expressed and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1971, and ending June 30, 1972, and beginning July 1, 1972, and ending June 30, 1973.
1971-72 1972-73
Sec. 2. The Office and Mansion of the Governor.
For the support of the office of the governor...................... $213,136 $215,902
For the support of the office of the extradition clerk.......... 35,000 37,500
For the support of the governors mansion......................... 34,395 34,733
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of lieutenant governor.......... 12,427 12,465
Sec. 4. The Office of Secretary of State.
For the support of the office of secretary of state.............. 239,710 242,564
For the support of the archives division.............................. 38,519 39,208
Sec. 5. The Office of State Treasurer.
For the support of the office of state treasurer.................... 82,076 85,743
Sec. 6. The Office of State Controller.
For the support of the office of state controller.................. 346,750 350,274
Sec. 7. The Office of Attorney General.
For the support of the office of attorney general................ 307,439 308,060
For the special fund of the attorney general........................ 30,000 30,000
κ1971 Statutes of Nevada, Page 1272 (CHAPTER 588, AB 823)κ
1971-72 1972-73
Sec. 8. Bond and Trust Fund.
For the support of state officers bond premiums............... $3,750 $3,750
Sec. 9. Supreme Court of Nevada.
For the support of the supreme court of Nevada................ 422,907 433,153
Sec. 10. State Board of Pardons Commissioners.
For the support of the state board of pardons commissioners 26,248.......................................................................................... 19,863
Sec. 11. District Judges Travel.
For the support of district judges travel.............................. 30,800 31,550
Sec. 12. District Judges Salaries and Judicial Pensions.
For the support of district judges salaries and pensions of justices, judges and widows......................................................................... 592,862 619,459
Sec. 13. Department of Administration.
The following sums are hereby appropriated for the support of:
Budget division.................................................................. 189,441.............................................................................................. 203,791
Records services division................................................. 21,527.............................................................................................. 21,527
Buildings and grounds division...................................... 33,689.............................................................................................. 65,529
Lost City museum................................................. 25,251................................................................................. 25,555
Insurance premium revolving fund................................. 5,500.............................................................................................. 5,500
Merit award board.............................................................. 2,250.............................................................................................. 2,250
University of Nevada System and Nevada state hospital unemployment compensation................................... 40,000........................................................................................ 80,000
Out-of-state travel account.............................................. 40,000.............................................................................................. 40,000
Sec. 14. State Planning Board.
For the support of the state planning board........................ 236,695 232,955
For the support of urban planning........................................ 22,908 23,266
Sec. 15. State Board of Finance.
For the support of the state board of finance...................... 17,186 16,906
Sec. 16. Nevada Tax Commission.
For the support of the Nevada tax commission................... 1,454,143 1,463,332
Sec. 17. Department of Economic Development.
For the support of the department of economic development 250,000........................................................................................ 250,000
Sec. 18. Local Government Employee-Management Relations Board.
κ1971 Statutes of Nevada, Page 1273 (CHAPTER 588, AB 823)κ
1971-72 1972-73
For the support of the local government employee-management relations board................................................................................................. $15,000 $15,000
Sec. 19. Nevada Commissioner for Veteran Affairs.
For the support of the Nevada commissioner for veteran affairs 82,984.......................................................................................... 83,374
Sec. 20. Nevada Commission on Equal Rights of Citizens.
For the support of the Nevada commission on equal rights of citizens 85,587.......................................................................................... 87,355
Sec. 21. Indian Affairs Commission.
For the support of the Indian affairs commission............... 35,494 35,533
Sec. 22. Legislative Counsel Bureau.
For the support of the legislative counsel bureau printing and binding fund................................................................................................... 188,795 6,020
For the support of the legislative counsel bureau.............. 721,240 722,738
Sec. 23. State Department of Education.
The following sums are hereby appropriated for the support of:
Administration.................................................................... 508,759.............................................................................................. 509,473
Automobile driver education fund.................................. 129,000.............................................................................................. 135,000
Vocational education......................................................... 476,934.............................................................................................. 476,934
Manpower development and training............................. 36,676.............................................................................................. 36,676
Adult basic education....................................................... 12,930.............................................................................................. 13,430
School lunch program....................................................... 30,000.............................................................................................. 32,000
Care of visually and aurally handicapped...................... 157,500.............................................................................................. 186,200
Sec. 24. Nevada Educational Communications Commission.
For the support of the Nevada educational communications commission 41,281.......................................................................................... 40,210
Sec. 25. University of Nevada.
The following sums are hereby appropriated for the support of:
General university administration and expense............. 320,215.............................................................................................. 333,720
University of Nevada, Reno, campus instruction......... 8,222,535.............................................................................................. 8,978,731
University of Nevada, Las Vegas, campus instruction 5,189,606.............................................................................................. 5,795,488
Community college administration.................................. 93,500.............................................................................................. 98,000
Elko community college.................................................... 174,200.............................................................................................. 199,500
κ1971 Statutes of Nevada, Page 1274 (CHAPTER 588, AB 823)κ
1971-72 1972-73
Clark county community college..................................... $305,000.............................................................................................. $590,300
Western Nevada community college.............................. 164,253.............................................................................................. 204,929
Desert research institute................................................... 300,000.............................................................................................. 300,000
Statewide programs, University of Nevada, Reno........ 667,819.............................................................................................. 712,973
Statewide programs, University of Nevada, Las Vegas ........................................................................................ 20,000 30,000
Agricultural extension service, agricultural experiment stations and Pahrump Valley research................................................... 1,437,316.............................................................................................. 1,613,746
University computer center.............................................. 600,000.............................................................................................. 630,000
National Defense student loans...................................... 25,000.............................................................................................. 25,000
Western Regional Higher Education Compact fund.... 235,047.............................................................................................. 364,447
Sec. 26. Nevada Heritage Association.
For the support of the Nevada heritage association.......... 1 1
Sec. 27. Nevada State Museum.
For the support of the Nevada state museum...................... 110,277 115,853
Sec. 28. Nevada Historical Society.
For the support of the Nevada historical society................ 70,000 70,000
Sec. 29. Nevada State Library.
For the support of the Nevada state library......................... 301,781 305,214
Sec. 30. Department of Health, Welfare and Rehabilitation.
The following sums are hereby appropriated for the support of:
Office of the director of the department of health, welfare and rehabilitation....................................................................... 83,238.............................................................................................. 84,724
Office of the administrator of aging services................. 11,574.............................................................................................. 11,771
Comprehensive health planning agency........................ 13,697.............................................................................................. 15,978
Health division
Office of the state health officer......................... 114,801................................................................................. 116,674
Dental health.......................................................... 118,490................................................................................. 120,609
Silicosis program................................................... 44,280................................................................................. 44,280
Vital statistics........................................................ 106,227................................................................................. 108,016
Bureau of health facilities.................................... 84,523................................................................................. 85,776
Meat inspection.................................................... 63,093................................................................................. 65,809
κ1971 Statutes of Nevada, Page 1275 (CHAPTER 588, AB 823)κ
1971-72 1972-73
Bureau of laboratory and research..................... $227,939................................................................................. $233,149
Maternal, child and school health and special childrens services................................................................... 400,310................................................................................. 460,586
Environmental health............................................ 307,452................................................................................. 305,066
Community health services................................. 326,922................................................................................. 333,666
Mental hygiene and mental retardation division
Nevada state hospital........................................... 3,583,274................................................................................. 3,660,516
Community training centers................................ 200,000................................................................................. 250,000
Out-patient clinics................................................. 204,724................................................................................. 205,639
Southern Nevada comprehensive mental health center ........................................................................... 884,649 901,100
Mental retardation centers.................................. 533,149................................................................................. 563,988
Welfare division
Administration....................................................... 1,669,465................................................................................. 1,854,253
Aid to dependent children................................... 2,497,500................................................................................. 3,023,100
Aid to the blind..................................................... 107,136................................................................................. 110,592
Old-age assistance................................................ 1,089,816................................................................................. 1,179,672
Child welfare services........................................... 623,080................................................................................. 671,140
Work incentive program...................................... 61,248................................................................................. 61,248
Medical care unit, Title XIX................................ 3,641,455................................................................................. 4,479,480
Intermediate care program................................... 378,000................................................................................. 540,000
Homemaking services........................................... 41,260................................................................................. 43,037
Welfare professional education.......................... 1,750................................................................................. 1,750
Rehabilitation division...................................................... 304,591.............................................................................................. 333,586
Services to the blind division........................................... 169,333.............................................................................................. 169,869
Nevada girls training center division.............................. 871,800.............................................................................................. 888,280
Home of Good Shepherd, for inmate care.......... 150,000................................................................................. 150,000
Nevada youth training center division........................... 1,337,605.............................................................................................. 1,346,585
Childrens home division
Carson City facility............................................... 313,918................................................................................. 316,441
Clark County facility............................................. 118,541................................................................................. 277,257
Clerk Creek youth center................................................... 54,083.............................................................................................. 54,915
Alcoholism division........................................................... 51,560.............................................................................................. 52,426
κ1971 Statutes of Nevada, Page 1276 (CHAPTER 588, AB 823)κ
1971-72 1972-73
Office of the director of economic opportunity............. $9,550.............................................................................................. $9,550
Sec. 31. Nevada State Prison.
For the support of the Nevada state prison......................... 2,851,164 2,888,397
Sec. 32. Department of Parole and Probation.
For the support of the department of parole and probation 580,802........................................................................................ 599,415
Sec. 33. Commission on Crimes, Delinquency and Corrections.
For the support of the commission on crimes, delinquency and corrections 50,528 41,197
For the support of the investigation and narcotics division of the department of law enforcement assistance................................. 302,248 307,275
Sec. 34. Department of the Military.
For the support of the department of the military............... 230,453 230,962
For the support of the civil defense and disaster agency.. 32,945 32,433
Sec. 35. The Office of Inspector of Mines.
For the support of the office of inspector of mines............ 88,499 91,765
Sec. 36. Department of Commerce.
The following sums are hereby appropriated for the support of:
Office of the director.......................................................... 69,938.............................................................................................. 71,608
Insurance division............................................................. 256,324.............................................................................................. 258,510
Insurance division for the support of the state fire marshal 64,945...................................................................... 67,695
Real estate division............................................................ 156,665.............................................................................................. 158,714
Banking and savings and loan divisions....................... 177,814.............................................................................................. 179,243
Sec. 37. Labor Commissioner.
For the support of the labor commissioner.......................... 108,430 112,118
Sec. 38. State Department of Conservation and Natural Resources.
The following sums are hereby appropriated for the support of:
Office of the director.......................................................... 156,165.............................................................................................. 158,285
Division of water resources.............................................. 542,305.............................................................................................. 539,341
κ1971 Statutes of Nevada, Page 1277 (CHAPTER 588, AB 823)κ
1971-72 1972-73
California-Nevada compact commission........................ $14,000.............................................................................................. $14,000
Division of forestry............................................................ 226,710.............................................................................................. 170,137
Forest fire suppression........................................ 37,500................................................................................. 37,500
Forest pest control................................................ 5,000................................................................................. 5,000
State soil conservation committee...................... 750 750
Division of state parks...................................................... 628,684.............................................................................................. 618,611
Sec. 39. Tahoe Regional Planning Agency.
For the support of the Tahoe regional planning agency... 50,000 50,000
Sec. 40. State Department of Agriculture.
For the support of the plant industry fund.......................... 477,844 469,881
For the support of veterinary medical services................... 148,551 148,519
Sec. 41. State Predatory Animal and Rodent Control Committee.
For the support of the state predatory animal and rodent control committee......................................................................................... 116,224 116,082
Sec. 42. Nevada Junior Livestock Show Board.
For the support of the Nevada junior livestock show board 2,500............................................................................................ 2,500
Sec. 43. Department of motor Vehicles.
For the support of the highway safety program.................. 4,276 4,291
Sec. 44. Western Interstate Nuclear Board.
For the support of the western interstate nuclear board.... 10,000 10,000
Sec. 45. High School Rodeo Association.
For the support of the high school rodeo association....... 2,500 2,500
Sec. 46. Advisory Mining Board.
For the support of the advisory mining board..................... 800 800
Sec. 47. Mining Cooperative Fund.
For the support of the mining cooperative fund................. 100,000 110,000
Sec. 48. Consolidated Bond Interest and Redemption Fund.
For the support of the consolidated bond interest and redemption fund 2,331,816..................................................................................... 2,869,783
κ1971 Statutes of Nevada, Page 1278 (CHAPTER 588, AB 823)κ
1971-72 1972-73
Sec. 49. State Board of Examiners.
For the payment of taxes by the state board of examiners pursuant to subsection 4 of NRS 361.055......................................................... $164,506 $149,728
Sec. 50. The following sums are hereby appropriated from the state highway fund in the state treasury for the purposes hereinafter expressed for the fiscal years beginning July 1, 1971, and ending June 30, 1972, and beginning July 1, 1972, and ending June 30, 1973.
1971-72 1972-73
Attorney general: Administrative fund................................. $206,422 $223,170
Budget division, department of administration................... 15,000 15,000
Nevada tax commission........................................................... 88,200 68,270
Public service commission of Nevada................................... 268,669 273,742
Department of motor vehicles
Highway safety program................................................... 4,277.............................................................................................. 4,291
Office of the director.......................................................... 149,890.............................................................................................. 140,449
Administrative services division..................................... 522,822.............................................................................................. 531,725
Automation division.......................................................... 937,435.............................................................................................. 977,459
Drivers license division................................................... 618,627.............................................................................................. 607,155
Law enforcement division................................................. 2,315,291.............................................................................................. 2,273,406
Motor carrier division........................................................ 364,048.............................................................................................. 331,096
Registration division......................................................... 772,044.............................................................................................. 773,952
Nevada highway patrol special fund.............................. 273,661 -----------
State board of examiners for the payment of taxes by the state board of examiners pursuant to subsection 4 of NRS 361.055 ........................................................................................ 47,597 43,609
Sec. 51. The following sums are hereby appropriated from the state insurance fund in the state treasury for the purposes hereinafter expressed for the fiscal years beginning July 1, 1971, and ending June 30, 1972, and beginning July 1, 1972, and ending June 30, 1973.
1971-72 1972-73
State Board of Examiners
For the payment of taxes by the state board of examiners pursuant to subsection 4 of NRS 361.055......................................................... $8,092 $7,469
Sec. 52. The following sums are hereby appropriated from the fish and game fund in the state treasury for the purposes hereinafter expressed for the fiscal years beginning July 1, 1971, and ending June 30, 1972, and beginning July 1, 1972, and ending June 30, 1973.
1971-72 1972-73
For the support of the state predatory animal and rodent control committee......................................................................................... $20,000 $20,000
κ1971 Statutes of Nevada, Page 1279 (CHAPTER 588, AB 823)κ
Sec. 53. 1. Except as provided in subsection 3, the sums herein appropriated shall be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work programmed for the 2 separate fiscal years, 1971-1972 and 1972-1973, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
2. Transfers to and from salary allotments, travel allotments, operating expenses allotments, equipment allotments and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
3. Pursuant to law, sums appropriated for the support of the supreme court of Nevada and the legislative counsel bureau shall be excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 54. Notwithstanding any other provisions of this act, the sums appropriated to:
1. Consolidated bond interest and redemption fund (section 48);
2. Silicosis program (section 30);
3. Child welfare services (section 30);
4. Aid to dependent children (section 30);
5. Old-age assistance (section 30);
6. Medical care unit, Title XIX (section 30);
7. Aid to the blind (section 30);
8. Intermediate care program (section 30);
9. University of Nevada System and Nevada state hospital unemployment compensation (section 13);
10. Maternal, child, school health and special childrens services (section 30); and
11. Community health services (section 30),
shall be available for both fiscal years, 1971-1972 and 1972-1973, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
Sec. 55. Notwithstanding any other provisions of this act, the sums appropriated to the legislative counsel bureau printing and binding fund by section 22 of this act shall be available for both fiscal years, 1971-1972 and 1972-1973, and may be transferred from one fiscal year to the other with the approval of the legislative commission upon the recommendation of the director of the legislative counsel bureau.
Sec. 56. 1. Unencumbered balances of the appropriations herein made for fiscal years 1971-1972 and 1972-1973 shall not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsections 2 and 3 of this section, unencumbered balances of these appropriations shall revert to the fund from which appropriated.
2. Any unencumbered balance of appropriations to the legislative counsel bureau after June 30 of each fiscal year shall not revert to the general fund but shall be transferred by the state controller to the legislative counsel bureau printing and binding fund as provided by NRS 220.150.
κ1971 Statutes of Nevada, Page 1280 (CHAPTER 588, AB 823)κ
general fund but shall be transferred by the state controller to the legislative counsel bureau printing and binding fund as provided by NRS 220.150.
3. Any unencumbered balance of appropriations to the legislative counsel bureau printing and binding fund and the Western Regional Higher Education Compact fund shall not revert to the general fund but shall constitute a balance carried forward as provided by NRS 220.150 and 397.050, respectively.
Sec. 57. For the fiscal year ending June 30, 1971, there is hereby appropriated from the general fund in the state treasury:
1. The sum of $5,500 for the support of the office of the extradition clerk as an additional and supplemental appropriation to that allowed and made by section 2 of chapter 658, Statutes of Nevada 1969.
2. The sum of $20,158 for the support of the legislative counsel bureau as an additional and supplemental appropriation to that allowed and made by section 20 of chapter 658, Statutes of Nevada 1969.
3. The sum of $3,517 for the support of the supreme court of Nevada as an additional and supplemental appropriation to that allowed and made by section 11 of chapter 658, Statutes of Nevada 1969.
Sec. 58. This section and section 57 of this act shall become effective upon passage and approval of this act. The remainder of this act shall become effective on July 1, 1971.
________
Assembly Bill No. 208Messrs. Olsen and Bryan
CHAPTER 589
AN ACT enumerating additional crimes involving use of explosives or threats or false information about explosives or false fire alarms; providing penalties; and providing other matters properly relating thereto.
[Approved April 27, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in sections 3 to 12, inclusive, of this act, the term explosive means gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses (other than electric circuit breakers), detonators and other detonating agents, smokeless powders, other explosive or incendiary devices and any chemical compounds, mechanical mixtures or device that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of the compound, mixture or device or any part thereof may cause an explosion.
Sec. 3. It is unlawful for any person:
1. Who is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; or
κ1971 Statutes of Nevada, Page 1281 (CHAPTER 589, AB 208)κ
2. Who is a fugitive from justice; or
3. Who is an unlawful user of or addicted to marihuana or any depressant or stimulant drug or narcotic drug; or
4. Who has been judicially declared mentally ill or who has been committed to a hospital as mentally ill,
to ship or transport any explosive within the state, or to receive any explosive which has been shipped or transported within the state.
Sec. 4. Any explosive involved or used or intended to be used in any violation of sections 2 to 12, inclusive, of this act or any other law or ordinance shall be subject to seizure or forfeiture of those materials.
Sec. 5. 1. Any person who transports or receives, or attempts to transport or receive within the state, any explosive with the knowledge or intent that it will be used to kill, injure or intimidate any individual or unlawfully to damage or destroy any building, vehicle or real property:
(a) Shall be imprisoned for not more than 10 years, or fined not more than $10,000, or both; and
(b) If personal injury results, shall be imprisoned for not more than 20 years or fined not more than $20,000, or both; and
(c) If death results, shall be subject to imprisonment for any term of years, or to the death penalty or to life imprisonment within the Nevada state prison.
2. In no instance shall the penalty in this section be less than 2 years, or less than $2,000.
Sec. 6. Nothing in sections 3 to 6, inclusive, of this act shall be construed to prevent any person from transporting or receiving any explosive pursuant to any authority granted by the Federal Government or this state or for any lawful purpose.
Sec. 7. 1. Any person who maliciously damages or destroys, or attempts to damage or destroy, by means of an explosive, any building, vehicle or other personal or real property in whole or in part owned, possessed or used by or leased to the State of Nevada, or any department or agency thereof, or any institution or organization receiving State of Nevada financial assistance:
(a) Shall be imprisoned for no more than 10 years, or fined no more than $10,000, or both; and
(b) If personal injury results, shall be imprisoned for no more than 20 years, or fined no more than $20,000, or both; and
(c) If death results, shall be subject to imprisonment for any term of years, or to the death penalty, or life imprisonment.
2. In no instance shall imprisonment be for less than 2 years, nor the fine less than $2,000.
Sec. 8. Any person who possesses an explosive in any building in whole or in part owned, possessed or used by or leased to the State of Nevada, or any department or agency thereof, except with the written consent of the agency, department or other person responsible for the management of such building, shall be imprisoned for no more than 1 year, or fined no more than $1,000, or both. In no instance shall imprisonment be less than 6 months, or the fine less than $500.
Sec. 9. Any person who:
1. Uses an explosive to commit any felony; or
κ1971 Statutes of Nevada, Page 1282 (CHAPTER 589, AB 208)κ
2. Carries an explosive unlawfully during the commission of any felony, shall be sentenced to a term of imprisonment for no less than 1 year, nor more than 10 years. In the case of his second or subsequent conviction under this section, such person shall be sentenced to a term of imprisonment for no less than 5 years, nor more than 25 years, and, notwithstanding any other provisions of law, the court shall not suspend the sentence of such person or give him a probationary sentence.
Sec. 10. 1. Any person who maliciously damages or destroys, or attempts to damage or destroy, by means of an explosive, any building, vehicle or real property in the state:
(a) Shall be imprisoned for no more than 10 years or fined no more than $10,000, or both; and
(b) If personal injury results, shall be imprisoned no more than 20 years, nor fined more than $20,000, or both; and
(c) If death results, shall also be subject to imprisonment for any term of years or to the death penalty, or to life imprisonment.
2. In no instance shall imprisonment be less than 2 years, or the fine less than $2,000.
Sec. 11. 1. Any person who intentionally gives or causes to be given, turns in or causes to be turned in, broadcasts or causes to be broadcast, any false or fictitious threat of the setting of any explosive, bomb, spring trap or mechanism known or commonly thought to be dangerous to human life, limb or safety is guilty of a gross misdemeanor.
2. If, as a result of a violation of subsection 1, any person suffers great bodily injury or death, the person who violated subsection 1 shall be guilty of a felony.
Sec. 12. 1. Any person who willfully and maliciously tampers with, molests, injures or breaks any public fire alarm apparatus, wire or signal, or willfully and maliciously sends, gives, transmits or sounds any false alarm of fire, by means of any public fire alarm system or signal or by any other means or methods, is guilty of a gross misdemeanor.
2. Any person who willfully and maliciously sends, gives, transmits or sounds any false alarm of fire, by means of any public fire alarm system or signal, or by any other means or methods, and great bodily injury or death is sustained by any person as a result thereof, is guilty of a felony and upon conviction thereof shall be punishable by imprisonment in the state prison for not less than 1 nor more than 5 years or by a fine of not less than $500.
Sec. 13. This act shall become effective upon passage and approval.
________
κ1971 Statutes of Nevada, Page 1283κ
Assembly Bill No. 811Messrs. Ashworth, Branch, Mrs. Brookman, Messrs. Bryan, Capurro, Dini, Mrs. Frazzini, Messrs. Getto, Glaser, Miss Hawkins, Messrs. Hilbrecht, Homer, Jacobsen, Kean, Lauri, Lowman, May, McKissick, Mello, Poggione, Prince, Ronzone, Schofield, Smalley, Swackhamer, Swallow and Torvinen
CHAPTER 590
AN ACT enacting the Nevada Water Pollution Control Law of 1971; making legislative findings and a declaration; defining words and terms; creating and specifying the powers and duties of the state commission of environmental protection; providing for water quality and waste discharge standards and declaring certain acts and omissions unlawful; requiring the reporting of certain discharges of materials into the waters of the state; establishing a filing fee; creating a fund in the state treasury; prohibiting thermal pollution of waters; requiring compliance with administrative procedure requirements and providing for judicial review; investing the state commission of environmental protection with emergency powers and providing for injunctive relief; providing penalties; creating a hearing board; repealing certain existing statutes relating to water pollution; and providing other matters properly relating thereto.
[Approved April 27, 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 the provisions set forth as sections 2 to 46, inclusive, of this act.
Sec. 2. Sections 2 to 46, inclusive, of this act shall be known and may be cited as the Nevada Water Pollution Control Law of 1971.
Sec. 3. As used in sections 2 to 46, inclusive, of this act, unless the context otherwise requires, the terms defined in sections 4 to 9, inclusive, of this act have the meanings ascribed to them in sections 4 to 9, inclusive, of this act.
Sec. 4. Commission means the state commission of environmental protection.
Sec. 4.3. Control officer means the chief of the bureau of environmental health of the health division of the department of health, welfare and rehabilitation.
Sec. 4.5. Hearing board means the state environmental protection hearing board.
Sec. 5. 1. Person means the state or any agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, association or other entity, and includes any officer or governing or managing body of any municipality, political subdivision or public or private corporation.
2. Person includes the United States to the extent authorized by federal law.
Sec. 6. Pollution means any discharge or spillage of any liquid, gaseous substance, solids, radioactive waste, sewage or materials or substances of any kind or any combination thereof (referred to in sections 2 to 46, inclusive, of this act as wastes), into any waters of the state, navigable waters of the United States and tributaries thereof, interstate waters, or underground or percolating waters (referred to in sections 2 to 46, inclusive, of this act as waters) from any public or private facility or appurtenance thereof, sewage system, treatment works, marine or land conveyance, or otherwise, whether such discharge or spillage is made directly into such waters or in a manner, by such means, or upon such place as may reasonably be foreseen will cause such wastes to be introduced into such waters or portions thereof in violation of state or federally approved water quality standards, effluent standards, permit conditions or implementation plans authorized under sections 2 to 46, inclusive, of this act; but domestic wastes discharged into a municipal sewage system, or into an approved septic tank, except as otherwise provided in sections 2 to 46, inclusive, of this act, shall not be considered waste under such sections.
κ1971 Statutes of Nevada, Page 1284 (CHAPTER 590, AB 811)κ
waters or in a manner, by such means, or upon such place as may reasonably be foreseen will cause such wastes to be introduced into such waters or portions thereof in violation of state or federally approved water quality standards, effluent standards, permit conditions or implementation plans authorized under sections 2 to 46, inclusive, of this act; but domestic wastes discharged into a municipal sewage system, or into an approved septic tank, except as otherwise provided in sections 2 to 46, inclusive, of this act, shall not be considered waste under such sections.
Sec. 7. Septic tank means any nongovernmental disposal system intended or used primarily for the disposal of human wastes, and includes without limitation aeration facilities, privies and sumps.
Sec. 8. 1. Sewerage system means pipelines or conduits, pumping stations and force mains, and all other structures, devices, appurtenances and facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal.
2. Sewerage system does not include plumbing inside and in connection with buildings served and service pipes from buildings to street mains.
Sec. 9. Treatment works means the various devices used in the treatment of sewage or industrial wastes of a liquid nature, including necessary intercepting sewers, outfall sewers, pumping, power and other equipment and their appurtenances, and includes any extensions, improvements, remodeling, additions and alterations thereof.
Sec. 10. 1. The legislature finds that:
(a) The pollution of the waters of this state constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and other aquatic life, and impairs domestic, agricultural, industrial, recreational and other beneficial uses of water.
(b) The problem of water pollution of this state is closely related to the problem of water pollution in adjoining states.
(c) It is the public policy of this state to conserve the waters of the state and to protect, maintain and improve the quality thereof for public water supplies for the propagation of wildlife, fish and other aquatic life, and for domestic, agricultural, industrial, recreational and other beneficial uses, and to provide that no wastes be discharged into any waters of the state without first being given the degree of treatment necessary to protect the beneficial uses of such water.
2. The legislature declares that the prevention, abatement and control of the pollution of the waters of this state are affected with a public interest, and the provisions of sections 2 to 46, inclusive, of this act are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace and safety, and general welfare of the people of this state.
Sec. 11. 1. The state commission of environmental protection, hereby created, shall consist of the following members:
(a) The chief of the bureau of environmental health of the health division of the department of health, welfare and rehabilitation.
(b) The director of the Nevada department of fish and game.
(c) The state highway engineer.
(d) The state forester firewarden.
(e) The state engineer.
κ1971 Statutes of Nevada, Page 1285 (CHAPTER 590, AB 811)κ
(f) The director of the state department of conservation and natural resources.
(g) The secretary-manager of the state planning board.
(h) The executive director of the state department of agriculture.
2. The governor shall appoint the chairman of the commission.
3. Six members of the commission shall constitute a quorum and a majority of those present must concur in any decision.
4. Each of the members shall be entitled to receive traveling expenses and subsistence allowances in the amounts provided in NRS 281.160.
Sec. 12. The commission is hereby:
1. Designated as the state water pollution control agency for this state for all purposes of the Federal Water Pollution Control Act, as amended, including the Water Quality Act of 1965; and
2. Authorized to take all action necessary and appropriate to secure to this state, its counties and municipalities, or intermunicipal or interstate agencies, the benefits of such federal acts and amendments thereto.
Sec. 13. The commission shall administer sections 2 to 46, inclusive, of this act in accordance with the provisions of such sections and in accordance with the rules, orders and standards of water quality and waste discharge promulgated by the commission under authority of sections 2 to 46, inclusive, of this act.
Sec. 14. The commission has the following powers and duties:
1. To accept, supervise and administer loans and grants from the Federal Government and from other sources, public or private, which loans and grants shall not be expended for other than the purposes for which provided.
2. To examine and approve or disapprove plans and specifications for the construction and operation by a political subdivision of new sewerage systems and treatment works, and extensions, modifications of or additions to new or existing sewerage systems or treatment works.
3. To advise, consult, cooperate and enter into agreements with other agencies of the state, the Federal Government, other states and interstate agencies, and with groups, political subdivisions and industries affected by the provisions of sections 2 to 46, inclusive, of this act and the policies of the commission.
4. To collect and disseminate information relating to water pollution and the prevention, abatement and control thereof, and to encourage, participate in or conduct studies, investigations, research and demonstrations relating thereto.
5. To take such action in accordance with rules and orders promulgated by the commission as may be necessary to prevent, abate and control pollution.
6. To adopt, modify and repeal, after notice and hearing as provided in chapter 233B of NRS, and to adopt and enforce rules and orders implementing or effectuating its powers and duties as it may deem necessary to prevent, control and abate, or improve existing or potential pollution, any limitations thereon contained in such act to the contrary notwithstanding.
7. To hold such public hearings, to issue notices of hearings, subpenas requiring the attendance of witnesses and the production of such evidence, to administer oaths, and to take such testimony as it deems necessary, all in conformity with chapter 233B of NRS.
κ1971 Statutes of Nevada, Page 1286 (CHAPTER 590, AB 811)κ
evidence, to administer oaths, and to take such testimony as it deems necessary, all in conformity with chapter 233B of NRS.
8. To certify all costs and expenditures for any facility, land, building, machinery, equipment, treatment works, sewerage or disposal systems, as have been acquired, constructed or installed in conformity with the purposes of sections 2 to 46, inclusive, of this act.
9. To exercise all incidental powers necessary to carry out the purposes of sections 2 to 46, inclusive, of this act.
Sec. 14.5. The provisions of sections 2 to 46, inclusive, of this act, do not apply to the protection of Lake Tahoe and its watershed and such waters are hereby declared to be covered by the provisions of NRS 445.080 to 445.120, inclusive.
Sec. 15. 1. The commission, through its duly authorized representatives, has power to enter, at reasonable times, and after reasonable notice, upon any private or public property for the purpose of inspecting, investigating and determining conditions relating to the pollution of any waters.
2. In the making of such inspections, investigations and determinations, the commission, insofar as practicable, may designate as its authorized representatives any qualified personnel of the state department of agriculture, the health division of the department of health, welfare and rehabilitation, the inspector of mines and the Nevada department of fish and game, and the state department of conservation and natural resources. The commission may also request assistance from any other state agency or the University of Nevada System.
Sec. 16. The commission shall cause samples to be taken from the waters of the state periodically and in a logical geographical manner so as to be advised of the water quality standard of the waters of the state. Water samples may also be taken at such times as will facilitate administration and enforcement of sections 2 to 46, inclusive, of this act.
Sec. 17. In addition to other powers and duties enumerated in sections 2 to 46, inclusive, of this act, the commission has the power to adopt, promulgate, amend and modify reasonable water quality standards that will apply to all waters of the state and also water quality standards that will apply to the waters classified by the commission, it being recognized that due to variable factors different standards of quality will apply to different waters of the state or to specific segments thereof.
Sec. 18. 1. In addition to the other powers and duties enumerated in sections 2 to 46, inclusive, of this act, the commission has the power following the adoption of water quality standards, to adopt, promulgate, amend and modify such reasonable standards for the discharge of wastes by any person as are necessary and proper to attain and maintain the quality of the waters of the state within the limits set by the applicable water quality standards adopted pursuant to section 17 of this act.
2. In the formulating of each waste discharge standard the commission shall give consideration to, but not be limited by the following, the intent being that the commissions power to set waste discharge standards shall be broad and flexible to the end that the policy of this state as declared in section 10 of this act shall be effectively carried out:
(a) Requirements for establishing water quality standards for interstate waters promulgated from time to time by the Federal Water Quality Office.
κ1971 Statutes of Nevada, Page 1287 (CHAPTER 590, AB 811)κ
(b) Whether the standard should be applicable throughout the entire state or to all water within a given classification or only as to specifically described waters of the state.
(c) Whether the standard should be applicable to all types of waters or to only one or more specifically described types of water, such as flowing water, lakes, aquifers or ditches.
(d) The need for standards that specify the degrees of treatment that will be required for various types of discharges.
(e) The need for standards that specify by chemical, physical, biological or other characteristics the extent to which pollution by various substances will be not tolerated.
(f) The degree to which any particular waste is amenable to treatment and the cost of such treatment.
Sec. 19. Prior to adopting, promulgating, amending or modifying any classification of waters of the state, water quality standard or waste discharge standard as authorized in sections 2 to 46, inclusive, of this act, the commission shall conduct a public hearing thereon as provided in chapter 233B of NRS. Notice of any such hearing thereon shall conform to the requirements of chapter 233B of NRS, and shall specify the waters that will be affected thereby. At least 20 days before each such hearing, such notice shall be published at least once in a newspaper of general circulation in the area for which the standard is sought to be adopted and also shall be mailed to all persons who have requested the commission for notification of such hearing or hearings. Nothing contained in chapter 233B of NRS shall prohibit the commission from adopting and enforcing specific enforcement or implementation plans or schedules, compliance orders, permit systems or permits of less than general applicability or purport.
Sec. 20. The commission shall prepare a register of critical materials which are or may become deleterious to human or animal life for use with the forms required by section 21 of this act. The commission may include on such register water of a temperature other than that into which it is discharged.
Sec. 21. Every person who discharges, directly or indirectly any material listed in the register prepared pursuant to section 20 of this act, except sewage of human origin, into the waters of the state, whether surface or underground, or into any public sewer system, or into ponds for evaporation, shall file a report with the commission every 2 years, or within 60 days of commencing or substantially increasing such discharge, on forms provided by the commission. Such report shall set forth:
1. The nature of the activity causing such discharge.
2. The materials so discharged, including, but not limited to, those materials which appear on the register prepared pursuant to section 20 of this act.
3. The estimated volume of such material and water so discharged.
Sec. 22. The failure to comply with the provisions of sections 20 to 25, inclusive, of this act, may be enjoined by any court of competent jurisdiction upon petition by the commission.
Sec. 23. The commission shall adopt such rules and regulations as it deems necessary to effectuate the administration of sections 20 to 25, inclusive, of this act.
κ1971 Statutes of Nevada, Page 1288 (CHAPTER 590, AB 811)κ
Sec. 24. The provisions of sections 20 to 25, inclusive, of this act shall not apply to the discharge of any material or water as a result of any agricultural activity.
Sec. 25. 1. Every person required by the provisions of sections 20 to 25, inclusive, of this act to file a report with the commission shall submit with such report a filing fee of $10.
2. Such fee shall be deposited by the commission in the water pollution report fund, hereby created in the state treasury.
3. The information acquired by the commission pursuant to this section shall be used only for purposes of water pollution control. If the person required to file the report provided for in this section certifies to the commission that such information is confidential, the commission shall provide proper and adequate facilities and procedures to safeguard the confidentiality of such information, except that confidentiality shall not extend to waste products discharged into the waters of this state or into any sewer system in this state. This subsection does not prohibit the use of confidential information in the prosecution of any violation of any water pollution statute, ordinance or regulation.
Sec. 26. It is unlawful for any person, firm, association or corporation to discharge any effluent into or direct its flow where it can pass or fall into any of the waters of this state if such discharge or direction results in the increase of water temperature to a point which, in the commissions determination, is detrimental to any fish in such waters. The commission shall base its determination of the best available ecological evidence.
Sec. 27. Notwithstanding the provisions of sections 2 to 46, inclusive, of this act, the commission has the power to authorize the Nevada department of fish and game, by issuance of a permit, to poison trash fish. Such poisoning shall be done under terms, conditions and regulations at the discretion of and as specified by the commission.
Sec. 28. It is unlawful for any person to cause the pollution of any waters of this state or otherwise be in violation of, or by a failure to comply with, any order of the commission, including orders fixing standards of waste discharge adopted pursuant to section 18 of this act.
Sec. 29. 1. The commission may grant, pursuant to subsection 2, a written permit for any person to discharge, deposit, generate or dispose of any radioactive, toxic or other waste underground in liquid or explosive form, upon application of the person desiring to undertake such activity.
2. The commission may include in any permit issued pursuant to subsection 1 such reasonable terms and conditions as it may from time to time require to implement this section in a manner consistent with the purposes of sections 2 to 46, inclusive, of this act. The terms or conditions which may be imposed shall include, without limitation, those with respect to duration of use or operation, monitoring, reporting, volume of discharge or disposal, treatment of wastes, and the deposit with the state treasurer of a bond, with or without surety as the commission may in its discretion require, or other security to assure that the permitted activities will be conducted in compliance with the terms and conditions of the permit and that upon abandonment, cessation or interruption of the permitted activities or facilities, appropriate measures will be taken to protect the waters.
κ1971 Statutes of Nevada, Page 1289 (CHAPTER 590, AB 811)κ
the waters. No permit issued pursuant to subsection 1 shall relieve any person of any duty or liability to the state or to any other person existing or arising under any statute or under common law.
3. Any person who violates the provisions of this section or the terms and conditions specified in a permit issued under this section is guilty of a gross misdemeanor. Each day during which the violation continues shall constitute a separate offense.
Sec. 30. 1. Subject to the standards and regulations of section 13 of the Federal Water Pollution Control Act, as amended, at such date as such standards and regulations become effective, it is unlawful for any person to discharge, deposit or dispose of in any waters of the state, or within 100 feet thereof, any human wastes, including, but not limited to, the contents of any container used in any camper, trailer or other motor vehicle or conveyance, whether marine or otherwise, for the purpose of collecting human wastes, whether or not such human wastes have been subjected to chemical or other treatment.
2. Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $150. In addition to those other law enforcement officers and agencies of this state and the political subdivisions thereof authorized to enforce this section, Nevada state park system employees designated by the administrator of the Nevada state park system in the state department of conservation and natural resources, employees of the division of forestry in the state department of conservation and natural resources and the fish and game wardens of the Nevada department of fish and game are expressly authorized, empowered and directed to enforce the provisions of this section.
3. At the time that any person is arrested for a violation of the provisions of this section, the arresting officer may give the alleged offender an opportunity to pay the fine voluntarily. The notice given the alleged offender shall contain the name and address of the alleged offender, the time and place at which he is required to appear and answer the charge, and a statement of the offense and the fine specified in subsection 2. The notice shall be in the form of, and shall constitute, a summons and complaint. A duplicate copy of the notice shall be forwarded to the appropriate justices court.
4. Should the person to whom the notice is tendered choose to acknowledge his guilt of the offense charged, such person shall pay the fine specified in the notice, at the justices court, either in person or by mail within 14 days from the date of arrest. Acceptance and payment of the prescribed fine shall be deemed a complete satisfaction for the violation, and the violator shall be given a receipt which so states when such fine is paid. Checks tendered by the violator to and accepted by the clerk of this justices court or the justice of the peace and on which payment is received by the justices court shall be deemed a sufficient receipt.
5. Should the person to whom the notice is tendered fail to pay the prescribed penalty within 14 days thereafter, the justice of the peace shall docket the notice.
6. All receipts from penalties collected under the provisions of this section and the other penalty provisions of sections 2 to 46, inclusive, of this act, shall be deposited in the state permanent school fund in the state treasury.
κ1971 Statutes of Nevada, Page 1290 (CHAPTER 590, AB 811)κ
section and the other penalty provisions of sections 2 to 46, inclusive, of this act, shall be deposited in the state permanent school fund in the state treasury.
Sec. 30.5. 1. There is hereby created the state environmental protection hearing board, to consist of five persons appointed by the governor.
2. The hearing board shall:
(a) Hear appeals from decisions or actions of the control officer.
(b) Hear alleged violations of the provisions of sections 2 to 39, inclusive, and sections 41 to 46, inclusive, of this act.
(c) Except as provided in section 34.5 of this act, make recommendations for appropriate action to the commission.
(d) Act as provided in sections 30.5, 30.7 and 33 of this act.
3. Membership on the hearing board shall include at least one registered engineer and one individual experienced and knowledgeable in the business of manufacturing or processing.
4. Hearing board proceedings are governed by chapter 233B of NRS as it relates to contested cases, except as otherwise provided in this section.
5. All testimony must be given under oath and recorded verbatim by human or electronic means. Unless waived by all parties, a transcript shall be furnished to any party or other person upon payment of the fee prescribed by the hearing board. For the purpose of judicial review, the parties may agree upon a statement of facts in lieu of a transcript of testimony.
6. The chairman conducting a hearing may issue subpenas to compel the attendance of witnesses and the production of documents, administer oaths and examine witnesses.
7. Three members of the hearing board must be present to hold a hearing, and the majority of those present must concur in any decision.
Sec. 30.7. 1. The district court in and for the county in which any hearing is being conducted may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the chairman of the hearing board.
2. In case of the refusal of any witness to attend or testify or produce any papers required by such subpena the chairman may report to the district court in and for the county in which the hearing is held, by petition setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpenaed in the manner prescribed in sections 2 to 46, inclusive, of this act;
(c) That the witness has failed and refused to attend or produce the papers required by subpena in the hearing named in the subpena, or has refused to answer questions propounded to him in the course of such hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers in the hearing.
3. The court, upon petition of the chairman, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers in the hearing.
κ1971 Statutes of Nevada, Page 1291 (CHAPTER 590, AB 811)κ
attended or testified or produced the books or papers in the hearing. A certified copy of the order shall be served upon the witness. If it appears to the court that the subpena was regularly issued by the chairman, the court shall thereupon enter an order that the witness appear in the hearing at the time and place fixed in the order and testify or produce the required books or papers, and upon a failure to obey the order the witness shall be dealt with as for contempt of court.
Sec. 31. 1. The owner or operator of a source of water pollution or a person who desires to establish such a source may apply to the commission for a variance from its applicable regulations. The commission may grant a variance only if, after public hearing on due notice, it finds from a preponderance of the evidence that:
(a) The pollution occurring or proposed does not endanger or tend to endanger human health or safety; and
(b) Compliance with the regulations would produce serious hardship without equal or greater benefits to the public.
2. A variance shall not be granted unless the commission has considered the relative interests of first, the public; second, other owners of property likely to be affected by the pollution; and last, the applicant.
3. The commission may in granting a variance impose appropriate conditions upon an applicant, and may revoke the variance for failure to comply.
Sec. 31.5. 1. A variance may be renewed only under circumstances and upon conditions which would justify its original granting.
2. Application for any renewal must be made at least 60 days prior to expiration of the variance to be renewed, and the commission shall give public notice of the application.
3. If a protest is filed with the commission against the renewal, the commission shall hold a public hearing and shall not renew the variance unless it makes specific, written findings of fact which justify the renewal.
Sec. 32. 1. The following limitations of duration apply to all variances:
(a) If the variance is granted because no practical means is known or available for prevention, abatement or control of the water pollution involved, the variance shall continue only until such means become known and available.
(b) If the variance is granted because compliance with applicable regulations will require measures which, because of extent or cost, must be spread over a period of time, the variance shall be granted only for the requisite period as determined by the commission, and shall specify the time when the successive steps are to be taken.
(c) If the variance is granted for any other reason, it shall be granted for 1 year or less.
2. A variance whose duration is limited by paragraph (a) or (b) of subsection 1 shall be reviewed at least once each year to determine whether practical measures have become available or required steps have been taken.
Sec. 32.5. 1. No applicant is entitled to the granting or renewal of a variance as of right.
2. Judicial review may be had of the granting or denial of a variance as provided in section 38 of this act.
κ1971 Statutes of Nevada, Page 1292 (CHAPTER 590, AB 811)κ
Sec. 33. 1. Any person aggrieved by:
(a) The issuance, denial, renewal, suspension or revocation of an operating permit; or
(b) The issuance, modification or rescission of any other order,
by the control officer may appeal to the hearing board.
2. The hearing board shall decide the appeal, and may recommend the affirmance, modification or reversal of any action taken by the control officer which is the subject of the appeal.
3. The hearing board shall provide by rule for the time and manner in which appeals are to be taken to the board.
4. Any decision or order of the commission may be appealed as provided in section 38 of this act.
Sec. 33.5. 1. Whenever the control officer believes that a statute or regulation for the prevention, abatement or control of water pollution has been violated, he shall cause written notice to be served upon the person or persons responsible for the alleged violation.
2. The notice shall specify:
(a) The statute or regulation alleged to be violated; and
(b) The facts alleged to constitute the violation.
3. The notice may include an order to take corrective action within a reasonable time, which shall be specified. Such an order becomes final unless, within 10 days after service of the notice, a person named in the order requests a hearing before the hearing board.
4. Without the issuance of an order pursuant to subsection 3, or if corrective action is not taken within the time specified:
(a) The control officer may notify the person or persons responsible for the alleged violation to appear before the hearing board at a specified time and place; or
(b) The commission may initiate proceedings for recovery of the appropriate penalty.
5. Nothing in this section prevents the commission or the control officer from making efforts to obtain voluntary compliance through warning, conference or other appropriate means.
Sec. 34. If a hearing upon an alleged violation is held, the hearing board shall:
1. If it finds that a violation has occurred:
(a) Recommend the affirmance or modification of an order previously issued by the control officer; or
(b) Recommend the issuance of an order for abatement, control or other appropriate corrective action.
2. If it finds that no violation has occurred, recommend the rescission of any order previously issued by the control officer.
Sec. 34.5. 1. If the control officer finds that either a generalized condition of water pollution or the operation of one or more particular sources of water pollution is causing imminent danger to human health or safety, he may order the person or persons causing or contributing to the water pollution to reduce or discontinue such pollution.
2. The order shall fix a time, not later than 24 hours after the time when the order becomes effective, and place for a hearing before the hearing board. Within 24 hours after completion of the hearing, the hearing board shall affirm, modify or set aside the order of the control officer. The decision of the hearing board shall be subject to appeal as provided in section 38 of this act.
κ1971 Statutes of Nevada, Page 1293 (CHAPTER 590, AB 811)κ
decision of the hearing board shall be subject to appeal as provided in section 38 of this act.
3. This section does not limit any power of any other state officer to declare an emergency and to act on the basis of such declaration.
Sec. 35. 1. It is a condition of the issuance of any permit or variance required by the commission that the holder of the permit or variance agrees to permit inspection of the premises to which the permit relates by the control officer at any time during the holders hours of operation without prior notice. This condition shall be stated on each application form and permit.
2. If a source of water pollution exists or is constructed, the control officer may inspect it at any reasonable time, and may enter any premises to search for such a source. If entry is refused, or prior to attempting to enter, the control officer may apply to any magistrate for a search warrant. The magistrate shall issue the warrant if he believes from the supporting affidavit or affidavits that there is probable cause to believe that a source of water pollution exists or is being constructed or operated on the premises to be searched.
Sec. 36. Nothing in sections 2 to 46, inclusive, of this act shall be construed to abridge, limit, impair, create, enlarge or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding therefor in the courts of this state or the courts of the United States on a tort claim against the United States or a federal agency as authorized by federal statutes.
Sec. 37. 1. Any person who violates any provision of sections 2 to 39, inclusive, and sections 41 to 46, inclusive, of this act, or any rule or regulation in force pursuant thereto, other than section 25 on confidential information, is guilty of a civil offense and shall pay an administrative fine levied by the commission of not more than $2,500. Each day of violation constitutes a separate offense.
2. The commission shall by regulation establish a schedule of administrative fines not exceeding $500 for lesser violations of any provision of sections 2 to 40, inclusive, of this act, or any rule or regulation in force pursuant thereto. In imposing a fine, the commission shall take into consideration all circumstances of the violation.
3. Action pursuant to subsection 1 and 2 shall not be a bar to enforcement of the provisions of sections 2 to 39, inclusive, and sections 41 to 46, inclusive, of this act, rules and regulations in force pursuant thereto, and orders made pursuant to sections 2 to 39, inclusive, and sections 41 to 46, inclusive, of this act by injunction or other appropriate remedy, and the board has power to institute and maintain in the name of the State of Nevada any and all such enforcement proceedings.
4. All administrative fines collected by the commission pursuant to this section shall be deposited in the general fund of the county where the violation occurred.
5. Any person aggrieved by an order issued pursuant to this section is entitled to review as provided in section 38 of this act.
Sec. 38. 1. All decisions of the commission relating to standards, rules and regulations adopted pursuant to sections 2 to 46, inclusive, of this act, are subject to judicial review.
κ1971 Statutes of Nevada, Page 1294 (CHAPTER 590, AB 811)κ
2. Judicial review of all decisions of the commission relating to violations of any provision of sections 2 to 46, inclusive, of this act, shall involve a trial de novo.
3. Judicial review of all decisions of the hearing board under section 34.5 of this act shall involve a trial de novo.
Sec. 39. The commission has the final authority in the administration of water pollution prevention, abatement and control. Notwithstanding any other provision of law, no department or agency of the state, and no municipal corporation, county or other political subdivision having jurisdiction over water pollution prevention, abatement and control shall permit, under authority of such jurisdiction, the discharge of wastes into the waters of the state which would result in the pollution of any of such waters in excess of any water quality standard promulgated by the commission.
Sec. 40. 1. Any person planning to:
(a) Construct, install or operate any disposal system which is not in operation on the effective date of this act, including any future modification thereof; and
(b) Construct, install or operate any industrial or commercial establishment not in existence on the effective date of this act, including any future modification thereof, the operation of which either would cause an increase in the discharge of wastes into the waters of the state or would otherwise alter the physical, chemical or biological properties of any waters of the state in any manner prohibited by sections 2 to 46, inclusive, of this act; and
(c) Construct or use any new outlet for the discharge of any wastes into the waters of the state,
shall notify the commission of such proposed actions. Such notice shall include a copy of plans for any such action. Such notice and plans shall be held by the board as confidential information.
2. Upon the request of the commission, any person required to notify the commission as required by subsection 1, and any person discharging sewage or waste other than into a community sewer system, on the effective date of this act, shall file with the commission a report of such discharge. The commission shall state in its requests for such reports the specific substances or characteristics of the waste to be discharged concerning which it desires information. The reporting of a discharge of sewage from family dwellings may be waived by the commission.
3. Any person who willfully violates the provisions of subsection 1 or 2 is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500.
Sec. 41. No person shall commence the construction of any domestic sewage treatment works unless the location therefor has been approved by the commission.
Sec. 42. All orders of the commission and all rules of the commission shall, except as otherwise provided in sections 2 to 46, inclusive, of this act, be promulgated only after public notice is issued and hearings held, which notice shall be issued and hearings held in conformity with the provisions of chapter 233B of NRS, and with the provisions of sections 2 to 46, inclusive, of this act, and shall become effective and be subject to judicial review as provided in chapter 233B of NRS.
κ1971 Statutes of Nevada, Page 1295 (CHAPTER 590, AB 811)κ
46, inclusive, of this act, and shall become effective and be subject to judicial review as provided in chapter 233B of NRS.
Sec. 43. If any person is enjoined under the provisions of section 37 of this act, such person enjoined shall be liable for damages due to any loss of fish or loss in fish propagation in any of the waters of the state where such violation or failure to comply occurs.
Sec. 44. (Deleted by amendment.)
Sec. 45. 1. The basis for proceedings or other actions that result from violations of any water quality or waste discharge standard shall inure solely to and shall be for the benefit of the people of the state generally and it is not intended to create in any way new or enlarged private rights or to enlarge existing private rights or to diminish private rights.
2. A determination that any water quality or waste discharge standard has been disregarded or violated, whether or not a proceeding or action may be brought by the state, shall not create by reason thereof any presumption of law or finding of fact which inures to or is for the benefit of any person other than the state.
3. Nothing in sections 2 to 46, inclusive, of this act, shall abridge or alter rights of action or remedies under the common law or statutory law, nor shall any provisions of sections 2 to 46, inclusive, of this act, or any act done by virtue thereof, be construed as estopping the state or any municipal corporation, county or other political subdivision or person from the exercise of the respective rights under the common law or statutory law to suppress nuisances.
Sec. 46. 1. The initial standards of water quality and waste discharge standards adopted by the commission under the provisions of sections 17 to 19, inclusive, of this act, shall not take effect prior to January 1, 1972.
2. All rules, regulations and standards promulgated by the state board of health and the health division of the department of health, welfare and rehabilitation pertaining to water pollution control in force on the effective date of this act, or adopted or modified prior to January 1, 1972, shall remain in effect until such time as revised by the commission under the procedures established by sections 2 to 46, inclusive, of this act.
Sec. 47. NRS 445.010, 445.020, 445.031, 446.040, 445.050, 445.060, 445.070 and Senate Bill No. 118 of the 56th session of the legislature of the State of Nevada are hereby repealed.
Sec. 48. If Senate Bill No. 275 of the 56th session of the legislature of the State of Nevada is enacted into law, section 11 of this act shall not become effective.
________
κ1971 Statutes of Nevada, Page 1296κ
Assembly Bill No. 822Committee on Ways and Means
CHAPTER 591
AN ACT authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1971, and ending June 30, 1972, and beginning July 1, 1972, and ending June 30, 1973; and providing other matters properly relating thereto.
[Approved April 27, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Expenditure of the following sums not appropriated from the general fund or the state highway fund in the state treasury is hereby authorized during the fiscal years beginning July 1, 1971, and ending June 30, 1972, and beginning July 1, 1972, and ending June 30, 1973, by the various officers, departments, boards, agencies, commissions and institutions of the state government hereinafter mentioned:
1971-72 1972-73
Manpower planning council............................................ $60,400 $61,231
State controller..................................................................... 50,000 50,000
Attorney general
Administration.......................................................... 266,941................................................... 282,080
Private detective........................................................... 7,632....................................................... 8,412
District judges travel............................................................... 200 200
Department of administration
Budget division.......................................................... 20,300..................................................... 20,300
Records services............................................... 88,534............................................... 91,414
Personnel division.................................................... 437,860................................................... 448,819
Purchasing division................................................. 316,548................................................... 332,346
Surplus property section................................. 58,967............................................... 61,360
Commodity food support program................. 70,770............................................... 71,553
Commodity food program.............................. 139,240............................................. 141,709
Buildings and grounds division.......................... 1,087,312................................................ 1,133,493
General services working capital fund ............................................. 838,355.......... 879,089
Statewide leases.............................................. 190,000............................................. 205,000
Motor pool....................................................... 414,959............................................. 424,881
Marlette Lake water system............................ 34,013............................................... 34,358
Accounting division.................................................. 73,037..................................................... 77,108
Insurance premium revolving fund........................ 266,100................................................... 266,100
Application systems department.................................. 1,103,348 1,174,688
Computer facility............................................................. 1,105,199 1,208,336
State planning board
Urban planning........................................................... 45,816..................................................... 46,532
Department of state printing............................................ 729,323 736,241
Nevada tax commission....................................................... 92,000 92,000
Legislative counsel bureau
Printing and binding fund....................................... 148,379..................................................... 50,000
κ1971 Statutes of Nevada, Page 1297 (CHAPTER 591, AB 822)κ
1971-72 1972-73
State department of education
Administration........................................................ $335,237................................................. $338,913
Vocational education............................................ 1,650,908................................................ 1,871,108
Manpower development and training................... 698,426................................................... 698,424
Adult basic education............................................. 216,482................................................... 246,005
Fleischmann scholarships....................................... 223,458................................................... 233,834
Teacher training for handicapped children............ 64,963..................................................... 69,894
National Defense Education Act........................... 111,619................................................... 111,619
Elementary and secondary education act.......... 2,318,232................................................ 2,318,232
School lunch program.............................................. 770,000................................................... 809,000
Indian education....................................................... 136,400................................................... 136,400
Education professions development act................ 70,365..................................................... 70,260
Education civil rights-Title IV................................... 33,935..................................................... 33,960
Western states small schools project................... 580,466................................................... 400,543
Nevada educational communications commission 32,000.................................................... 32,000
Vocational education advisory council............................ 50,000 50,000
University of Nevada System
System administration............................................... 50,000..................................................... 50,000
University of Nevada, Reno, campus instruction ................................................ 2,885,340....... 3,019,260
University of Nevada, Las Vegas, campus instruction ................................................ 1,369,700....... 1,473,380
Elko community college............................................. 85,800..................................................... 93,000
Clark County community college........................... 137,000................................................... 168,700
Western Nevada community college...................... 79,760..................................................... 95,400
Agricultural extension, experiment and research ................................................ 1,046,204....... 1,046,204
Western Regional Higher Education
Compact fund.............................................................. 45,600.................................................... ------------
Nevada historical society..................................................... 6,000 6,000
Nevada state library............................................................. 53,089 53,089
Library services and construction-federal............ 230,800................................................... 230,825
Library cooperation.................................................... 90,350..................................................... 97,159
Department of health, welfare and rehabilitation
Aging services.......................................................... 128,512................................................... 129,102
Comprehensive health planning.............................. 41,090..................................................... 47,936
Health division
Office of state health officer............................ 46,925............................................... 46,925
Dental health..................................................... 70,000............................................... 70,000
Medical laboratory certification and improvement ................................................. 4,665.............. 4,665
Bureau of health facilities................................ 63,594............................................... 64,099
κ1971 Statutes of Nevada, Page 1298 (CHAPTER 591, AB 822)κ
1971-72 1972-73
Meat inspection........................................................ $63,094................................................... $65,809
Bureau of laboratory and research................. 32,000............................................... 32,000
Maternal, child and school health and special childrens services................................... 495,000............................................. 495,000
Health aid to counties.................................... 228,075............................................. 228,075
Environmental health..................................... 100,000............................................. 100,000
Community health services and tuberculosis care ............................................. 269,000.......... 272,000
Mental hygiene and mental retardation division
Nevada state hospital.................................... 222,844............................................. 222,844
Nevada state hospital-federal grants........... 131,000............................................. 131,000
Community training centers............................ 25,000............................................... 25,000
Out-patient clinics............................................ 65,000............................................... 65,000
Southern Nevada comprehensive mental health center............................................................ 20,000............................................... 20,000
Mental retardation centers.............................. 10,000............................................... 10,000
Welfare division
Administration............................................. 2,213,010.......................................... 2,457,962
Aid to dependent children......................... 4,263,006.......................................... 4,974,882
Aid to the blind............................................... 111,600............................................. 115,200
Old-age assistance...................................... 2,095,800.......................................... 2,268,600
Child welfare services.................................... 310,720............................................. 330,560
Work incentive program................................ 194,940............................................. 194,940
Medical care unit, Title XIX....................... 8,202,139.......................................... 9,450,624
Intermediate care program............................. 378,000............................................. 540,000
Homemaking services.................................... 123,783............................................. 129,114
Federal Cuban refugee program................... 164,549............................................. 165,222
United States Indian services....................... 185,697............................................. 195,645
Welfare professional education..................... 26,250............................................... 26,250
Rehabilitation division.......................................... 1,348,577................................................ 1,384,517
OASI determination unit................................ 171,649............................................. 176,415
Services to the blind division................................. 198,500................................................... 198,500
Nevada girls training center division counseling ..................................................... 12,500............ 12,500
Nevada youth training center division................... 40,000..................................................... 40,000
Clear Creek youth center........................................... 27,000..................................................... 27,000
Office of the director of economic opportunity ..................................................... 51,200............ 51,200
Nevada state prison............................................................. 70,500 70,500
Commission on crimes, delinquency and corrections 902,000............................................. 1,164,000
Department of the military................................................ 151,994 151,994
Civil defense and disaster agency........................... 32,195..................................................... 32,433
RADEF maintenance shop.............................. 43,020............................................... 43,807
κ1971 Statutes of Nevada, Page 1299 (CHAPTER 591, AB 822)κ
1971-72 1972-73
Department of commerce
Insurance division for the office of the state fire marshal........................................................................... $14,101................................................... $14,094
Real estate division...................................................... 1,500....................................................... 1,500
Banking and savings and loan divisions.................. 4,500....................................................... 4,500
Public service commission of Nevada............................ 429,633 441,152
Taxicab regulating fund............................................... 6,588....................................................... 6,917
Taxicab authority............................................................... 154,450 159,219
Nevada athletic commission............................................... 28,301 28,320
Hoisting engineers license fund............................................. 865 865
Nevada racing commission................................................... 7,500 7,500
Department of conservation and natural resources 8,000........................................................ 8,000
Division of water resources...................................... 65,000..................................................... 65,000
Division of forestry.................................................. 385,100................................................... 388,100
Forest fire suppression.................................... 35,000............................................... 35,000
Forest pest control........................................... 10,000............................................... 10,000
Forest and watershed rehabilitation................ 5,000................................................. 5,000
Humboldt River investigation........................... 2,500................................................. 2,500
Oil and gas conservation commission...................... 3,000....................................................... 3,000
Division of state parks............................................... 67,570..................................................... 77,570
Marina development...................................... 171,000............................................. 171,000
Nevada department of fish and game.......................... 2,664,482 2,718,481
Colorado River commission of Nevada.......................... 186,958 189,616
Southern Nevada water system.................................... 1,832,203 2,101,759
State department of agriculture
Apiary inspection fund............................................. 14,000..................................................... 11,544
Plant industry fund.................................................... 25,200..................................................... 25,300
Agricultural registration and enforcement fund ..................................................... 32,274............ 31,976
Livestock inspection fund...................................... 170,717................................................... 174,900
State board of sheep commissioners
Sheep inspection fund............................................... 14,375..................................................... 14,375
Woolgrowers predatory animal control committee 43,384.................................................... 43,509
State dairy commission..................................................... 192,261 194,306
Department of highways.............................................. 57,000,000 58,000,000
Department of motor vehicles
Highway safety program......................................... 228,937................................................... 228,591
Nevada highway patrol special fund.............................. 294,714 537,908
Employment security department
Unemployment compensation administration ................................................ 5,053,277....... 5,276,947
OASI administration.................................................... 3,500....................................................... 3,500
Public employees retirement board................................ 223,700 212,672
κ1971 Statutes of Nevada, Page 1300 (CHAPTER 591, AB 822)κ
1971-72 1972-73
Professional and vocational boards and commissions
Board of registration for public health sanitarians ..................................................... $2,044............ $2,044
Nevada state board of public accountants............ 15,260..................................................... 16,200
State board of architecture of Nevada.................... 16,500..................................................... 17,790
State barbers health and sanitation board............ 13,000..................................................... 13,000
State board of examiners in the basic sciences ....................................................... 5,500.............. 5,500
State board of podiatry................................................... 232.......................................................... 232
State board of chiropractic examiners..................... 11,100..................................................... 11,200
State contractors board.......................................... 160,000................................................... 160,000
State board of cosmetology...................................... 33,000..................................................... 34,000
Board of dental examiners of Nevada...................... 11,010..................................................... 11,010
State board of registered professional engineers ..................................................... 84,378............ 83,278
State board of funeral directors and embalmers ....................................................... 3,000.............. 3,200
Nevada liquefied petroleum gas board................... 15,541..................................................... 15,541
Board of medical examiners of the State of Nevada ..................................................... 29,455............ 29,755
State board of nursing.................................. ............ 36,730..................................................... 38,000
Board of dispensing opticians...................................... 765.......................................................... 765
Nevada state board of optometry.............................. 5,550....................................................... 6,300
State board of osteopathy............................................. 500.......................................................... 500
State board of pharmacy........................................... 51,800..................................................... 53,000
State board of physical therapy examiners.................. 500.......................................................... 500
Board of psychological examiners................................ 500.......................................................... 500
Nevada state board of veterinary medical examiners ....................................................... 3,130.............. 3,130
Sec. 2. 1. Expenditures of $309,183 by the Nevada gaming commission and $1,228,754 by the state gaming control board from the general fund in the state treasury pursuant to the provisions of NRS 463.330 are hereby authorized during the fiscal year beginning July 1, 1971, and ending June 30, 1972.
2. Expenditures of $316,387 by the Nevada gaming commission and $1,251,241 by the state gaming control board from the general fund in the state treasury pursuant to the provisions of NRS 463.330 are hereby authorized during the fiscal year beginning July 1, 1972, and ending June 30, 1973.
κ1971 Statutes of Nevada, Page 1301 (CHAPTER 591, AB 822)κ
Sec. 3. The funds authorized to be expended by the provisions of sections 1 and 2 (except funds in the legislative counsel bureau printing and binding fund) shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 4. 1. Except as provided in subsection 2, the chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amount authorized in sections 1 and 2 for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized in sections 1 and 2.
2. The director of the legislative counsel bureau may, with the approval of the legislative commission, authorize the augmentation of the amount authorized in section 1 to the legislative counsel bureau printing and binding fund for expenditure by the legislative counsel bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The director of the legislative counsel bureau shall reduce the authorization whenever he determines that funds to be received will be less than the amount so authorized in section 1.
Sec. 5. Where the operation of an office, department, board, agency, commission or institution or a program is financed by an appropriation or appropriations from the general fund in the state treasury as well as by funds received from other sources, the portion provided by appropriation from the general fund in the state treasury shall be decreased to the extent that the receipt of the funds from other sources approved by this act are exceeded, but such decrease shall not jeopardize the receipt of such funds to be received from other sources.
________
κ1971 Statutes of Nevada, Page 1302κ
Assembly Bill No. 629Committee on Transportation
CHAPTER 592
AN ACT relating to the licensing, sales and leases of motor vehicles and trailers; adding definitions; applying to rebuilders of motor vehicles the restrictions applicable to manufacturers or dealers of vehicles; providing penalties; and providing other matters properly relating thereto.
[Approved April 27, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. Rebuilder means a person engaged in the business of reconstructing motor vehicles by the alteration, addition or substitution of substantial or essential parts.
2. Nothing in this section shall be construed to require any licensed new or used vehicle dealer to secure a license as a rebuilder in conjunction with rebuilding in his own facilities.
Sec. 3. 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. 4. 1. It is unlawful for any person to sell, offer to sell, or display for sale any motor vehicle unless such person is:
(a) The legal or registered owner of such vehicle;
(b) A repossessor of such vehicle, or holder of a statutory lien on such vehicle, selling the vehicle on a bid basis; or
(c) A manufacturer or dealer licensed under the provisions of chapter 482 of NRS.
2. The provisions of this section do not apply to any executor, administrator, sheriff or other person who sells a motor vehicle pursuant to powers or duties granted or imposed by law.
3. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 5. NRS 482.133 is hereby amended to read as follows:
482.133 Used vehicle dealer means any person engaged in the business of selling or exchanging used vehicles for profit, or who buys and sells, or exchanges [three] , two or more used vehicles in any 1 calendar year [.] , or who offers or displays used vehicles for sale.
Sec. 6. NRS 482.318 is hereby amended to read as follows:
482.318 The legislature finds and declares that the distribution and sale of motor vehicles in the State of Nevada vitally affects the general economy of the state and the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate and to license motor vehicle manufacturers, distributors, new and used vehicle dealers, rebuilders, leasing companies, salesmen, and their representatives doing business in the State of Nevada in order to prevent frauds, impositions and other abuse upon its citizens.
κ1971 Statutes of Nevada, Page 1303 (CHAPTER 592, AB 629)κ
sale of motor vehicles in the State of Nevada vitally affects the general economy of the state and the public interest and the public welfare, and in the exercise of its police power, it is necessary to regulate and to license motor vehicle manufacturers, distributors, new and used vehicle dealers, rebuilders, leasing companies, salesmen, and their representatives doing business in the State of Nevada in order to prevent frauds, impositions and other abuse upon its citizens.
Sec. 7. NRS 482.320 is hereby amended to read as follows:
482.320 1. A manufacturer [or dealer] , dealer or rebuilder having an established place of business in this state, and owning or controlling any new or used vehicle of a type otherwise required to be registered under the provisions of this chapter, may operate or move such vehicle if there is displayed thereon a special plate or plates issued to such manufacturer [or dealer] , dealer or rebuilder as provided in NRS 482.330. Such a vehicle may also be moved or operated for the purpose of towing other vehicles which are to be sold or exchanged, or stored for the purpose of sale or exchange.
2. The provisions of this section do not apply to:
(a) Work or service vehicles owned or controlled by a manufacturer [or dealer.] , dealer or rebuilder.
(b) Vehicles leased by dealers, except vehicles rented or leased to vehicle salesmen in the course of their employment.
Sec. 8. NRS 482.3211 is hereby amended to read as follows:
482.3211 1. The department shall supply to dealers and rebuilders permits for the movement of used vehicles which such dealers hold for resale. Such permits shall be in a form to be determined by the department and shall limit the use of such vehicles to movement only for the purposes of display, demonstration, maintenance, sale or exchange. A permit shall be affixed to each such vehicle in a manner and position to be determined by the department, and shall be removed and destroyed upon resale of such vehicle.
2. The permits shall be numbered in sequence and each dealer and rebuilder shall, at such times as the department may require, account to the department by number for permits in his possession, permits in use and permits destroyed.
3. Such permit shall be required for the movement of motortrucks and passenger cars only.
Sec. 9. NRS 482.322 is hereby amended to read as follows:
482.322 1. No person may engage in the business of a new or used vehicle dealer [or manufacturer] , manufacturer or rebuilder in this state, or be entitled to any other license or permit required by this chapter, until he has applied for and has been issued a dealers, manufacturers or rebuilders license certificate by the department.
2. The department shall investigate any applicant for a dealers, manufacturers or rebuilders license and complete an investigation report on a form provided by the department.
Sec. 10. NRS 482.325 is hereby amended to read as follows:
482.325 1. Applications for a manufacturers [or dealers] , dealers or rebuilders license shall be filed upon forms supplied by the department, and the applicant shall furnish:
κ1971 Statutes of Nevada, Page 1304 (CHAPTER 592, AB 629)κ
(a) Such proof as the department may deem necessary that the applicant is a manufacturer [or dealer.] , dealer or rebuilder.
(b) A fee of $25.
2. Upon receipt of such application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a dealers, manufacturers or rebuilders license certificate containing the latters name and the address of his fixed place of business.
Sec. 11. NRS 482.330 is hereby amended to read as follows:
482.330 1. Upon issuance of the dealers, [or] manufacturers or rebuilders license certificate, the department shall also furnish to the manufacturer, [or] dealer or rebuilder one or more registration certificates and special plates for use on vehicles which come within the provisions of NRS 482.320. Every such plate shall have displayed upon it the identification number which is assigned to the dealer, [or manufacturer,] manufacturer or rebuilder, and may at the discretion of the department have a different letter or symbol on each plate or pair of plates. Such manufacturer, [and] dealer or rebuilder license plates may be used interchangeably on such vehicle.
2. The department shall be regulation determine the number of manufacturer, [or] dealer or rebuilder license plates to which each manufacturer, [and] dealer or rebuilder is entitled, which, in the case of a dealer, shall be at least three more than the number of salesmen in his employ.
3. The department may also provide by regulation for the issuance to dealers or rebuilders of special license plates and for the number of such plates for use on vehicles loaned by such dealers or rebuilders to customers in the course of business. Such regulations, if adopted, shall provide what use may be made of such plates.
Sec. 12. NRS 482.335 is hereby amended to read as follows:
482.335 1. No such manufacturer, [or] dealer or rebuilder shall operate any vehicle owned or controlled by him upon any public highway, or permit it to be so operated, unless number plates assigned to him are attached thereto in the manner specified in this chapter.
2. It shall be lawful for [such] a manufacturer or dealer to operate new vehicles without the plates being attached thereto from the railroad depot, warehouse or other place of storage to the place of business of such manufacturer or dealer where the depot, warehouse or place of storage is within the same city or town or not more than 5 miles from the place of business.
Sec. 13. NRS 482.345 is hereby amended to read as follows:
482.345 1. Before any dealers license, dealers plate or plates, [or] special dealers plate or plates or rebuilders license or rebuilders plate or plates shall be furnished to a manufacturer, [or] dealer or rebuilder as provided in this chapter, the department shall require that the applicant make application for a dealer license and dealer plate or plates [,] or a rebuilder license and rebuilder plate or plates upon a form to be furnished by the department, and the applicant shall furnish such information as the department may require, including proof that the applicant has an established place of business in this state, and also, except as provided in subsection 2, procure and file with the department a good and sufficient bond in the amount of $10,000 with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer or rebuilder without fraud or fraudulent representation, and without violation of the provisions of this chapter.
κ1971 Statutes of Nevada, Page 1305 (CHAPTER 592, AB 629)κ
do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer or rebuilder without fraud or fraudulent representation, and without violation of the provisions of this chapter. The department may, by agreement with any dealer or rebuilder who has been in business for 5 years or more, allow a reduction in the amount of the bond of such dealer, if the business of such dealer or rebuilder has been conducted satisfactorily for the preceding 5 years, but no bond shall be in an amount less than $1,000.
2. A manufacturer or dealer who manufactures or sells only motorcycles or trailers designed to carry boats shall file a bond as required by subsection 1 in the amount of $1,000 regardless of the length of time he has been in business.
3. The bond shall be continuous in form and the total aggregate liability on the bond shall be limited to the payment of the total amount of the bond, but in no case shall the amount of any judgment in an action on such a bond exceed the retail value of any vehicle in connection with which the action was brought.
4. The undertaking on the bond shall be deemed to include and shall include any fraud or fraudulent representation or violation of any of the provisions of this chapter by the salesman of any licensed dealer or rebuilder acting for the dealer or rebuilder on his behalf and within the scope of the employment of such salesman.
5. The bond shall provide that any person injured by the action of the dealer [or his] , rebuilder or salesman in violation of any provisions of this chapter may bring an action on the bond.
Sec. 14. NRS 482.351 is hereby amended to read as follows:
482.351 1. No vehicle dealer or rebuilder may intentionally publish, display or circulate any advertising which is misleading or inaccurate in any material particular or which misrepresents any of the products sold, manufactured, handled or furnished to the public.
2. The director, after hearing, may adopt such rules and regulations as may be necessary for making the administration of this section effective.
Sec. 15. NRS 482.352 is hereby amended to read as follows:
482.352 1. The department may deny the issuance of or revoke a dealers or rebuilders license upon any of the following grounds:
(a) Failure of the applicant to have an established place of business in this state.
(b) That the applicant or licensee has been convicted of a felony in the State of Nevada or any other state, territory or nation.
(c) Material misstatement in the application.
(d) Evidence of unfitness of the applicant.
(e) Willful failure to comply with any of the provisions of the motor vehicle laws of the State of Nevada or the directives of the director.
(f) Failure or refusal to furnish and keep in force any bond.
(g) Failure on the part of such licensee to maintain a fixed place of business in this state.
(h) Failure or refusal by a licensee to pay or otherwise discharge any final judgment against such licensee rendered and entered against him, arising out of the misrepresentation of any vehicle, trailer or semitrailer, or out of any fraud committed in connection with the sale of any vehicle, trailer or semitrailer.
κ1971 Statutes of Nevada, Page 1306 (CHAPTER 592, AB 629)κ
or out of any fraud committed in connection with the sale of any vehicle, trailer or semitrailer.
(i) Failure of the licensee to maintain any other license or bond required by any political subdivision of this state.
2. The director shall not be limited to the above grounds but may deny the issuance of a license to an applicant or revoke a license already issued if the department is satisfied that the applicant or licensee is not entitled thereto.
Sec. 16. NRS 482.361 is hereby amended to read as follows:
482.361 Notwithstanding the provisions of chapter 371 of NRS and this chapter or any other law, no dealer or rebuilder shall be required to pay any privilege tax, either as a tax on inventory or on individual vehicles, on any vehicle of which such dealer or rebuilder takes possession and which he holds for sale in the ordinary course of his business.
Sec. 17. NRS 482.362 is hereby amended to read as follows:
482.362 1. No person shall engage in the activity of a vehicle trailer or semitrailer salesman in the State of Nevada without first having received a license from the department. Before issuing a license to engage in the activity of a salesman, the department shall require:
(a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, and the name and address of his employer.
(b) Proof of the employment of such applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer or rebuilder at the time such application is filed.
(c) A statement as to whether any previous application of the applicant has been denied or license revoked.
(d) Payment of a license fee of $5 per year. Such licenses shall expire on December 31 of each calendar year.
(e) Such other information as the department may deem necessary.
2. A salesmans license may be denied or revoked upon the following grounds:
(a) Failure of the applicant to establish by proof satisfactory to the department that he is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer [.] or rebuilder.
(b) Conviction of a felony.
(c) Conviction of a misdemeanor for violation of any of the provisions of this chapter.
(d) Falsification of the application.
(e) Any reason determined by the director to be in the best interests of the public.
3. A vehicle salesman may not engage in sales activity other than for the account of or for and in behalf of a single employer, who shall be a licensed dealer [.] or rebuilder.
4. A salesmans license issued hereunder may be transferred to another dealer or rebuilder upon application and the payment of a transfer fee of $2. However, when a salesman holding a current salesmans license leaves the employment of one dealer or rebuilder for that of another, the new employer may immediately employ the salesman pending the transfer of the salesmans license to his dealership or rebuilding business but the transfer must be completed within 10 days.
κ1971 Statutes of Nevada, Page 1307 (CHAPTER 592, AB 629)κ
the salesmans license to his dealership or rebuilding business but the transfer must be completed within 10 days.
5. A salesmans license must be posted in a conspicuous place on the premises of the dealer or rebuilder for whom he is licensed to sell vehicles.
6. In the event that a salesman ceases to be employed by a licensed and bonded dealer [,] or rebuilder, his license to act as a salesman shall be automatically suspended and his right to act as a salesman shall thereupon immediately cease, and he shall not engage in the activity of a salesman until reemployed by a licensed and bonded dealer [.] or rebuilder. Every licensed salesman shall report in writing to the department every change in his residence address, place of employment, or termination of employment within 5 days of the date of making such change.
7. Any person who fails to comply with the provisions of this section shall be guilty of a misdemeanor.
Sec. 18. NRS 482.363 is hereby amended to read as follows:
482.363 1. Any person, other than a new or used vehicle dealer licensed under the provisions of NRS 482.325, who engages in the leasing of vehicles in this state as a long-term lessor, shall, before commencing operations in this state, and annually thereafter:
(a) Secure a license from the department to conduct such leasing business;
(b) Post a bond;
(c) Furnish the department with such other information as may be required; and
(d) Comply with the same terms and conditions which apply to vehicle dealers as specified in NRS 482.345.
2. Any person employed by a person licensed under the provisions of subsection 1 who engages in the practice of arranging or selling such services in this state shall, before commencing operations, and annually thereafter:
(a) Secure from the department a license to act as a salesman of such services; and
(b) Comply with the same terms and conditions which apply to salesmen of vehicles as specified in NRS 482.362.
3. The provisions of NRS 482.352, relating to the denial, revocation or suspension of dealers or rebuilders licenses, shall apply to licenses issued pursuant to the provisions of subsection 1. The provisions of NRS 482.362, relating to the denial, revocation and transfer of vehicle salesmens licenses, shall apply to licenses issued pursuant to the provisions of subsection 2.
Sec. 19. NRS 482.424 is hereby amended to read as follows:
482.424 1. When a used or rebuilt vehicle is sold in this state by a dealer [,] or rebuilder, the seller shall complete and execute a dealers or rebuilders report of sale. The dealers or rebuilders report of sale shall be in a form prescribed by the department and shall include a description of the vehicle, the name and address of the seller and the name and address of the buyer. If a security interest exists at the time of such sale, or if in connection with such sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party shall be entered on the dealers or rebuilders report of sale.
κ1971 Statutes of Nevada, Page 1308 (CHAPTER 592, AB 629)κ
connection with such sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party shall be entered on the dealers or rebuilders report of sale.
2. The seller shall submit one copy of the dealers or rebuilders report of sale to the department, together with the properly endorsed certificate of title or certificate of ownership previously issued for such vehicle, and shall furnish one copy to the buyer. One copy shall be affixed to the front right windshield of the vehicle. Upon the issuance of the certificate of registration for the vehicle or the expiration of 10 days after the sale, whichever occurs first, the buyer shall remove the copy from the windshield of the vehicle.
Sec. 20. NRS 482.426 is hereby amended to read as follows:
482.426 When a used or rebuilt vehicle is sold in this state by a person who is not a dealer [,] or rebuilder, the seller or buyer or both of them shall, within 10 days after the sale, submit to the department:
1. If a certificate of ownership has been issued in this state, such certificate properly endorsed.
2. If a certificate of title or other document of title has been issued by a public authority of another state, territory or country:
(a) Such certificate or document properly endorsed; and
(b) A statement showing, if not included in the endorsed certificate or document, the description of the vehicle, the names and addresses of the buyer and seller, and the name and address of any person who takes or retains a purchase money security interest. Any such statement shall be signed and acknowledged by the seller and the buyer.
3. If no document of title has been issued by any public authority, a statement showing all the information and signed and acknowledged in the manner required by paragraph (b) of subsection 2.
Sec. 21. NRS 482.490 is hereby amended to read as follows:
482.490 There shall be paid to the department for each manufacturer, [or] dealer or rebuilder license plate, or pair of plates, in lieu of any other fees specified in this chapter, fees according to the following schedule, which fees shall be paid at the time application is made for such plates:
For each plate or pair of plates for motor vehicles other than motorcycles ............................................................................................... $5.50
For plates for motorcycles:
For the first plate................................................................... 5.00
For each additional number plate....................................... 2.00
For plates for trailers and semitrailers:
For the first plate................................................................... 5.00
For each additional number plate....................................... 2.00
Sec. 22. NRS 706.680 is hereby amended to read as follows:
706.680 1. Notwithstanding the provisions of NRS 482.320 and the provisions of NRS 706.070 and 706.560, such sections relating to motor convoy carriers, it shall be lawful for any manufacturer or dealer in or rebuilder of motor vehicles, as such are defined in NRS 706.080, having an established place of business in this state to operate, drive or tow any such motor vehicles over and along the public 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.
κ1971 Statutes of Nevada, Page 1309 (CHAPTER 592, AB 629)κ
tow any such motor vehicles over and along the public 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] , dealer or rebuilder 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,] , dealers or rebuilders, or a permit from the department provided for in NRS 482.3211 and 482.3212.
________
Assembly Bill No. 682Committee on Commerce
CHAPTER 593
AN ACT relating to the Nevada athletic commission; authorizing collection by the commission of license fees on admissions to live boxing and wrestling matches, telecasts and motion pictures of such matches; specifying promoters license fees and other license fees; and providing other matters properly relating thereto.
[Approved April 27, 1971]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 467 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person who charges and receives an admission fee for exhibiting any live boxing or sparring match, wrestling exhibition or performance on a closed-circuit telecast, or motion picture, shall, within 72 hours after such event, furnish to the commission a verified written report on a form which is supplied by the commission, showing the number of tickets sold and issued or sold or issued, and the gross receipts therefor without any deductions.
2. Such person shall also, at the same time, pay to the commission a license fee, exclusive of federal taxes thereon, of 4 cents for each $1 or fraction thereof received for admission at such exhibition. In no event, however, shall the license fee be less than $25 for a single exhibition. The license fee shall apply uniformly at the same rate to all persons subject to it. The license fee shall be based on the face value of all tickets sold and complimentary tickets issued.
Sec. 2. NRS 467.010 is hereby amended to read as follows:
467.010 As used in this chapter:
1. Applicant entity means any club, organization, corporation, association or individual.
2. Board means the medical advisory board.
3. Commission means the Nevada athletic commission.
4. Foreign copromoter means a promoter who as no place of business within this state.
5. Person means any individual, partnership, association, [or corporation.] club or organization.
κ1971 Statutes of Nevada, Page 1310 (CHAPTER 593, AB 682)κ
6. Professional boxer or professional wrestler means an individual who competes for money, prizes or purses, or who teaches or pursues or assists in the practice of boxing or wrestling as a means of obtaining a livelihood or pecuniary gain.
7. Promoter means any person, and in the case of a corporate promoter includes any officer, director or stockholder thereof, who produces or stages any professional boxing or wrestling contest or exhibition.
8. Purse means the financial guarantee or any other remuneration, or part thereof, for which professional boxers or wrestlers are participating in a contest or exhibition and includes the participants share of any payment received for radio broadcasting, television or motion picture rights.
9. Ring official means any person, who performs an official function during the progress of a contest or exhibition.
Sec. 3. NRS 467.107 is hereby amended to read as follows:
467.107 1. In addition to the payment of any other fees and moneys due under this chapter, every promoter shall pay an additional license fee of [3] 4 percent of the total gross receipts of any boxing contest, wrestling exhibition, or combination of such events, exclusive of any federal tax or tax imposed by any political subdivision of this state. In no case shall such license fee be less than $25 for a single contest, match or exhibition. The license fee shall apply uniformly at the same rate to all promoters or clubs subject to it.
2. For the purposes of this section, total gross receipts of every promoter shall include:
(a) The gross price charged for the sale, lease or other exploitation of broadcasting, television or motion picture rights of such contest or exhibition without any deductions for commissions, brokerage fees, distribution fees, advertising or other expenses or charges.
(b) The face value of all tickets sold and complimentary tickets issued.
(c) Any sum received as consideration for holding a boxing contest, wrestling exhibition or combination of such events at a particular location.
Sec. 4. NRS 467.109 is hereby amended to read as follows:
467.109 [The payment of the license fees provided for in NRS 467.107 shall be made within 48 hours after the contest, exhibition or television broadcast and shall be accompanied by a form prescribed by the commission setting forth the gross receipts received from the contest, exhibition or television broadcast, together with such other information as the commission may require.]
1. Any person licensed under this chapter shall, within 72 hours after the completion of any contest, match or exhibition for which an admission fee is charged and received, furnish to the commission a written report, duly verified by one of its officers, showing:
(a) The number of tickets sold and issued or sold or issued for such contest, match or exhibition;
(b) The amount of the gross receipts or value thereof;
(c) The amount of gross receipts derived from the sale, lease or other exploitation of broadcasting, motion picture and television rights of such contest, match or exhibition, and without any deductions for commissions, brokerage fees, distribution fees, advertising or any other expenses or charges; and
κ1971 Statutes of Nevada, Page 1311 (CHAPTER 593, AB 682)κ
(d) Such other matters as the commission may prescribe.
2. Such promoter or club shall also at the same time pay to the commission the license fee described in NRS 467.107.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 732Mr. Capurro
CHAPTER 594
AN ACT relating to factory-built housing; establishing a legislative policy regarding construction; adopting certain uniform codes; requiring the state department of commerce to adopt rules and regulations concerning construction; providing for enforcement by the department of commerce and by local authorities; providing penalties; and providing other matters properly relating thereto.
[Approved April 27, 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 27, inclusive, of this act.
Sec. 2. This chapter may be cited as the Nevada Factory-Built Housing Law.
Sec. 3. The provisions of this chapter shall be applicable to all factory-built housing manufactured after the effective date of this act.
Sec. 4. 1. The legislature hereby finds and declares that in an effort to meet the housing needs within the State of Nevada, the private housing and construction industry has developed mass production techniques which can substantially reduce housing construction costs, and that the mass production of housing, consisting primarily of factory manufacture of dwelling units or habitable rooms thereof, presents unique problems with respect to the establishment of uniform health and safety standards and inspection procedures.
2. The legislature further finds and declares that by minimizing the problems of standards and inspection procedures, it is demonstrating its intention to encourage the reduction of housing construction costs and to make housing and home ownership more feasible for all residents of the state.
Sec. 5. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 6 to 16, inclusive, of this act have the meanings ascribed to them in such sections.
Sec. 6. Approval means conforming to the requirements, and obtaining the approval, of the department.
Sec. 7. Department means the department of commerce.
Sec. 8. Dwelling unit means one or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating.
Sec. 9. Factory-built housing means a residential building, dwelling unit or habitable room thereof which is either wholly manufactured or is in substantial part manufactured at an off-site location to be wholly or partially assembled on site in accordance with regulations adopted by the department pursuant to section 17 of this act but shall not include a mobile home.
κ1971 Statutes of Nevada, Page 1312 (CHAPTER 594, AB 732)κ
in substantial part manufactured at an off-site location to be wholly or partially assembled on site in accordance with regulations adopted by the department pursuant to section 17 of this act but shall not include a mobile home.
Sec. 10. First user means the person, firm or corporation that initially installs factory-built housing within this state. A person who subsequently purchases a building which wholly or partially consists of factory-built housing is not a first user within the meaning of this definition.
Sec. 11. Habitable room means any room meeting the requirements of this chapter designed for sleeping, living, cooking or dining purposes, excluding such enclosed places as closets, pantries, connecting corridors, unfinished attics, laundries, foyers, storage spaces, cellars, utility rooms and similar spaces.
Sec. 12. Installation means the assembly of factory-built housing on site and the process of affixing factory-built housing to land, a foundation, footings or an existing building.
Sec. 13. Local enforcement agency means any county or incorporated city or town, including Carson City, in which factory-built housing is installed.
Sec. 14. Manufacture is the process of making, fabricating, constructing, forming or assembling a product from raw, unfinished or semi-finished materials.
Sec. 14.5. Mobile home means a vehicular structure which is built on a chassis or frame, is designed to be used with or without a permanent foundation, is capable of being drawn by a motor vehicle and is used as a dwelling when connected to utilities.
Sec. 15. Residential building means any structure designed solely for dwelling occupancy, containing one or more dwelling units and structures accessory thereto.
Sec. 16. Site is the entire tract, subdivision or parcel of land on which factory-built housing is installed.
Sec. 17. 1. The following codes, as revised from time to time, are hereby adopted for the purposes of this chapter:
(a) The Uniform Housing Code;
(b) The Uniform Building Code, as adopted by the International Conference of Building Officials;
(c) The Uniform Plumbing Code, as adopted by the International Association of Plumbing and Mechanical Officials;
(d) The Uniform Mechanical Code, as adopted by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials;
(e) The National Electrical Code, as adopted by the National Fire Protection Association;
(f) The Uniform Building Code, Dangerous Building, as adopted by the International Conference of Building Officials; and
(g) The Uniform Building Code Standards, as adopted by the International Conference of Building Officials.
2. The department shall adopt such rules and regulations as may be necessary to carry out the provisions of this chapter and the uniform